HomeMy WebLinkAboutStaff Report 13540
City of Palo Alto (ID # 13540)
City Council Staff Report
Report Type: Action Items Meeting Date: 9/13/2021
City of Palo Alto Page 1
Summary Title: Downtown and California Ave Street Closure, Fees, Parklet
Extension
Title: Staff recommend Council: (a) Adopt a Resolution Authorizing the City
Manager to Close University Avenue and California Avenue and Some
Intersecting Streets Until a Da te the Council Determines and Provide
Direction Regarding Associated Fees or Charges; (b) Provide Direction
Regarding the Duration of the Temporary Parklet Program and Development
of Associated Fees or Charges; (c) Receive Updates regarding the Permanent
Parklet Program the Downtown and California Avenue Streetscape Designs.
(9:15 PM - 10:30 PM)
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends the City Council: (a) Adopt the Attached Resolution Author izing the City
Manager to Close University Avenue and California Avenue and Some Intersecting Streets Until
a Date the Council Determines and Provide Direction Regarding Associated Fees or Charges; (b)
Provide Direction Regarding the Duration of the Tempor ary Parklet Program and Development
of Associated Fees or Charges; (c) Receive Updates regarding the Permanent Parklet Program
the Downtown and California Avenue Streetscape Designs.
Executive Summary
This report covers several topics and seeks the City Council’s direction on next steps.
The Downtown and California Avenue Street closures are currently authorized through
September 30, 2021 by direction of the City Council. The City Manager’s authority to close such
streets will end on October 31, 2021. Council may wish to extend the City Manager’s authority
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to close these streets or allow it to conclude as scheduled. The report offers a few dates to
consider if Council wishes to extend the closures. This report also provides updated information
regarding preferences of businesses as well as data regarding the economic impact of the
closures on revenues.
This report also discusses options for addressing the costs of street closures . If Council extends
the closures beyond calendar year 2021, staff seek Council’s direction on development of new
charges for business activities that occupy closed streets. Such pricing and collection of monies
could contribute towards expenses for maintaining and upgrading closures.
This report provides an update on the deve lopment of the permanent parklet program. Given
the timeline for developing and adopting permanent parklet guidelines, staff recommend
Council extend the temporary parklet program to June 30, 2022. If Council extends the
temporary program and ends fee waivers, staff will return with an update to the parklet
ordinance. Staff also seek direction regarding ending or continuing waivers of encroachment
permit fees and daily parking space occupancy fees.
Lastly, the report provides an update on Downtown and California Avenue streetscape planning
efforts.
Background
COVID-19 Pandemic
At the time of this report’s writing, the Bay Area remains in the fourth wave of the COVID -19
pandemic. This surge in COVID transmission, illness, hospitalization, and death has be en driven
by the delta variant, a more contagious strain of the virus. In addition, vaccinated persons can
contract and transmit the disease. With a significant portion of the population unvaccinated,
including children under 12, the virus continues to pos e challenges to activities of daily life and
to the operation of commercial enterprises.
Street Closures and the Temporary Pilot Parklet Program
On June 1, 2020, the Santa Clara County Health Officer issued an order effective June 5, 2020,
authorizing outdoor dining. On June 23, 2020, the City Council adopted Ordinance 5500, which
allows the City to issue encroachment permits for dining and retail uses on sidewalks, closed
streets, parklets, and public surface parking lots. At the same time, the City C ouncil approved
Resolution 9909, which provided additional implementation guidelines for the pilot parklet
program. Council also authorized the City Manager to close certain streets to vehicular traffic to
allow more space for outdoor dining and retail.
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On June 22, 2021, the City Council approved a replacement ordinance to extend the Uplift Local
Encroachment Permits, including the pilot parklet program, to December 31, 2021. Council also
amended Resolution 9909 to extend the City Manager’s authority to cl ose University Avenue
and California Avenue and certain intersecting streets to October 31, 2021.1 On June 22, 2021,
Council gave direction to staff to keep the streets closed until September 30, 2021 and review
the closures after Council’s summer break.
Discussion
Since Council went on summer break, COVID-19 transmission has surged while the City
prepared to conclude the street closure program (September 30, 2021).
Duration of the Street Closure Program
Council may choose to conclude the street closure program on September 30, 2021, or choose
to extend the City Manager’s authority to another date. The following section discusses the
advantages and disadvantages of several options. Council may consider different approaches to
California Avenue and Downtown areas.
• September 30, 2021 - Allow the program to sunset on September 30, 2021, as
scheduled. At this time, dining and retail on the roadway would cease. Restaurants
could continue to provide table service at parklets or permitted sidewalk dining area s. If
a restaurant does not currently have a parklet, they can file an application to construct a
parklet, using the temporary parklet program guidelines. This scenario leaves space for
outdoor dining while resuming vehicle access. Staff recommended this d ate in June
2021.
• November 1 or November 22, 2021 – Extending the program to the beginning of
November 1 or November 22 allows restaurateurs to benefit from the last days of
autumn sun, while retailers can benefit from vehicular traffic during the holida y
shopping season. Any future street closure would require re-establishment of street
closure authority.
Many scientists predict the delta variant surge will peak around mid -September. It’s
unclear if the holidays will bring another surge. The current surge and any future surge
diminish the willingness of patrons to dine indoors. So, this time could be exactly when
more space for outdoor dining is needed. It should be noted, though, that if temporary
parklets are retained, some outdoor area for dining remains.
