“CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:
A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Two Hundred Eighty Five Thousand and Thirty Five Dollars ($161,439.70).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.”
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 “A” entitled “SCOPE OF SERVICES”, AMENDED, REPLACES PREVIOUS.
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES PREVIOUS.
c. 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.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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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 GOVERNMENTJOBS.COM dba.,
NEOGOV
Purchasing Manager
APPROVED AS TO FORM:
City Attorney or designee
By:
Name:
Title:
By:
Name:
Title:
John Closs
Controller
Stephen Koo
Stephen Koo, CFO
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES (AMENDED, REPLACES PREVIOUS) EXHIBIT “B”: SCHEDULE OF PERFORMANCE (AMENDED, REPLACES PREVIOUS) EXHIBIT “C”: COMPENSATION (AMENDED, REPLACES PREVIOUS)
Cassie Coleman
Christine Paras
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EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR shall provide to CITY the following Software as Service (SAAS) subscriptions with the functionality and services described, during the time periods specified:
Services to Be Provided During the Period Covering 04/09/2017 – 04/08/2020
1. Insight Enterprise (IN)
License Subscription to NEOGOV IN
The CITY’s subscription to the Insight platform includes the following functionality:
Recruitment
● Online job application
● Online job announcements and descriptions
● Automatic online job interest cards
● Recruitment and examination planning
Selection
● Configurable supplemental questions
● Define unique scoring plans
● Test analysis and pass-point setting
● Score, rank, and refer applicants
Applicant Tracking
● Email and hardcopy notifications
● EEO Data collection and reports
● Track applicants by step/hurdle
● Schedule written, oral, and other exams
● Candidate Self-Service Portal for scheduling and application status Reporting and Analysis
● 90 standard system reports
● Ad Hoc reporting tool
HR Automation
● Create and route job requisitions for approval
● Certification/eligiblelists
2 NEOGOV Onboarding (ON)
License Subscription to NEOGOV ON
● Electronic Employee File
● W4
● I9
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● Configurable Workflow
● Task Manager
● Employee data upload
● Attachments
● Build your own Onboarding forms*
*NEOGOV ON includes I9 and W4 standard forms that are updated by CONTRACTOR.
Additional forms or form maintenance is available by NEOGOV Professional Services at the following cost:
• Background forms $295 per form
• Dynamic Forms $195 per form
• Updates to existing forms $200 an hour
3. GovernmentJobs.com Job Posting Subscription
(GJC) License Subscription
● Enables organizations to advertise their job postings created in Insight on the GovernmentJobs.com website.
● May add an unlimited number of postings
4. NEOGOV Integrations
CONTRACTOR provides Standard Integrations as well as platform APIs for 3rd party system integration(s).
Standard Integrations include:
i. Conduct project scope, review integration plan, discuss timeline, and set schedule for required meetings
ii. Annual Maintenance by CONTRACTOR
Note: CONTRACTOR APIs are to be configured directly by CITY staff using CONTRACTOR documentation.
5. Customer Support and Product Upgrades
The following are included with the subscription services:
• Unlimited Customer Support M-F, 6:00AM – 6:00 PM PT
• Product upgrades to licensed software
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Services to Be Provided During the Period Covering 4/9/2020 – 4/8/2022(except as performance dates are otherwise specified in Exhibit B)
CONSULTANT shall provide the Services detailed below during the period covering 4/9/2020 – 4/8/2022, except as performance dates are otherwise specified in Exhibit B (Schedule of Performance).
CONTRACTOR shall provide to CITY the following Software as Service (SAAS) subscriptions with the functionality and services described:
1. Insight Enterprise (IN)
License Subscription to NEOGOV IN
The CITY’s subscription to the Insight platform includes the following functionality:
Recruitment
● Online job application
● Online job announcements and descriptions
● Automatic online job interest cards
● Recruitment and examination planning Selection
● Configurable supplemental questions
● Define unique scoring plans
● Test analysis and pass-point setting
● Score, rank, and refer applicants
Applicant Tracking
● Email and hardcopy notifications
● EEO Data collection and reports
● Track applicants by step/hurdle
● Schedule written, oral, and other exams
● Candidate Self-Service Portal for scheduling and application status Reporting and Analysis
● 90 standard system reports
● Ad Hoc reporting tool HR Automation
● Create and route job requisitions for approval
● Certification/eligiblelists
2. NEOGOV Onboarding (ON)
License Subscription to NEOGOV ON
● Electronic Employee File
● W4
● I9
● Configurable Workflow
● Task Manager
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● Employee data upload
● Attachments
● Build your own Onboarding forms*
*NEOGOV ON includes I9 and W4 standard forms that are updated by CONTRACTOR.
Additional forms or form maintenance is available by NEOGOV Professional Services at the following cost:
• Background forms $295 per form
• Dynamic Forms $195 per form
• Updates to existing forms $200 an hour
3. GovernmentJobs.com Job Posting Subscription
(GJC) License Subscription
a. Enables organizations to advertise their job postings created in Insight on the GovernmentJobs.com website.
b. May add an unlimited number of postings
4. NEOGOV Integrations
CONTRACTOR provides Standard Integrations as well as platform APIs for 3rd party system integration(s).
Standard Integrations include:
iii. Conduct project scope, review integration plan, discuss timeline, and set schedule for required meetings
iv. Annual Maintenance by CONTRACTOR
Note: CONTRACTOR APIs are to be configured directly by CITY staff using CONTRACTOR documentation.
5. Customer Support and Product Upgrades
The following are included with the subscription services:
• Unlimited Customer Support M-F, 6:00AM – 6:00 PM PT
• Product upgrades to licensed software
6. Background Check
Allows agencies to initiate background checks directly from Insight or OHC. Choose from a wide and ever-growing selection of background check vendors to find one that suits the needs of your agency. Control who has access to view or initiate background checks via security role customization in OHC and track the status of the background check from the referred list.
7. Candidate Text Messaging
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Select Your Candidates:
If subscribed, candidate will have a mobile icon next to their name. Select the subscribed candidates and click “Text Message Notify”.
Select a Template:
Send personalized, relevant texts to applicants. Create custom message templates with easy- to- use merge fields for hiring managers to choose from.
Generate Text Messages:
Texts can be sent at any step in the evaluation process, in bulk or individually.