1 Staff report: https://www.cityofpaloalto.org/files/assets/public/agendas -minutes-reports/reports/city-manager-
reports-cmrs/2021/id-12354.pdf.
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This schedule does bring some balance to the City’s pandemic response. The holiday
shopping season is critical for retailers large and small. Many retailers have attested to
the importance of visibility to motorists and proximate parking for their op erations. This
timing also coincides with seasonal weather changes, with cooler temperatures and
fewer daylight hours. These conditions make outdoor dining less attractive compared to
the summer months.
• January 31, 2022 – This would allow flexibility for opening and closing streets as the
delta variant surges and allows flexibility should a wintertime surge develop. Council
may consider extending the closure authority until January 31, 2022, with direction to
open the streets to traffic during the holiday shopping season (November 1 or
November 22 or other date). This would allow time to observe what happens this winter
and decide early next year if the program continues to be needed. With a stated time of
the streets being open the City can create the opportunity for retailers to be
competitive during the holiday shopping season.
• Downtown: Weekday Streets Open to Traffic and Closed on Weekends - The City could
extend the street closures while also allocating funds to facilitate closing and opening
the streets to traffic weekly. Operationally, a crew would place barriers on Fridays and
remove the barriers on Monday mornings. This schedule recognizes that the downtown
street closures areas are most populated on weekends. This allows the retailers
vehicular access during the week, and restaurants street dining opportunities during the
weekend.
The opening/closing process requires personnel. Public Works estimates the cost to
open/close the street using the current traffic control devices and configuration to be
$27,000 to $37,000 per month, with the higher end of the range representing overtime
work. This estimate does not include some other related but less impactful costs, such
as Police Department enforcement of no parking requirements when the weekend
closures are implemented, and Office of Transportation costs to change traffic signal
programming.
The City Council would need to allocate funds to support this operation. If Council
selects this option, staff will return with a budget adjustment based on the costs as well
as the duration of this open/closure activity. Council will still need to decide the
duration of the program and by extension the duration of the street closures. The cost
of the closure could be allocated to Downtown businesses using the closed streets.
Based on the current number of permittees, and without attempting to differentiate
costs based on differing square footage uses of the space, the costs equate to $675 to
$925 per month for each permittee.
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Some restaurateurs have expressed this option would challenge them to remove their
items from the street weekly. This strains their staff resources, adds wear -and-tear on
the furniture and requires storage space to store the outdoor dining furniture.
If this option is selected, Council will need to determine the open/close date for
California Avenue separately. While this opening and closing could be facilitated on
California Avenue, the street’s set up would make weekly opening/closing more difficult
and less desirable than Downtown.
• Authorize the City Manager to Suspend Closures based on Weather Considerations –
Finally, the City Council could delegate timing of a winter suspension of both closures to
the City Manager. This would only be exercised if weather conditions are likely to impact
outdoor dining for an extended period. Given the associated changes involved for all
involved, once exercised such a suspension would like remain until Spring 2022.
The remainder of this section provides information to aid Council in its deliberat ion and
decision-making.
Impact of Street Closures on Palo Alto Businesses
During the City Council’s discussion of economic development activities in June, the City Council
asked for more information about the impacts of street closures on various types of businesses.
The City is working with our sales tax consultant AvenuInsights to analyze the sales tax
performance of businesses throughout the pandemic by comparing information from
businesses (aggregated to ensure anonymity) within and near the street closures to pre-
pandemic levels. The most up-to-date sales tax data available through March 2021 is currently
being analyzed and will be transmitted to the Council and public on September 9, in advance of
the September 13 discussion of this item.
Concurrent with that analysis, staff also released a survey to local businesses to inform ongoing
economic support and development activities. It is important to note that the survey was not
designed to be a statistically significant survey but rather to serve as another means of
outreach for input and feedback from our local business community.
The survey was available to ground floor businesses located within and nearby the closed
streets, and sought information from businesses regarding their financial performa nce through
the COVID-19 pandemic. Of the 287 included businesses, a total of 65 survey responses were
received. The survey conveyed various responses from businesses and shows that while there is
no clear pattern on perceptions of economic impacts from COVID-19 nor consensus of opinions
on street closures, there were some areas of agreement regarding economic support activities.
The areas for additional economic support are discussed as part of a separate Council item.
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More detail regarding the survey is provided in Attachment B. Table 1 provides an overview of
the respondents. The inconclusive nature of the survey stems in part from the low response
rates from businesses.
Table 1: Survey of Ground Floor Businesses Downtown and Cal Ave
Respondents by Area and Industry Type # of Respondents
Cal Ave 10
Inside road closure 5
Restaurant/Eating and Drinking Places 2
Retail (other than eating/drinking places) 2
Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting) 1
Near street closure 5
Restaurant/Eating and Drinking Places 1
Retail (other than Restaurants/eating and drinking places) 1
Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting) 3
Location Not Identifiable 15
Inside road closure 7
Office (e.g. Banks, Insurance, and Real Estate) 1
Restaurant/Eating and Drinking Places 5
Retail (other than eating/drinking places) 1
Near street closure 8
Office (e.g. Banks, Insurance, and Real Estate) 1
Restaurant/Eating and Drinking Places 2
Retail (other than eating/drinking places) 3
Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting) 2
University 40
Inside road closure 24
Restaurant/Eating and Drinking Places 13
Retail (other than eating/drinking places) 10
Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting) 1
Near street closure 16
Office (e.g. Banks, Insurance, and Real Estate) 1
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Restaurant/Eating and Drinking Places 6
Retail (other than eating/drinking places) 7
Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting) 2
Grand Total 65
Traffic Count
Staff have performed additional traffic counts in Downtown Palo Alto to quantify vehicular
traffic changes on Downtown streets. As with t he sales tax data referenced previously, this
information will be published on September 9th.
Stakeholder Input
The opinions of stakeholders have not shifted significantly since the Council’s last discussion of
this matter. Generally speaking, owners of restaurants located within the closed streets along
University Avenue and Ramona Street corridors and on California Avenue prefer the closures.
Due to the rise in delta variant, they report that fewer diners want to eat indoors.
Likewise, retail and retail-like uses generally prefer the streets be opened to vehicular traffic.
For these businesses, they feel restaurants have had a chance to use the streets, now more
balance is needed. These businesses also point out that through parklets these restaurants can
continue outdoor meal service. Retailers continue to report diminished sales and indicate the
street closure contributes to these decreased sale volumes. While there are fewer retailers in
the Cal Ave closure, retailers within and around the closure re port challenges they attribute to
the closure.
Palo Alto residents continue to support continuation of the street closures. The program
remains very popular. Since the June 22, 2021, City Council meeting, the City has received at
least 164 emails requesting that Council continue the closures.
Pricing the Street Closure Program
If Council extends the street closures, Council may also direct staff to develop a fee or charge
for the street closure program. This fee may seek to recover costs associated wit h the street
closure, including enhanced cleaning. In the event Council elects to open/close the streets
weekly, the fee could recover those associated costs.
Parklets
Staff have begun development of the permanent parklet program. At present, staff estim ate
being able to bring a permanent program to the City Council for adoption and implementation
by June 2022. The proposed timeline for the project is:
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• Learning from Other Cities – Ongoing through October 2021. Staff are interviewing
other cities, participating in parklet tours, and other collaborative programming to learn
from neighboring cities.
• Prepare Draft Parklet Guidelines, Ordinance, and Permit Costs – Winter 2021/2022
• Engaging Architectural Review Board (ARB)– Winter 2021/2022. Staff will solicit input
from the Architectural Review Board regarding the designs of permanent parklet and
the application of the architectural review process to parklet applications.
• ARB review and recommendation of Parklet Guidelines, Ordinance, and Lease Costs –
Winter/Spring 2022
• Council Review of Guidelines, Adoption of Ordinance, and Lease Rates – Spring/Summer
2022
• *Environmental review may also be necessary.
At this time, staff recommend extending the temporary parklet program to June 30, 2022. This
extension will allow the development of a robust and thoughtful permanent parklet program.
This will also allow sufficient time for outreach to current permit holders and future parklet
applicants. If Council provides direction to extend the temporary parklet program, staff will
return with a consent agenda item that updates the ordinance.
Parklet Fees
Managing the parklet program, including reviewing and issuing permits as well as inspections
and code enforcement, require staff time. Additionally, the parklet program al lows public space
to be used for private enterprise. Staff anticipate development of appropriate fees and charges
for the permanent parklet program. The Council may also consider directing staff to develop
appropriate fees and charges for the temporary parklet program; however, as this would
detract from the efforts to develop the permanent parklet program, staff is not recommending
fees for temporary parklets.
Streetscape Design
University Avenue
The University Avenue Streetscape Design project continues to take shape. Staff have drafted
and issued a Request for Proposal (RFP), seeking a consultant to provide design and engineering
services between Alma Street and Middlefield Road. The goal of the project is to adapt the
public realm to maximize pedestrian and bicycle use, and accentuate and enhance the retail
environment, while maintaining vital two-way vehicular access, parking opportunities, delivery
and loading zones, ride share spaces, and other amenities including performance space. The
priority is to create a more vibrant and inclusive space to support residents and local
businesses.
The proposed scope of work in the RFP for the initial phase of the project includes site analysis
and field survey work, preliminary environmental studies including a traffic study and arborist
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report, a design charrette and public meetings to develop a community preferred plan line, cost
estimates, and an assessment analysis to allocate the costs to businesses and property owners
who would benefit from the expanded sp ace. Proposals in response to the RFP are due at the
end of September 2021, and staff welcome any Council feedback on the RFP’s proposed scope
of services (Attachment C).
California Avenue
While the University Avenue projects get underway, staff are also planning next steps for
California Avenue. In response to Council’s June 22, 2021, direction to have Staff return with a
process recommendation to pursue pro-bono design expertise for California Avenue, staff
recommends focusing California Avenue energies on the design of the permanent parklet
program as well as other public and privately-owned street features. Working with the ARB,
local businesses, and community members, the City can create a unique permanent parklet
program that enhances the streetscape and pedestrian environment along California Avenue.
This discussion could also include consideration of minor streetscape improvements that take
into account the significant investment already made in the recent California Avenue
Streetscape project.
Stakeholder Outreach
In addition to the ground floor business survey mentioned above, staff have held meetings with
the California Avenue businesses, Downtown business community, and the general Palo Alto
public. These monthly meetings paused for the month of July and resumed in August. In
addition, as noted, members of the public and business community have written to City Council
to express their perspectives.
Resource Impact
Additional maintenance and trash removal resulting from the street closures costs
approximately $15,000 a month. These costs are for inspection and maintenance of traffic
control devices, and weekend litter and trash control. The costs do not include existing ongoing
maintenance such as street sweeping and steam cleaning.