Ensure Delivery:
Once you have sent your message, view the status to see if candidates have received the text.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONTRACTOR shall provide the Services detailed in Exhibit A during the periods specified as follows:
Services to Be Provided During the Period Covering:
Onboard Software License 04/09/2017 – 04/08/2020
API License 04/09/2017 – 04/08/2020
Insight Enterprise Software License 04/09/2017 – 04/08/2020 Governmentjobs.com Subscription 04/09/2017 – 04/08/2020
Services to Be Provided During the Period Covering:
Onboard Software License 04/09/2020 – 04/08/2022
API License 04/09/2020 – 04/08/2022
Insight Enterprise Software License 04/09/2020 – 04/08/2022 Governmentjobs.com Subscription 04/09/2020 – 04/08/2022 Background Check 12/13/2019 – 04/08/2022
Candidate Text Messaging 01/09/2020 – 04/08/2022
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EXHIBIT C
COMPENSATION
CITY shall compensate CONTRACTOR for performance of the Services according to the following schedules for the applicable time period, with the maximum amount of compensation not to exceed the amount stated in Sections 5 of this Agreement. Any Services provided for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
Schedule of Fees for the Period Covering: 04/09/2017 – 04/08/2020
ITEM 3-Year Total License Cost
Insight Enterprise $38,755.26
Onboard Software License $42,300.00
API License $1,410.00
Governmentjobs.com
Subscription $5,499.00
Total $87,964.26 (Paid in full)
Schedule of Fees for the Period Covering: 4/9/2020 – 4/8/2022
ITEM 4/9/20 -
4/8/21
4/9/21 -
4/8/22
Insight $14,430.15 $15,151.66
Onboard $15,750.00 $16,537.50
Onboard API $500.00 $500.00
Governmentjobs.com $2,047.50 $2,149.88
Background Check $2,000.00 $2,000.00
Candidate Text Messaging $1,175.00 $1,233.75 Total
Total
$35,902.65
$37,572.79
$73,475.44
Total not-to-exceed amount of the Agreement:
For the Period Covering: 04/09/2017 – 04/08/2020: $ 87,964.26 (Paid in full) For the Period Covering: 4/9/2020 – 4/8/2022: $ 73,475.44 Total not-to-exceed: $161,439.70
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Certificate Of Completion
Envelope Id: 1E414B840CDF45FB979F7D9E02E9503F Status: Completed Subject: Please DocuSign: Amend #1 S17167826 GovernmentJobs - final_draft F.Lee 6.1.2020_CAO.pdf Source Envelope:
Document Pages: 10 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Terry Loo
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 199.33.32.254
Record Tracking
Status: Original
6/1/2020 11:31:41 AM
Holder: Terry Loo
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
John Closs
[email protected]
Controller
Governmentjobs.com, Inc DBA NEOGOV
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.94.198.117
Sent: 6/1/2020 11:38:09 AM
Viewed: 6/1/2020 2:47:09 PM
Signed: 6/2/2020 8:15:51 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Stephen Koo
[email protected]
Stephen Koo, CFO
Governmentjobs.com Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 45.49.236.120
Sent: 6/2/2020 8:15:53 AM
Viewed: 6/2/2020 8:18:42 AM
Signed: 6/2/2020 8:19:30 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherrie Wong
[email protected]
Sr. Management Analyst
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 6/2/2020 8:19:32 AM
Carbon Copy Events Status Timestamp
Certified Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Editor Delivery Events Status Timestamp
In Person Signer Events Signature Timestamp
Signer Events Signature Timestamp
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Frank Lee
[email protected]
Senior Management Analyst
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Shane Evangelist
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kimberly Goerlitz
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 6/2/2020 8:19:33 AM
Sent: 6/2/2020 8:19:34 AM
Sent: 6/2/2020 8:19:35 AM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent
Certified Delivered
Signing Complete
Completed
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
6/2/2020 8:19:35 AM
6/2/2020 8:19:35 AM
6/2/2020 8:19:35 AM
6/2/2020 8:19:35 AM
Payment Events Status Timestamps
Carbon Copy Events Status Timestamp
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City of Palo Alto (ID # 14715)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 10/24/2022
City of Palo Alto Page 1
Summary Title: Permanent Local Housing Allocation (PLHA) Application Title: Adoption of a Resolution Authorizing a City Application for the State Permanent Local Housing Allocation (PLHA) Funds and Authorization of City Manager or Designee to Manage the Al location
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that City Council take the following actions in support of the City applying for State of California Department of Housing and Community Devel opment (HCD) Permanent Local Housing Allocation (PLHA) Entitlement funding:
1. Adopt the Resolution (Attachment A) authorizing submittal of the PLHA application and PHLA funding plan therein and making associated commitments; and,
2. Authorize the City Manag er or designee from the Planning and Development Services Department to manage the PLHA funding, including submission of the PLHA application, execution of the PLHA Standard Agreement with HCD, and filing the required requests for funds and PLHA annual reports to HCD.
Executive Summary
The Permanent Local Housing Allocation (PLHA) is a new State funding source administered by the State of California Department of Housing and Community Development Department (HCD). Like the Federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program, Palo Alto and other California jurisdictions are entitled to an annual allocation of funds coming from the Building Homes and Jobs Trust Fund (Fund) . The Fund is established under the Building H omes and Job Act of 2017 Senate Bill 2 (SB 2) and started generating revenues in 2019 . The Fund provides a permanent, ongoing annual source of local 5 Packet Pg. 130
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government funding for housing -related projects and programs that address unmet housing needs.
This repor t summarizes the PLHA application. The PLHA application contains a PLHA funding plan that proposes the use of funds for eligible activities for five PLHA allocation years (Attachment A). PLHA funding amounts are already known for the 2019 through 2021 reve nue collection calendar years. The PLHA application also includes the proposed use of funds for current and future calendar years 2022 and 2023, respectively.
PLHA allocations to Palo Alto are anticipated to total $1,388,976 for the PLHA calendar years 2019 through 2023. Staff proposes to focus PLHA funds toward the following City priorities:
• Assistance to persons experiencing or at risk of homelessness, including:
o Outreach and services to those experiencing homelessness, o Operating expenses for the forthcoming Homekey shelter, and • Affordable housing rental unit preservation, new construction, and operating subsidies.
The PLHA funds would result in more financial assistance to current and future City housing priorities. To submit for Palo Alto’s PLHA funding allocations, staff needs authorization from the City Council.
Background
HCD issued a PLHA Notice of Funding Availability (NOFA) 1 on August 17, 2022.2 This 2022 PLHA NOFA is funded from revenues collected in to the Building Homes and Jobs Trust Fund (Fund) during the calendar year 2021, as well as the remaining unawarded funds collected for calendar years 2019 and 2020. The Fund is provided pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). The Fund provides a permanent, ongoing annual source of local government funding for hous ing-related projects and programs that address unmet housing needs. The revenue source is a $75 recording fee on real estate documents . The revenues collected each year fluctuate because they are based upon the variable number of real estate transactions recorded in each county from year to year.
PLHA Application Requirements
1 2022 Permanent Local Housing Allocation Program Entitlement and Non -Entitlement Local Government Formula Component – Notice of Funding Availability: https://www.hcd.ca.gov/sites/default/files/2022-08/2022-PLHA- Formula-Component-NOFA.pdf; 10/07/22 HCD announcement clarifying the amended application window of between August 27 and November 30, 2022.
2 Entitlement City means a city designated by the Department of Housing and Urban Development to receive an amount of funds which the city is entitled to receive under the Entitlement Grant Program, as determined by formula set forth in Section 106 of the Housing and Community Development Act of 1974. 5 Packet Pg. 131
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The 2022 PLHA NOFA application window is between August 27 and November 30, 2022. While jurisdictions can apply for PLHA allocations for prior years, this is the last year for which the City can apply for its 2019 PLHA allocation.
Palo Alto must meet the PLHA application threshold requirements at the time of application submittal. Key requirements include:
1. Housing Element Compliance: Palo Al to must have a n adopted Housing Element that HCD has found to be in compliance with state Housing Element law.
2. Housing Element Annual Progress Report Submittal: Palo Alto must have submitted its required Annual Progress Report for the relevant calendar year.
Palo Alto currently complies with both application threshold requirements.
The PLHA application must also include a PLHA funding plan that describes how PLHA funds will be used for eligible activities, a description for how this will increase the su pply of housing for households with incomes at or below 60 percent of the Area Median Income (AMI), a description of how this is consistent with the Housing Element, and additional information is included in Attachment A.
PLHA Eligible Activities
PLHA en titlement funds can be used to fund various activities that address a community’s unmet housing needs, as outlined in the 2019 PLHA Final Guidelines3 Section 301(a). The PLHA application proposes use of Palo Alto’s entitled PLHA funding under the following activity categories:
• PLHA Section 301(a) Activity 1: The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, rental housing that is Affordable to Extremely low -, Very low -, Low -, or Moderate -income households, including necessary Operating subsidies.
• PLHA Section 301(a) Activity 6: Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case ma nagement services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
PLHA Funding Amounts and Expenditure Deadlines
3 2019 Permanent Local Housing Allocation Final Guidelines: https://www.hcd.ca.gov/grants-funding/active- funding/docs/PLHA-Final-Guidelines-11-19.pdf
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The PLHA application contains a PLHA funding plan for five PLHA allocation years (Attachment A) based on the PLHA funding amounts for Palo Alto for the 2019 through 2021 revenue collection calendar years and the proposed use of funds for current and future calendar years 2022 and 2023 . The amounts for 2022 CY and 2023 CY will remain unknown until the close of each year. HCD’s estimated five-year PLHA funding for Palo Alto is $1,388,976 and summarized below.
PLHA Revenue Collection
Calendar Year (CY)
Palo Alto PLHA Entitlement
Amount of Funding
2019 CY $231,496
2020 CY $359,817
2021 CY $395,967
2022 CY TBD by HCD at the close of Calendar Year 2022
2023 CY TBD by HCD at the close of Calendar Year 2023
HCD Estimate of 5-Year Funding Amount Total
(Maximum PLHA Funding Amount)
$1,388,976
PLHA establishes funding expenditure deadlines for each year of revenues collected. As examples, PLHA funding for 2019 CY must be spent by April 30, 2024 , and 2023 CY, the last year in the PLHA application (Attachment A), must be spent by April 30, 2028.
Discussion
The PLHA application is organized to account for when the City would need funding for eligible activities, when sufficient loan documents and other documentation would be produced in time for staff to submit requests for funds, and for spending to meet year-over-year PLHA funding expenditure deadlines.
PLHA Proposed Activities
As outlined in the PLHA application (Attachment A) , s taff proposes to focus HCD’s estimated $1,388,976 PLHA funds toward the following City priorities:
• Assistance to persons experiencing or at risk of homelessness (PLHA Section 301(a) Activity 6), including:
o Outreach and services to those experiencing homelessness, o Operating expenses for the forthcoming Homekey shelter, and • Affordable housing rental unit preservation, new construction, and operating subsidies (PLHA Section 301(a) Activity 1).
Staff identified these activities because they are City priorities and because they represent activities that ne ed ongoing funding such that the City could successfully meet the 2019 PLHA Final Guidelines Section 300(e) contains funding expenditure requirements. 5 Packet Pg. 133
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Assistance for People Experiencing or At Risk of Homelessness Staff recommends providing the majority of the PLHA funding to people experiencing or at risk of homelessness. Directing PLHA funds to homeless outreach services , as well as operational expenses for Palo Alto Homekey serves to leverage this state funding source for this City priority. Outreach services are a key component to the success of Palo Alto Homekey and the City’s strategies for serving Palo Altans experiencing homelessness . The services would include outreach, case management, service coordination, shelter access, and housing navigation services. For persons experiencing homelessness, establishing trust (i.e., through an outreach worker) can be an important first step in their path toward accepting services and assistance.
Additionally, the PHLA funding could benefit Palo Alto Homekey as p art of the City’s contributions towards the Palo Alto Homekey operations to support the interim housing shelter’s rich array of case management, health, job, and housing services.
Affordable Housing Preservation, Operating Subsidies, and New Construction Staff also prioritized the preservation of existing affordable housing rental units, operating subsidies for existing affordable housing , as well as the construction of new affordable housing units. The affordability target for use of PLHA funding is fo r providing affordable housing units to people with income levels that are at 60% of AMI or less.
While the amount of PLHA funding available is small relative to overall preservation , operation, and new construction costs, it is prudent to include these PLHA-eligible activities within the PLHA application . I nclusion underscores the importance of preservation , operation, and new construction of affordable housing units in the City. Inclusion also allows the PLHA application to be more robust, as the funding could easily be spent in these categories throughout the year.
An example of how PLHA funds would be helpful for new construction of affordable housing is Mitchell Park Place, a 50-unit affordable housing project located at 525 E ast Charleston Road sponsored by Eden Housing. Twenty-five of the rental units will be for persons with disabilities.
The City has already committed funds for the project. However, due to rising development costs, additional funds are needed. The PLHA funds could be a potential source of additional funding for a project already known to meet PLHA eligibility.
PLHA Administration, Reporting, and Accounting
The 2019 PLHA Final Guidelines,4 2022 PLHA NOFA, 5 and the HCD PLHA website 6 outline PLHA administration procedures, such as expenditure requirements, annual reporting responsibilities,
4 2019 Permanent Local Housing Allocation Final Guidelines: https://www.hcd.ca.gov/grants-funding/active- funding/docs/PLHA-Final-Guidelines-11-19.pdf
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and accounting requirements. City Departments reviewed these administrative procedures and determined that the City can comply. For example, staff would place PLHA funds in a new, separate City PLHA fund. The PLHA fund would have sub-funds reflecting the activity categories in the five-year PLHA application. When funds are received over time, they would go into each sub-fund so that transfers in and out can be easily tracked and reported to HCD each year.
While it is possible that HCD could request the repayment of funds or offset with a future years’ funds if the City did not comply with the aforementioned administrative procedures or the terms and conditions of the HCD Standard Agreement, staff has determined that this is extremely unlikely; the PLHA application has clearly identified eligible activities for which to expend PLHA funds in a timely manner and City Departments have the necessary procedures to adhere to the administration procedures, including the reporting and accounting requirements.