To date, the City has waived all parklet and other encroachment fees under the Uplift Local
program; this waiver mostly impacted FY20-21 and some in FY19-20 as most parklets were
constructed in those fiscal years. Testimony suggests those waivers resulted in the ability for
businesses using outdoor areas to stay afloat. In that regard, the waiving of fees may have
supported the generation of tax revenues—a portion of which come to the City.
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Ongoing costs include continuing outreach meetings, ongoing maintenance costs, and staff
time devoted to developing the permanent parklet program and streetscape design work.
As noted above, should Council direct staff to open/close the streets Downtown, staff will
return with a budget adjustment for the associated costs. Likewise, should Council direct staff
to develop fees or charges for either street closures or temporary parklets, staff will return for
future Council action.
Environmental Review
Resuming vehicular traffic on University Avenue, California Avenue, and the adjacent streets is
categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section
15301 (existing facilities) and 15304 (temporary uses). Likewise, the development of fees or
charges as part of the Uplift Local program is categorically exempt from CEQA under Sections
15301 and 15304. Further, the extension of the temporary parklet program through extension
of the ordinance is also exempt from CEQA under Sections 15301 and 15304.
Attachments:
Attachment8.a: Attachment A: Resolution to Extend the Temporary Closures of Portions
of California Ave. and University Ave. and Certain Intersecting Streets (PDF)
Attachment8.b: Attachment B Ground Floor Business Survey (PDF)
Attachment8.c: Attachment C: University Avenue Streetscape Project Scope of Work
(PDF)
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Resolution No. ____
Resolution of the Council of the City of Palo Alto Amending and Restating
Resolution No. 9933 to Extend the Temporary Closures of Portions of California
Avenue and University Avenue and Certain Downtown Streets Intersecting
University 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.
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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.
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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. However, since the rollback of restrictions and initial decrease of COVID cases, the
number of COVID cases has increased. Since July 2021, the number of COVID Cases in the County
of Santa Clara has moved upward, from fewer than 30 cases per day to more than 300 cases per
day on many days in August 2021. As of September 1, 2021, the 7-day rolling average new cases
is 361 in the County. On August 2, 2021, the County issued a requirement to wear face coverings
indoors, regardless of vaccination status.
P. According to the federal Centers for Disease Control (CDC), the Delta variant of
COVID-19 is currently the dominant strain of virus in the United States as of August 2021. The
CDC finds that the Delta variant is more than 2x more contagious compared to previous variants,
and fully vaccinated people with the Delta variant breakthrough infections can spread the virus
to others.
Q. In the midst of this continued COVID-19 pandemic, the City of Palo Alto has
continued to take measured steps to allow businesses to resume activities in outdoor settings.
As a key part of those efforts, the Uplift Local Program (formerly known as the Summer Streets
Program) has created an attractive pedestrian environment on the closed streets resulting in
increased foot traffic. A number of restaurants have taken advantage of the program and created
outdoor seating in the streets, on sidewalks, and on parklets. Residents and visitors who have
come to University Avenue and California Avenue have expressed delight and reported having a
highly enjoyable experience.
R. The recent increase of COVID cases across the State and the high likelihood that
the pandemic will continue through the end of 2021 increases the chances that outdoor dining
remains a key tool to reduce the risk from the spread of COVID-19 while allowing restaurants to
continue some operations. Even if indoor dining is allowed, patrons may be unwilling to
participate, or the opportunity may be rescinded if indoor restrictions return.
S. The Council desires to extend the street closures through [DATE] to allow for the
continued use of the main thoroughfares in the heart of its commercial districts for outdoor
dining, and potentially other activities as may be allowed by the State and County Public Health
Orders.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:
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SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals
as findings of the Council.
SECTION 2. Extension of Temporary Street Closures. The Temporary Street Closures
approved and authorized in Section 2 (Temporary Street Closures) of Resolution No. 9909 and
extended by Resolutions 9911, 9933, and 9954 are hereby extended through [DATE]. Section 2
of Resolution No. 9909 is amended to read as follows:
Temporary Street Closures
A. The following streets are hereby closed to any and all vehicular traffic
through [DATE], 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; and
2. University Avenue from High Street to Cowper Street, with continued
vehicular access across University Avenue at each of the intersecting
streets.
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.
SECTION 3. Sunset of Resolution No. 9909. All sections of Resolution No. 9909 except
for Section 4 of that Resolution shall remain in effect until [DATE] unless rescinded or extended
by resolution or ordinance of the City Council. (Section 4 of Resolution 9909 has been superseded
by Resolution 9954).
SECTION 4. Supersedes Resolutions 9911, 9933, and 9954. This Resolution shall
supersede Resolutions No. 9911, 9933, and 9954. Should any conflict arise between this
Resolution and Resolutions No. 9911, 9933, and 9954, this Resolution shall control.
SECTION 5. The Council finds that this Resolution is statutorily exempt from
environmental review under the California Environmental Quality Act (CEQA) pursuant to Public
Resources Code Section 20180(b)(4) (specific actions necessary to mitigate or prevent an
emergency) and 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).
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SECTION 6. This Resolution shall become effective immediately upon adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Deputy City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Chief Transportation Official
_____________________________
Director of Planning and Development
Services
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1
This document provides information gathered from a survey of ground floor businesses .
Survey Requests by Area
Cal Ave 93
Downtown 194
Grand Total of Survey Requests 287
Survey Responses by Area
Cal Ave 10
Location Not Identifiable 15
Downtown 40
Grand total of survey responses 65
Table 1: Survey of Ground Floor Businesses Downtown and Cal Ave
Respondents by Area and Industry Type # of Respondents
Cal Ave 10
Inside road closure 5
Restaurant/Eating and Drinking Places 2
Retail (other than eating/drinking places) 2
Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting 1
Near street closures 5
Restaurant/Eating and Drinking Places 1
Retail (other than eating/drinking places) 1
Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting 3
Location Not Identifiable 15
Inside road closure 7
Office 1
Restaurant/Eating and Drinking Places 5
Retail (other than eating/drinking places) 5
Near street closures 8
Office 1
Restaurant/Eating and Drinking Places 2
Retail (other than eating/drinking places) 3
Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting 2
Downtown 40
Inside road closure 24
Restaurant/Eating and Drinking Places 13
Retail (other than eating/drinking places) 10
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Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting 1
Near street closures 16
Office 1
Restaurant/Eating and Drinking Places 6
Retail (other than eating/drinking places) 7
Service (e.g. Hotels, Health Services, Legal Services, Social Services,
Accounting 2
Grand Total 65
Table 2: What Best Describes Your Business?
Fully Operational 45
Limited Operating Hours (compared to COVID-19) 19
Temporarily Closed 1
Grand Total 65
Table 3: Business Status Since June 15, 2021?
Respondents by Area # of Respondents
Cal Ave 10
Back to pre-COVID-19 level of business 1
No change 2
Significant improvements 2
Slight improvement 3
Worse 2
Location Not Identifiable 15
Back to pre-COVID-19 level of business 2
No change 2
Significant improvements 3
Slight improvement 5
Worse 3
Downtown 40
Back to pre-COVID-19 level of business 4
No change 7
Significant improvements 7
Slight improvement 13
Worse 9
Grand Total 65
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Table 4: Average Number of Employees Employed During 2019, pre-COVID-19
Respondents by Area # of Respondents
1-10 employees 30
11-25 employees 13
26-50 employees 14
51-100 employees 2
101 and more employees 2
Unknown/Not Sure/No Response 4
Table 5: Average Number of Employees Employed During 2021
Respondents by Area # of Respondents
1-10 employees 37
11-25 employees 14
26-50 employees 11
51-100 employees 1
101 and more employees 1
Unknown/Not Sure/No Response 1
Table 6: Compared to CY 2019, What Happened in CY 2020
Respondents by Area # of Respondents
Cal Ave 10
Decreased 0% - 25% 1
Decreased 26% - 50% 4
Decreased 51% - 75% 1
Decreased 76% - 99% 2
Exceeded pre-COVID-19 revenue 1
Returned to pre-COVID-19 revenue 1
Location Not Identifiable 15
Decreased 0% - 25% 2
Decreased 26% - 50% 4
Decreased 51% - 75% 7
Exceeded pre-COVID-19 revenue 2
Downtown 40
Decreased 0% - 25% 5
Decreased 26% - 50% 15
Decreased 51% - 75% 11
Decreased 76% - 99% 6
Exceeded pre-COVID-19 revenue 3
Grand Total 65
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Table 7: Compare Q1 and Q2 of 2019 to Gross Revenues in Q1 and Q2 of 2021?
Respondents by Area # of Respondents
Cal Ave 10
Decreased 0% - 25% 1
Decreased 26% - 50% 5
Decreased 51% - 75% 1
Decreased 76% - 99% 1
Exceeded pre-COVID-19 revenue 1
Returned to pre-COVID-19 revenue 1
Location Not Identifiable 15
Decreased 0% - 25% 3
Decreased 26% - 50% 3
Decreased 51% - 75% 5
Exceeded pre-COVID-19 revenue 2
Returned to pre-COVID-19 revenue 2
Downtown 40
Decreased 0% - 25% 10
Decreased 26% - 50% 12
Decreased 51% - 75% 6
Decreased 76% - 99% 4
Exceeded pre-COVID-19 revenue 4
Returned to pre-COVID-19 revenue 4
Grand Total 65
Table 8: Are There any Seasonality Impacts to Business
Summer positive Impact 6
Summer negative impact 10
Holiday positive impact 11
Holiday negative impact 2
None 32
Covid-19 4
Grand Total 65
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Table 9: Has your Landlord Offered any Sort of Rent Relief?
Yes 27
(blank) 38
Total 65
No 30
(blank) 35
Total 65
Table 10: Have you Accumulated any Debt as a Result of COVID-19 Impacts?
Respondents by Area # of Respondents
Cal Ave
Paycheck Protection Program 4
EIDL 3
Shuttered Venue 1
Credit use 1
deferred rent 1
Family 1
SBA 1
Location Not Identifiable
Paycheck Protection Program 4
EIDL 5
Rent 1
Downtown
Paycheck Protection Program 17
EIDL 11
Shuttered Venue 1
Bills 1
Credit card 1
Na 1
No dept accumulated 1
None 4
Nothing 1
Used tens of thousands of my retirement savings 1
vendor debt 1
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Table 11: Have you Received COVID-19 Related Relief Funds?
Respondents by Area # of Respondents
Cal Ave
City of Palo Alto Business Relief Grant 3
California Small Business Covid-19 Relief Grant
Program 3
Chan Zuckerberg Initiative 1
$8000 only 1
EIDL 1
None 2
PPP 1
Location Not Identifiable
California Small Business Covid-19 Relief Grant
Program 6
Chan Zuckerberg Initiative 1
Restaurant Relief Funds 3
Downtown
City of Palo Alto Business Relief Grant 6
California Small Business Covid-19 Relief Grant
Program 11
Restaurant Relief Funds 6
Didn’t receive 1
EIDL 1
Federal PPP 1
N/A 1
Na 1
No 1
Non 1
None 3
None 3
None of the above 1
PPP loan forgiven 1
SBA & PPP 1
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Table 12: Top Three Most Difficult Challenges in Operating your Business Today?