PLHA Program Income Reuse Plan
PLHA funding requires the City to implement a program income reuse plan for interest earned on PLHA funds on deposits and loans repaid. The plan is for this income to be collected into and to remain within the sub -fund for future use for the same PLHA activity, such as future affordable housing preservation efforts or future new construction of affordable housing at the AMI targets outlined in the PLHA application.
Policy Implications
Applying for PLHA funding is consistent with best practice to secure available Palo Alto -entitled state funding for City priorities. The proposed use of funds is directed toward currently unmet housing needs, including those that are more c ostly and difficult to find funding sources for.
The proposed use of funds focuses on low, very low, and extremely low-income levels, which is consistent with current and proposed Housing Element programs to serve low and very low- income households, pursui ng new funding sources as well as encouraging affordable housing production.
Resource Impact
The resource impact of applying for PLHA funds is the opportunity for the City to secure receive a new permanent, ongoing, and flexible state funding source to assist in addressing currently unmet housing needs . There is no additional expense associated with submitting a PLHA application; staff time necessary to submit the PLHA application and administer the PLHA
5 2022 Permanent Local Housing Allocation Program Entitlement and Non -Entitlement Local Government Formula Component – Notice of Funding Availability: https://www.hcd.ca.gov/sites/default/files/2022-08/2022-PLHA- Formula-Component-NOFA.pdf
6 State of California Department of Housing and Community Development Department (HCD) Permanent Local Housing Allocation (PLHA) website: https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent- local-housing-allocation
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funding is considered within the existing department workplan to administer the existing Affordable Housing Fund program , which is currently administered by staff allocated to the City’s General Fund. Once HCD reviews and approves the City’s PLHA application and funds are awarded, staff will return to Cit y Council for budgetary actions to recognize the new PLHA funding source and corresponding expenses.
Timeline
Staff requests Council action on the staff recommendations at the October 24, 2022 Council meeting to authorize the City Manager to submit the P LHA application by the deadline of November 30, 2022.
HCD processes PLHA applications on an ongoing basis. Approvals will be granted as PLHA applications are processed, which could continue through February 2023. Once HCD approves Palo Alto’s PLHA applic ation, the City would need to enter into a Standard Agreement with HCD. Staff would then commence submittal of Requests for Funds.
Environmental Review
Submission of a PLHA application is not considered a project under the California Environmental Quality Act.
Attachments:
Attachment5.a: Attachment A: Resolution Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program (PDF) 5 Packet Pg. 136
*NOT YET APPROVED*
1 0160085_20220923_ay16
Resolution No. ____
Resolution of the Council of the City of Palo Alto Authorizing the Application And Adopting the PLHA Plan for the Permanent Local Housing Allocation Program
A necessary quorum and majority of the council members of the City of Palo Alto (“Applicant”) hereby consents to, adopts and ratifies the following resolution:
A. WHEREAS, the Department is authorized to provide up to $ 335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).
B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS the City o f Palo Alto is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.
D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1
. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
SECTION 2
. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five -year estimate of the PLHA formula allocations of $1,388,976, as stated in Appendix C of the current NOFA in accordance with all applicable rules and laws.
SECTION 3
. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
5.a
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*NOT YET APPROVED*
2 0160085_20220923_ay16
SECTION 4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this res olution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
SECTION 5. The following is included at the request of Department staff, though it is not applicable: Applicant certifies that it was delegated by _______________________ to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.
SECTION 6
. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.
SECTION 7
. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.
SECTION 8
. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
SECTION 9
. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for- sale housing projects or units within for -sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B)and (C).
SECTION 10
. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low -interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government -approved underwriting of the Project for a term of at least 55years.
SECTION 12
. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
SECTION 12
. The City of Palo Alto’s Director of Planning and Development Services is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
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*NOT YET APPROVED*
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SECTION 13. The Council finds that th e adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
SIGNATURE OF APPROVING OFFICER:
________________________
Pat Burt, Mayor
CERTIFICATE OF THE ATTESTING OFFICER:
The undersigned, City Clerk of the City of Palo Alto, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City Council of the City of Palo Alto, which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTEST:
_________________________
Lesley Milton, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ _____________________________ Assistant City Attorney City Manager
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§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.
Applying for PLHA funding is consistent with best practice to secure available Palo Alto-entitled state funding for City priorities. The proposed use of PLHA funds is directed toward currently unmet housing needs, including those activites that are more costly and difficult to find funding sources for. The proposed use of PLHA funds focus on low, very low, and extremely low income levels, which is consistent with current and proposed Housing Element programs to serve low and very low income households, pursuing new funding sources, as well as encouraging affordable housing production. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate- income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.
The City of Palo Alto has focused the PLHA funds exclusively to Activity (1) and Activity (6) as described in the 2019 PLHA Final Guidelines Section 301(a), as these eligible activities are City priorities. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).
The PLHA funds focused on Activity (1) are dedicated to preservation of existing affordable housing units, operating subsidies for existing afforable housing units, and construction of new affordable housing units at or below 60% AMI. The PLHA funds focused for Activity (6) are dedicated to addressing the needs of people experiencing or at risk of homelessness, which are people which are at an income level of 0% through 30% AMI.
Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) The City of Palo Alto has focused PLHA funds to Activity (1) as described in the 2019 PLHA Final Guidelines Section 301(a). PLHA funds would be dedicated to preservation of existing affordable housing units, operating subsidies for existing affordable units, and/or new construction of affordable multi-family rental housing at 60% AMI or less. Program income from Activity (1) would be retained within this PLHA activity account and reused for the same activities in the future.
Funding Allocation Year
2019 2020 2021 2022 2023
Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
20 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Affordable Rental
Housing Activity
40.0% 20.0% 20.0% 20.0% 20.0%
§302(c)(4)(E)(ii) Area Median
Income Level Served 60% 60% 60% 60% 60%
124
TOTAL
372
§302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
Note: complete for years 2019,
2020, 2021 only
The City of Palo Alto has an ongoing need for funds to support preservation of existing affordable units, operating subsidies for existing affordable units, and to construct new affordable multi-family rental housing. The City anticipates receiving an ongoing year over year series of requests for financial support for these activities, especially given the need to meet the City's Regional Housing Needs Allocation and to also not lose existing affordable housing units. The City of Palo Alto proposes to use PLHA funds for these activities as soon as possible, as well as on an ongoing basis. This City will provide necessary documentation of activity eligibility as part of submitting the HCD Request for Funds. 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years §302(c)(4)(E)(ii) Projected
Number of Households Served 4 4444
124 124
The City of Palo Alto has focused PLHA funds to Activity (6) as described in the 2019 PLHA Final Guidelines Section 301(a). Palo Alto, in partnership with LifeMoves, is developing an emergency shelter with the capacity to serve over 300 individuals annually with on-site support services. The City proposes use of PLHA funds to support operational expenses for the shelter. The emergency shelter is a low barrier shelter. LifeMoves will operate the emergency shelter and will provide intensive, customized case management for clients including counseling, employment and housing search services with the goal of paving a dignified path to self-sufficiency. The City also proposes use of PLHA funds for street outreach to help area individuals and households access the shelter and on-site support services. All individuals and households accessing serves are presumed to be at an income level of 30% AMI or below. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.