Respondents by Area # of Respondents
Cal Ave
Difficulty retaining or rehiring employees, or hiring new employees 7
Lack of money or time for marketing and promotion of business 5
Paying deferred or increased rent 3
Cost or availability of supplies needed to run the business 3
Difficulty adapting to or understanding changes in County and State health
orders 3
Cost or availability of products sold by the business 2
Ability to offer new services 1
Hair and service industries are still adapting to the shifts in customer needs
as well as the professionals/workers needs. 1
Lack of access to my business with both street closure and blocked
sidewalks 1
STREET CLOSURE 1
Location Not Identifiable
Difficulty retaining or rehiring employees, or hiring new employees 11
Lack of money or time for marketing and promotion of business 8
Paying deferred or increased rent 7
Cost or availability of supplies needed to run the business 6
Difficulty adapting to or understanding changes in County and State health
orders 5
Cost or availability of products sold by the business 4
Ability to offer new services 1
Changes is protocols or procedures 1
Difficulty getting extra outdoor space from the City 1
less customers 1
The street closures are keeping my customers away from my business. 1
Downtown
Difficulty retaining or rehiring employees, or hiring new employees 26
Cost or availability of supplies needed to run the business 17
Lack of money or time for marketing and promotion of business 12
Cost or availability of products sold by the business 11
Paying deferred or increased rent 10
Difficulty adapting to or understanding changes in County and State health
orders 8
Ability to offer new services 2
City services too expensive. Street closures killed us. 1
fear of indoor dining has kept customers away. we need outdoor dining. a
lot of it 1
Low traffic 1
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None 1
Other businesses near us have left, street looks gross, empty and
uninviting 1
running the business safely to protect staff and customers from a deadly
virus 1
Street closer the most 1
Street closure 1
Street closure , stopped walk -ins 1
Table 13: Top 3 Things the City Can do to Help
Respondents by Area # of Respondents
Cal Ave
Access to capital (i.e. grants, loans, tax credits) 6
Finding employees 5
Assistance with marketing and promotions 3
Creating and improving websites and online sales 2
Assistance with city, county, state, and federal regulatory permitting
(building, planning, public works) for making modifications to business
space 2
Nearby parking to business 2
Reopen streets 2
Continue Uplift Local Streets program (maintain street closures) 2
Use of social media 1
Continue eviction protection assistance 1
Online resources and tools that can help improve sales 1
Location Not Identifiable
Access to capital (i.e. grants, loans, tax credits) 6
Finding employees 6
Nearby parking to business 6
Continue Uplift Local Streets program (maintain street closures) 6
Assistance with marketing and promotions 5
Assistance with city, county, state, and federal regulatory permitting
(building, planning, public works) for making modifications to business
space 4
Reopen streets 4
Continue eviction protection assistance 3
Creating and improving websites and online sales 2
Use of social media 2
Online resources and tools that can help improve sales 2
Technical assistance with merchandising, store layouts, menu options, etc. 1
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Find solutions to the homeless problem downtown. It is deterrent to
customers when they see so many homeless people on the streets. 1
Keep streets closed to traffic and close more streets 1
Downtown
Finding employees 24
Continue Uplift Local Streets program (maintain street closures) 18
Access to capital (i.e. grants, loans, tax credits) 13
Reopen streets 13
Use of social media 9
Nearby parking to business 9
Assistance with marketing and promotions 8
Assistance with city, county, state, and federal regulatory permitting
(building, planning, public works) for making modifications to business
space 8
Creating and improving websites and online sales 4
Technical assistance with merchandising, store layouts, menu options, etc. 1
Continue eviction protection assistance 1
Online resources and tools that can help improve sales 1
ADA compliance law suit assistant 1
Make the parklet program permanent 1
None 1
Pre Covid many contractors stop working in Palo Alto because of our
building department. I have to say its the most difficult of any City I work
in. In Covid they need to be helpful and change going forward. Palo Alto is
no longer a hot market. It's was dying pre covid. We have a very long road
back. We need to be pro business. 1
Re open the streets!!!!!! 1
We need more security and cleanliness in the streets. 1
we need the outdoor dining space that clients are looking for 1
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University Avenue Streetscape Project
Design Services Scope of Work
CIP Project PE‐21004
1. GENERAL INFORMATION
The Public Works Department is seeking a Consultant to provide design and engineering services for the
University Avenue Streetscape Project between Alma Street and Middlefield Road. The goal of the
project is to adapt the public realm to maximize pedestrian and bicycle use while accentuating and
enhancing the retail environment while maintaining vital two‐way vehicular access, parking
opportunities, delivery and loading zones, ride share spaces, etc.
2. DESCRIPTION OF PROJECT
University Avenue is a two‐lane street and provides access from Highway 101 through the downtown
area and continues to Stanford University. University Avenue’s Average Daily Traffic (ADT) was
approximately 12,000 vehicles per day in accordance with 2016 traffic count data. The City of Palo Alto
seeks to make investments to University Avenue by repurposing streets, sidewalks, curbs and parking
areas to facilitate people‐centric activities and community programming. Prioritizing safe space for
pedestrians and bicyclists by implementing improvements such as “shared streets,” widened sidewalks,
bicycle parking, creating spaces for outdoor dining, retail, community gathering and entertainment. The
priority is to create a more vibrant and inclusive space to support residents and local businesses.