PLHA Page 1 302(c)(4) Plan
Attachment 1 - City of Palo Alto PLHA Five-Year Funding Plan for the Entitled PLHA 2019-2023 Allocations
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2023
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). 2019 2020
10.00% 20.00%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity
50.00% 60.00% 60.00% 60.00% 60.00%
Emergenc
y Shelter
Operating
Emergenc
y Shelter
Operating
Emergenc
y Shelter
Operating
Funding Allocation Year 2019 2020 2021 2022 2023 2021 2022 Street
Outreach
Street
Outreach
Street
Outreach
TOTAL30% 30% 30% 30% 30%§302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30%
The City of Palo Alto proposes to use PLHA funds for street outreach as soon as possible, including in support of the opening of the Homekey emergency shelter in July 2023, as well as on an ongoing basis. This City will provide necessary documentation of the street outreach activity eligibility as part of submitting the HCD Request for Funds. The City of Palo Alto proposes to use PLHA funds for emergency shelter operating expenses as soon as July 2023 or beforehand, as well as on an ongoing basis. This City will provide necessary documentation of the emergency shelter operational expenses eligibility as part of submitting the HCD Request for Funds. §302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
0 0000 00000 0
30% 30% 30%
Emergenc
y Shelter
Operating
Emergenc
y Shelter
Operating
20.00% 20.00% 20.00%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
150 1500
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
0 0000 00000
§302(c)(4)(E)(ii) Projected
Number of Households Served 150 150 150 150 150 150 150 150 150 Street
Outreach
Street
Outreach
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.
PLHA Page 2 302(c)(4) Plan
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City of Palo Alto (ID # 14728)
City Council Staff Report
Meeting Date: 10/24/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Fiscal Year 2022 Reappropriation Requests to be Carried Forward Into Fiscal Year 2023 and Budget Amendments in Various Funds From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that the City Cou ncil amend the Fiscal Year 2023 Budget Appropriation Ordinance for various funds as identified in Attachment A, and various capital projects as identified in Attachment B and Attachment C (requires a supermajority approval).
Executive Summary
This report and the appropriation adjustments recommended within reflect a part of the annual fiscal year -end process . Annually, when the City transitions between fiscal years on June 30 and begins a new fiscal year on July 1, staff reviews the City’s unencumbere d and unspent appropriations of the fiscal year just ended with the City’s spending plans. This report reflect s the true -up of active projects, both operating and capital, reconciling what was estimated to occur in FY 2022 when developing the FY 2023 Adopt ed Budget and what actually did occur. All projects, programs, and corresponding funding contained within this report were previously approved by the City Council for FY 2022. If approved, t his report simply realigns funding between fiscal years to align with the status of projects and programs.
Background
As a part of the fiscal year -end process, staff reviews the City’s unencumbered and unspent appropriations of the fiscal year just ended, along with the City’s spending plans. Encumbered amounts are th ose subject to the legal claims of other parties due to contractual obligations (for example, commitments made through purchase orders), which are carried forward from one fiscal year to the next. Each year there are a small number of important projects which staff was not able to complete or encumber funds. The reappropriation process allows staff to bring forward funding recommendations to the City Council to continue these projects into the next fiscal year. In a couple of instances, there was not enough funding remaining in the prior year to reappropriate to the current year; however, the projects that were not completed are still needed so staff is recommending appropriating funding in the current year.
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On September 22, 2014, the City Council approv ed a recommendation to amend Chapter 2.28, Section 2.28.090 of the Municipal Code, reducing the previous two -step reappropriations process (preliminary and final reappropriation authorization) to one step as long as the Administrative Services Department ( ASD) Director/Chief Financial Officer (CFO) certifies that sufficient unencumbered and unexpended funds are available in the Fiscal Year that just ended to be carried forward to the subsequent Fiscal Year.
Additionally, the City Council amended the Mun icipal Code to eliminate the provision allowing for the automatic reappropriation of capital project funds. There remains a need to reappropriate funds for capital projects in some instance s, capital projects may still be delayed or deferred for various re asons. This reappropriation is completed through a review of the status of projects as part of the annual budget process and is built into the annual adopted budget. As staff work to close Fiscal Year 2022 staff process necessary accounting transactions, expended and encumbered funds for each capital project have been reviewed a final time.
Based on that review, staff recommends capital dollars remaining for some projects in various funds through Fiscal Year 2022 be reappropriated to Fiscal Year 2023. For s ome projects too much funding was recommended for reappropriation as additional expenditures occurred in Fiscal Year 2022. Therefore, this staff report recommends reversing a portion of previously authorized reappropriations. In a few capital projects, the expenditure in FY 2022 was greater than the total amount recommended for reappropriation to FY 2023 . In these projects, staff recommends reversing the full reappropriation, as well as a technical clean-up action to reduce funds appropriated in FY 2023 . This will keep the total project budget the same over the life of the project and allow for an adjustment to the project budget in FY 2022 as part of the FY 2022 Year-End clean -up process, currently scheduled for review by the Finance Committee in November 2022.
Discussion
Attachment A identifies those operating budget requests that staff recommends for approval, while Attachment B lists recommended capital project requests. Attachment C includes the recommended technical clean -up items for a few capital projects. With the submission of this report for City Council consideration, the ASD Director/CFO certifies sufficient unencumbered and unexpended funds are available from Fiscal Year 2022 to be reappropriated to Fiscal Year 2023. This staff report is bein g brought forward prior to the FY 2022 Annual Comprehensive Financial Report (ACFR), scheduled to be considered by the Finance Committee in November, in order to support the continuity of business for these ongoing projects and initiatives.
Operating Budget Reappropriations
The projects recommended for budget reappropriations are outlined in more detail in Attachment A and can generally be grouped into the following categories:
• Funding for Citywide Council Priorities and Recovery: Items in this category are related to citywide priority and recovery needs previously identified by the Council that could not be completed in FY 2022 and funding is recommended to be reappropriated to FY 2023 to 6 Packet Pg. 143
City of Palo Alto Page 3
complete the work. Examples of projects in this category include: Utility Litigation Reserve ($12.4 million), Rent Forgiveness Program ($0.7 million), Advancing Racial Equity ($0.5 million), COVID-19 Recovery ($0.5 million), Transition Reserve ($0.2 million), Administrative Support Reserve ($0.2 million), and Ho meless Outreach Case Manager ($0.1 million). A number of these initiatives were delayed due to the continued effects of the pandemic beyond initial estimated timeframes, including staffing and recruiting issues across the City.
• Timing and Workload Dela ys: Projects in this category were delayed due to competing workload demands, appropriation of funds late in the fiscal year, or other unanticipated delays, including COVID -19 and related impacts. Examples of projects in this category include: Information Technology Risk Framework Management ($0.2 million), Urban Forest Master Plan (Tree Inventory) data and analysis ($0.1 million), Aerial Truck Rental Buyout ($0.1 million), and Enterprise Software Maintenance – GIS ($0.1 million).
• Multi-year Funding Agr eements: Projects in this category include approved donations, grants, loans, and other funding agreements that are anticipated to continue in the coming year. Examples in this category include: Alta Housing Loan for Affordable Workforce Housing at 231 Gra nt Avenue ($3.0 million), Alta Housing Loan for Affordable Housing at Wilton Court ($1.8 million), Direct Cost Recovery Projects in the Planning and Development Services Department ($0.3 million), and Information Technology On -Call Professional Services Contracts ($0.1 million).
• Human Services Resource Allocation Process (HSRAP) Reserve: As part of the FY 2015 Adopted Budget, the City Council established a one -time reserve of $50,000 for HSRAP funding requests. In FY 2019, $10,000 was allocated to Heart and Home Collaborative, a non-profit organization that provides shelter and services to unhoused women in Palo Alto.
No additional funds were allocated from this reserve in FY 2022, so the remaining balance of $40,000 is recommended to be reappropriated to FY 2023.
• Think Fund Teen Services Programs (formerly Bryant Street Garage Teen Program): In 2001, the City Council voted to lease out a garage property located at 455 Bryant Street.
Since this site was formerly the location of the Bryant Street Teen Ce nter, a stipulation in the lease required that 75 percent of the rental revenues would be used to fund programs specifically for Palo Alto youth and teens. In prior years, staff has returned to the Policy and Services Committee and City Council for guidanc e on community engagement and potential uses of this funding (CMR 4776, CMR 8887). Teen Services programs include, but are not limited to: Think Fund grants, ClickPA website, Teen Arts Council, MakeX, Art Center, Think Fund Gala, and the Buoyancy Teen Fest ival. The unspent balance of $0.2 million is recommended to be reappropriated to FY 2023 to ensure sufficient resources are available to continue providing quality teen services to the community and develop a long‐term approach to maintain delivery of these services.
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• Management Training Program: The Management Training Program provides $1,000 per eligible employee under the terms outlined in the MGMT and PAPMA labor agreements. The purpose of this program is to provide employees with resources to improve and supplement their job and professional skills. In total, $0.3 million in unused funding is requested to be reappropriated to FY 2023 for various training programs, including: ethics, civics and citizen engagement, leadership and management, budget, finance, procurement, interpersonal communication, presentation skills, business writing, time management, project management, change management, online -based education, and safety and security. The City is working on partnering with local resources such as Stanford University to engage in training to support the development of key skills for employees.
New Operating Budget Appropriation Recommendations for Continuing Projects
Sufficient savings was unavailable in FY 2022 to support reappropriation of f unds to FY 2023 due to overall Salary and Benefit expenses exc eeding non-salary savings in the department.
However, since these projects are related to Council priorities and are still necessary to be completed, staff is recommending appropriation of funds for these projects to be continued in FY 2023.
• FireMed Marketing : This action appropriates $50,000 in the Fire Department for marketing related to the City’s ambulance subscription program (FireMed). During FY 2022, the Fire Department began coordinati on with the Utilities Department to establish a workflow for the program’s online billing. Additional work with the City’s communications team on website design, frequently asked questions, program logo, and a mailer were completed. Staff also began educat ing fire fighters on the specifics of the program to be able to respond to community questions while in the field. This funding will continue the full implementation of the program and its marketing component during FY 2023.
• Equity Hiring Initiative : This action appropriates $50,000 in the Fire Department for work related to equity hiring initiatives. Due to the logistical requirements of the SAFER grant and lower Fire management staffing , the Department was unable to focus on this work in FY 2022. The Deputy Chief position restored in FY 2023 will be responsible for departmental recruitment, hiring and retention, and managing the equity hiring initiative work with the support of this funding.
Capital Budget Reappropriations
As discussed in the Ba ckground section of this report, starting with the Fiscal Year 2016 capital budget, all capital project reappropriations require City Council approval. The FY 2023 Adopted Budget included $83.6 million in reappropriated expenditure funds, partially offset by $41.9 million in reappropriated revenue, across all City funds based on estimates of anticipated spending and revenue collections in FY 2022. Since the adoption of the capital budget, some adjustments and refinements to project reappropriations are requ ired since FY 2022 year -end 6 Packet Pg. 145
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project revenues and costs have been updated to reflect actual experience. These primarily reflect either increases or decreases to assumed reappropriations in the FY 2023 Adopted Budget:
• Additional reappropriations are rec ommended when project expenditures originally anticipated to occur before the end of FY 2022 will now instead occur in FY 2023. Similarly, revenue anticipated to be collected in FY 2022 will be reappropriated to FY 2023 to align with actual collections.
• Downward adjustments to reappropriations are recommended when expenses are no longer anticipated to occur in FY 2023 and funding was previously reappropriated in the budget document to FY 2023. If expenses were realized in FY 2022, an adjustment to reduce the project budget is needed as the activity no longer needs funding in FY 2023. The downward adjustment of estimated revenue is treated similarly; an adjustment to reduce the estimated revenue is needed to align collections in the appropriate fiscal year.
Table 1 summarizes the recommended net adjustments as detailed in Attachment B. These Fiscal Year 2022 adjustment amounts represent the final step in the City Council -approved change to the reappropriation process. There are sufficient expenditure savi ngs in Fiscal Year 2022 to support all recommended adjustments.
The revised process and active review of all project reappropriations results in a reduced level of reappropriated funding from one year to the next, compared to the process of automatically reappropriating all unspent capital funding at the end of a fiscal year , and better reflects the needs of the various capital projects and the overall capital programs.
Table 1: Year-End Capital Project Reappropriation Summary – By Fund Fund
Number
of
Projects
Recommended
Revenue
Reappropriation
Adjustment
Recommended Expense
Reappropriation
Adjustment
Capital Improvement Fund 62 ($1,355,000) $11,536,000 Cubberley Infrastructure Fund 3 - ($64,000)
Airport Fund 4 $2,829,000 $693,000
Electric Fund 14 - $2,364,000
Fiber Fund 2 - $179,000
Gas Fund 3 - ($119,000)
Stormwater Management Fund 6 - $250,000
Wastewater Collection Fund 3 - ($355,000)
Wastewater Treatment Fund 7 $5,040,000 $846,000 Water Fund 6 - ($39,000)
Technology Fund 5 - $159,000
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Vehicle Replacement and
Maintenance Fund 4 - ($1,345,000)
Total All Funds 119 $6,514,000 $14,105,000
Technical Clean-up Actions
As detailed in Attachment C, the Rinconada Park Improvements (PE -08011) project was overspent in the Capital Improvement Fund in FY 2022 by a total of $109,000. In order to fund the overage for this project in FY 2022 and kee p the overall project budget at $10.7 million, a technical clean-up action is recommended to reduce the funds appropriated in FY 2023 to shift the funding back into FY 2022. A corresponding adjustment will be done in FY 2022 as part of the FY 2022 Year -End clean-up process, currently scheduled for review by the Finance Committee in November 2022. T hese actions will align the project budget by year with the actual expenses by year.