Potential improvements should include but are not limited to:
Enhance the overall appearance and activation of the street and adjacent non‐vehicular
spaces with physical enhancements such as, but not limited to widened sidewalks, street
trees and landscaping, public art, tables and chairs for outside dining, streetlight and
ambient lighting improvements, benches, kiosk, signage and bicycle racks;
Continue to provide two‐way vehicular access while including options, such as removable or
retractable bollards, to facilitate safe and convenient temporary closures to motor vehicles;
Propose locations or opportunities for permanent performance areas
The City of Palo Alto plans to award Phase 1 now and other phases through a future contract
amendment. Please submit a detailed proposal and cost for all phases now.
3. DETAILED SCOPE OF WORK
The Project scope of work shall consist of the following tasks:
PHASE 1
TASK A Site Analysis and Field Survey
1. The Consultant shall attend a kick‐off meeting with City staff to review the project scope and
general field conditions.
2. The Consultant shall review and analyze the existing data augmented by discussion with City
staff including review of City‐provided information.
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3. Consultant shall be responsible for field verifying and supplementing the existing base map
provided by the City of Palo Alto. The base map shall contain the following: curb and gutter, flow
lines, sidewalks, edge of pavements, edge of sidewalks, edge of pavement way (gutter line),
drainage structures, street lights, signage, roadway delineation, traffic signal standards, building
outlines, trees and visible utility boxes and valves within the roadway and sidewalk area in order
to prepare improvements along University Avenue and approximately 100 feet down each
cross‐street.
4. The Consultant shall provide a site investigation including observation and research, identifying
all utilities, easements, right‐of‐way and signal and striping geometry, lighting and soil and tree
conditions.
5. The Consultant shall develop site plans and cross sections showing existing and new grades,
topography, location of trees, utilities, lights and structures including intersections, side streets
(up to 100 feet), invert elevations and direction of flow to storm drain in the project area.
6. Plans shall be in AutoCAD 2019 format. Consultant shall provide five (5) hard copy sets of the
field survey (1 Draft Set/1 Final set upon City approval of Survey) – 24” x 36” sheets of
consecutive plan view of roadway including sidewalks and building outlines and all intersections
of University Avenue from Alma Street to Middlefield Road at a scale of 1” = 20’.
7. Consultant survey and base mapping for the work described above will service as the Project
Topographic Base Map. Survey Control will be provided to the design team in both the hard
copy and electronic version. Consultant will distribute project base mapping to all design team
members and make accessible readily upon each design stage. This topographic map will be the
uniform “x‐reference” for all design work. Topographic base mapping will be updated for all
subconsultants at the beginning of each design phase.
8. Consultant shall provide a technical report summarizing findings.
TASK B Preliminary Environmental Studies
1. In order to guide the development of the concept plan line options and understand their
impacts, the consultant shall conduct preliminary environmental studies including:
a. Traffic study ‐ Consultant shall determine the scope of the traffic study needed to
address the traffic circulation and associated impacts. At minimum, Consultant shall be
responsible for collecting 7‐day tube count data for University Avenue, Hamilton
Avenue, and Lytton Avenue and other cross streets.
b. Arborist Report ‐ Consultant shall prepare an arborist report per the City’s Tree
Technical Manual for trees in the public‐right‐of‐way along the corridor.
TASK C Plan Line Development and Public Meetings
Immediately upon survey of the project area and collection of traffic data, the Consultant shall begin
development of Plan Line Alternatives and begin an extensive public outreach process to develop a
Preferred Community Plan Line Alternative that will serve as the basis for development of Plans,
Specifications and Cost Estimates (PS&E) for the project. The Consultant shall hold a design charrette to
kick‐off the plan line development process with the community and business. The ideas generated from
the meeting shall be used to develop three plan line alternatives.
The City anticipates the following community outreach meeting schedule for the development of the
Preferred Community Plan Line:
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General Community Outreach Meeting (2 total)
University Avenue Business Improvement District (2 total)
Study Session with Planning & Transportation Commission (PTC)
Study Session with Palo Alto Pedestrian and Bicycle Advisory Commission
Formal Session with Planning & Transportation Commission
Formal Session with City Council
1. Consultant shall prepare all outreach, notices and meeting and presentation materials for
stakeholder, community and public meetings. Each meeting should be scheduled for four hours
including travel time.
2. Deliverables:
a. Community Preferred Plan Line Alignment
TASK D Assessment Analysis
1. Prepare cost estimates for capital investment and future maintenance.
2. Prepare assessment analysis to allocate these costs for businesses/property owners that benefit
from this expanded space.
a. Develop model(s) to allocate space rental cost ($/SF) for businesses directly using the
space and capital costs to property owners in the business district.
3. Present and discuss allocations with business and property owners prior to PTC and Council
review.
PHASE 2
TASK E Preliminary Design
Upon approval of the Community Preferred Plan Line Alinement, the Consultant shall begin
development of Preliminary Design to engage the community on the identification of Streetscape
Treatments along University Avenue including development of the Community‐Preferred Landscape and
Streetscape Furniture Palettes.
1. The conceptual and preliminary desk task includes selecting the locations of the widened
sidewalks, new crosswalks, signs, street lighting and traffic signal standards, intersection
improvements, retractable bollards, parking locations and curb bulb‐outs. Prepare presentation
boards for public members. Consultant to provide section and elevation concept plans.