For the Electric System Improvements (EL -98003) project, Council approved a three -year contract on March 21, 2022 (CMR 13953) to support undergrounding work in multiple projects:
Foothills Rebuild (EL -21001); Electric Customer Connections (EL -89028); Fiber Optic Customer Connections (FO-10000); and Fiber Optic System Improvement (FO-10001). However, the total contract amount for all the projects in all three years was entirely encumbered in EL-98003 in FY 2022 and carried into FY 2023. This action will align funding in FY 2023 with planned work in this project by reducing the bud get from $9.5 million to $4.1 million for the anticipated first year amount of the contract needed for this project.
Resource Impact
All projects, programs, and corresponding funding contained within this report were previously approved by the City Counc il for FY 2022. This report simply realigns funding between fiscal years to align with the status of projects and programs. The ASD Director/CFO certified that sufficient funds exist for the recommended Fiscal Year 2022 Operating Budget adjustments (Attachment A), and Capital Budget adjustments (Attachment B and Attachment C). For Operating reappropriations, staff recommends expense reappropriations of $15.6 million , partially offset by $ 0.3 million in revenue in the General Fund ; $4.8 million in Special Re venue Funds; $0.1 million in Enterprise Funds; and $0.7 million in Internal Service Funds.
Additionally, staff recommends appropriating $0.1 million in the Fire Department in the General Fund for programs that need to continue in FY 2023 but did not have savings in FY 2022 to allow for reappropriations. This funding will be appropriated from the Budget Stabilization Reserve.
For capital projects, in addition to the amounts reappropriated as part of the FY 2023 Adopted Capital Budget, staff recommends $11.5 million in expenses be reappropriated to FY 2023 in the Capital Improvement Funds, in addition to a reduction of $1.4 million in revenue reappropriations. Also recommended is $2.0 million in additional expenses reappropriated in various Enterprise Funds, and a reduction of $1.2 million in expenditures in the Internal Service 6 Packet Pg. 147
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Funds. The cumulative reappropriation, including amounts approved in the FY 2023 Adopted Capital Budget, will be $ 45.5 million in expenses, partially offset by $7.7 million in reve nue in the Capital Improvement Fund projects; $ 46.5 million in expenses , partially offset by $ 40.7 million in revenue in the Enterprise Fund projects; and $5.7 million in expenses in the Internal Service Fund projects. The results of the reappropriations a nd technical clean -up actions will have a net-zero impact to the total projects’ budgets over the life of the projects.
Policy Implications
This recommendation is consistent with adopted Council policy.
Stakeholder Engagement
Review and reconciliation of the funding available for both the Operating reappropriations and the reappropriations for individual Capital projects was coordinated between ASD divisions of the Office of Management and Budget and Accounting, as well as with the impacted departments.
Environmental Review
The action recommended is not a project for the purposes of the California Environmental Quality Act.
Attachments:
• Attachment6.a: Attachment A - FY22 to FY23 Reappropriation Requests_Operating
• Attachment6.b: Attachment B - FY 2022 Reappropriations (Adopted & Final YE) to FY 2023
• Attachment6.c: Attachment C - FY23 Technical Clean-up Actions 6 Packet Pg. 148
FY 2022 TO FY 2023 OPERATING BUDGET REAPPROPRIATIONS ATTACHMENT A Fund Name Department Title Description
Recommended
Revenue
Appropriation
Recommended
Expense
Appropriation
General Fund Community Services Bryant St. Revenue ‐ Teen Services This action reappropriates funds for teen services from revenue generated by the rental of the Bryant Street Garage. In 2001, the City Council voted to lease out a garage property located at 455 Bryant Street. Since this site was formerly the location of the Bryant S treet Teen Center, a stipulation in the lease required that 75 percent of the rental revenues would be used to fund programs specifically for Palo Alto youth and teens. In prior years, Staff has returned to the Policy and Services Committee and City Council for guidance on community engagement and potential uses of this funding (C
MR 4776, CMR 8887). Teen services programs include, but are not limited to: Think Fund grants, ClickPA website, Teen Arts Council, MakeX, Art Center, Think Fund Gala and the Buoyancy Teen Festival. This action will reappropriate $216,000, the remaining value, to ensure resources are available to continue providing quality teen services to the com munity and develop a long‐term approach to maintain delivery of these services. $ ‐
$ 216,000
General Fund Community Services Art Center Ceramics Studio Bequest
This action reappropriates a bequest from the Sherrie Innis Estate. On June 19, 2017, the City Council approved a bequest of $54, 350 from the Sherrie Innis Estate to maintain and upgrade the ceramic studio at the Palo Alto Art Center (CMR 8187) including kilns, wheels, and several other large pieces of equipment. At the close of FY 2022, the unspent balance is projected to be $30,000 and recommended to be reappropriated to FY 2023.
$ ‐
$ 30,000
General Fund Community Services Foothills Nature Preserve Fee Collection Services
This action reappropriates $20,000 for the purchase and installation of an automated ticket sales machine at Foothills Nature Preserve, including software services, training, technical support, and on‐site machine servicing. This funding was appropriated in the FY 2021 Mi dyear Budget Review (CMR 11872) with the opening of Foothills Park to the general public and the creation of a ticketed entry fee.
$ ‐
$ 20,000
General Fund Community Services Child Care Trust Funds for Palo Alto Advisory Commission on Early Care
and Education (PAACECE) Work
Plan
This action reappropriates $17,000 of the $30, 000 that was transferred from the Child Care Trust Fund for a pilot Child Care Mini Grant Program to fund educational and professional services costs of child care providers. As a pilot program, the development of the policies and procedures took longer than anticipated, with the first grants being awarded in the latter half of FY 2022. I
nitial results have been promising, and Staff would like the remainder of FY 2023 to complete the pilot program and expend the remainder of the funding, as well as evaluate its impact on the community. $ ‐
$ 17,000
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FY 2022 TO FY 2023 OPERATING BUDGET REAPPROPRIATIONS ATTACHMENT A Fund Name Department Title Description
Recommended
Revenue
Appropriation
Recommended
Expense
Appropriation
General Fund Community Services Homeless Outreach Case Manager This action reappropriates $115,000 that was allocated for the homeless outreach case manager. Delays related to the request for proposals were experienced as the proposal received in June 2022 did not meet departmental requirements. Staff is planning on re‐bidding this project in FY 2023 and will potentially supplem ent this funding with grant funding and changes in scope in order to encourage more adequate responses. $ ‐
$ 115,000
General Fund Non ‐Departmental Advancing Racial Equity An allocation of $500,000 for the advancement of racial equity was approved in FY 2020 (CMR 11328). In light of the national and local racial equity mo
vement, this funding was set aside to help fund a resolution and associated workplan to address systematic inequities. Since the workplan was not completed in FY 2022, these funds are recommended to be reappropriated to FY 2023 to support initiatives related to advancing racial equity, as directed by the Ci ty Council.