2. Consultant shall provide innovative storm drain study for water conservation and irrigation
design. Identify opportunities to provide green infrastructure through the project area.
3. Consultant shall provide value engineering report.
4. Prepare all noticing, presentation materials, plan sets copies, meeting summaries for public
meetings to present preliminary design proposals, and act as facilitator of the meetings.
4. Meet and confer with City staff to respond to and address City, stakeholder and community
comments.
5. Present the plans to the stakeholder, community, Public Art Commission, Architectural Review
Board and to the Planning and Transportation Commission and address comments. Each
meeting should be scheduled for four hours including travel time.
6. Collect comments received during Conceptual and Preliminary Designs to include in project
specifications.
7. Refine cost estimates based on value engineering.
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Public Art Programming & Coordination
Provide consultation and technical input on the solicitation of offers for public art, the selection of
qualified artists and selection of public art proposals.
Coordination with Arts Commission during the early design stages
Work with City, users and design team in the selection of art sites available within the project
area
Task F – Environmental Assessment
1. Building on the preliminary studies done in Phase 1, the Consultant shall prepare an Initial Study
and Environmental Assessment. Depending upon the preferred concept plan line selected, a
Mitigated Negative Declaration may be required.
2. Consultant shall provide all documentation for CEQA certification.
PHASE 3
TASK G Final Design and Cost Estimates
1. The final design includes plans and specifications for the removal of existing asphalt, adjustment
of utilities, installation of new sidewalks, crosswalks, signs, street lighting (including safety,
pedestrian and decorative lighting), signal modifications and video detection, curb bulb‐outs,
widened sidewalks, landscaping, irrigation and roadway resurfacing. After the City approves the
design, the Consultant shall prepare and submit draft design documents including 30%, 60% and
95% plans, specifications and cost estimate for review and comment by City staff. Eight (8) full
size sets and two (2) half size sets of each submittal shall include the following documents:
a. Title sheet and Site Plan
b. Site Improvements Plan
c. Lighting plan
d. Drainage plans
e. Striping and signage plans
f. Signal modification plans
g. Utility relocation and protection
h. Irrigation Plans
i. Landscape plans
j. Green infrastructure plans
k. Storm Water Pollution Prevention Plan
l. Construction phasing, construction details and typical cross sections
m. Construction logistics plan
n. Technical specifications that incorporates the City’s General Conditions
o. Project cost estimates
p. Construction management plan
2. Meet and confer with City staff to respond to and address City and Community comments.
TASK H Construction Documents (100%) and Bid Support
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1. Consultant shall develop all construction plans, details, specifications and a construction cost
estimate based on completion of Task E including incorporation of all review comments and
value engineering decisions.
2. Consultant shall provide one signed set of 100% bid documents (in PDF, AutoCAD and MS Word
formats) including technical specifications, details, plans and estimates for review and
comments by City staff. Project specifications shall be in CSI format. Consultant shall incorporate
staff comments and changes to the bid documents, including but not limited to selection of bid
items and add alternates.
3. Consultant shall assist staff in bid document preparation, answering questions and providing
addendum specification and plan changes as necessary during the bidding process. Consultant
shall provide PDF files for the plans, and PDF and MS Word files for the specification that
includes incorporating addendum changes for the City’s distribution.
PHASE 4
TASK I Construction Administration Services
1. Consultant shall attend one preconstruction meeting to be conducted by the City.
2. As requested by the City, Consultant shall review and respond to Contractor submittals and
requests for substitution, and Contractor’s request for information and clarification.
3. Consultant shall attend one final inspection, and review and comment on the punchlist.
4. After completion and acceptance of the construction project, the Consultant shall prepare As‐
Built record drawings including one copy of the AutoCAD format called a Metadata file that
includes the date, company name, contract information and technician who prepared them. The
technical project specifications shall be in current version of MS Word document files.
Proposed Project Timeline:
Phase 1: Complete Conceptual Public Outreach, Conceptual Design,
Preliminary Environmental Studies & Assessment Analysis September 2022
Phase 2: Complete Preliminary Design, Environmental Assessment,
Value Engineering & Cost Estimates September 2023
Phase 3: Complete Final Design, Construction Documents & Bid Support September 2025
Phase 4: Construction Administration January 2026
4. ADDITIONAL SERVICES: SUBJECT TO ADDITIONAL COMPENSATION
Additional services may be required. Services are subject to project manager approval (prior to starting
on work). Examples of services are as follows:
Additional meetings with ARB, Council and the public and associated materials
Additional plan drawings and revisions
5. INFORMATION and SERVICES PROVIDED BY The City of Palo Alto
The City will provide the following during the design phase:
Base Map from GIS for use in identifying City‐Owned Utility Information;
Survey and as‐built information from the 2018 Upgrade Downtown Project (University Avenue
from High Street to Webster Street)
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AutoCAD title block
City Standard construction details and technical specifications for irrigation work, asphalt,
concrete, sidewalk, curb and gutter, tree planting, landscaping and median details in AutoCAD
City staff shall assist in obtaining design review documents from City staff for various
Departments
The City will provide the following during the Bid and Construction phases:
City shall advertise, provide bidders list, assist in obtaining bid document review comments and
reproduce copies of the bid and construction documents to contractors
City shall provide general and supplementary conditions and City’s boilerplate specifications
(work hours, duration, truck routes, etc.).
Consultant is responsible for reviewing and verifying all supplied information.
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