$ ‐
$ 500,000
General Fund Non ‐Departmental Rent Forgiveness Program This action reappropriates funding to FY 2023 for the rent forgiveness program that Council approved on June 7, 2021 (CMR 12234) to forgive three months of rent for active non‐profit tenants. Staff needs additional time to evaluate the information collected from tenants and am end agreements in order to complete the program.
$ ‐
$ 744,000
General Fund Non ‐Departmental COVID‐19 Funding This action reappropriates $500,000 of COVID‐19 Recovery Funds to continue COVID‐19 recovery related work in FY 2023. This total amount is comprised of remaining funding set‐aside for three separate activities:
$100,
000 for Contact Tracing; $200,000 for Workplace Restoration; and $200,000 for Business and Communication Support. The City remained in reductive modes longer than originally anticipated and expenses for COVID‐19 Recovery activities were not fully spent in FY 2022. These funds are anticipated to be needed in FY 2023 to support econom ic recovery through a continually evolving endemic state.
$ ‐
$ 500,000
General Fund Non ‐Departmental Administrative Support Reserve This action reappropriates $175,000 to provide funding for unforeseen resource needs in FY 2023. Funding was appropriated in this reserve as part of the FY 2022 Adopted Budget to be used for administrative support costs that were anticipated to m aterialize in various departments across the City as a result of service restoration and the City continuing to recover from effects of the COVID‐19 pandemic. Funds are anticipated to be needed in FY 2023 to continue to support these efforts. $ ‐
$ 175,000
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FY 2022 TO FY 2023 OPERATING BUDGET REAPPROPRIATIONS ATTACHMENT A Fund Name Department Title Description
Recommended
Revenue
Appropriation
Recommended
Expense
Appropriation
General Fund Non ‐Departmental Human Services Resource Allocation Program (HSRAP)
Reserve
This action reappropriates the remaining balance in the Human Services Resource Allocation Program (HSRAP) Reserve. As part of the FY 2015 Adopted Budget, the City Council established a one‐time reserve of $50,000 for HSRAP funding requests. In FY 2019, $10,000 was allocated to He
art and Home Collaborative, a non‐profit organization that provides shelter and services to unhoused women in Palo Alto. The remaining balance of $40,000 is recommended to be reappropriated to FY 2023 for future HSRAP use.
$ 40,000
General Fund Non ‐Departmental Transition Costs Reserve This action reappropriates $210,000 to address one‐tim e funding needs for the transition and implementation of various service delivery changes approved in the FY 2022 operating budget. A number of costs related to recruitment and changes in service delivery are likely to incur one‐time transition costs. These funds will continue to assist in aiding these transitions in FY 2023.
$ ‐
$ 210,000
General Fund Non ‐Departmental Utility Transfer Litigation Reserve This action reappropriates $12.4 million to plan for the potential financial impacts of an ongoing lawsuit, Green v. City of Palo Alto (Santa Clara Superior Court, Case No. 1‐16‐CV‐300760). This case is a class action lawsuit filed on October 6, 2016, which claim ed that the City’s gas and electric rates are taxes that exceed the cost of providing service, absent voter approval, because the rates fund annual transfers from the utilities to the City’s general fund. The lawsuit sought a refund of three years of alleged overpayments by ga s and electric ratepayers and an injunction prohibiting further overpayments. This action will bring the reserve to $17.5 million in FY 2023 for potential prior year overpayments. $ ‐
$ 12,400,000
General Fund Non ‐Departmental Management Development Funds This action reappropriates funding for management training and professional development. The Management Training Program provides $1,
000 per eligible employee under the terms outlined in the labor agreements and compensation plans with the Management and Professional group and the Palo Alto Police Management Association. For retention strategies and workforce development, this action is recommended for training opportunities that may include the following program topics: ethics, civics and citizen enga gement, leadership and management, budget, finance, procurement, interpersonal communication, presentation skills, business writing, time management, project management, change management, and safety and security. $ ‐
$ 287,000
General Fund Planning and Development
Services
Direct Cost Recovery Project
Budget, 3225 El Camino Real
This action reappropriates remaining revenue and expense related to the deposit‐based cost recovery proj
ect at 3225 El Camino Real. This is a fully
cost recoverable project that is tracked separately using deposit accounts.
The funds do not comingle with other contract service budgets and funds are only accessible for this purpose. This is a cost‐neutral action for a specific cost recovery proj ect. All costs will be reimbursed by the applicant. $ 70,000 $ 70,000
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FY 2022 TO FY 2023 OPERATING BUDGET REAPPROPRIATIONS ATTACHMENT A Fund Name Department Title Description
Recommended
Revenue
Appropriation
Recommended
Expense
Appropriation
General Fund Planning and Development
Services
Direct Cost Recovery Project
Budget
This action reappropriates remaining revenue and expense related to various deposit‐based direct cost recovery projects. These are fully cost recoverable and are tracked separately using deposit accounts. The funds do not comingle with other contract service budgets and funds are only accessible for this purpose. This is a cost‐neutral action. On November 9, 2020 the City Council approved $500,000 in contract services funding to support consultant services and a corresponding increase of $500,000 to the revenue budget, resulting in a net‐zero impact to the General Fund.
These contracts are paid by deposit‐based fees and the applicant is invoiced or refunded when the entire cost of the project is finalized.
Annually the City receives about fifty direct cost recovery projects per year. These projects vary from single family dwellings, to mixed use projects, to new hotels being developed in Palo Alto.
$ 225,000 $ 225,000 General Fund Public Works Urban Forest Master Plan (Tree Inventory)
This action reappropriates $97,000 for the tree inventory update related to the Urban Forest Master Plan (UFMP). The City is currently entering year 8 of the 12‐year implementation of the UFMP, and a tree inventory update and tree benefits and inventory analysis was called for in year 8 (5.A.ii, FY23). The City maintains more than 38,000 public trees along City streets, in City parks, and around City‐owned buildings. The last street tree inventory update was completed in 2010 and over time the inventory data can become out of alignment with the actual tree field conditions. As trees are a living green asset that changes over time, periodic updates are part of industry best practices for tree inventories.
$ ‐ $ 97,000 295,000$ 15,646,000$ Total General Fund Reappropriation
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FY 2022 TO FY 2023 OPERATING BUDGET REAPPROPRIATIONS ATTACHMENT A Fund Name Department Title Description
Recommended
Revenue
Appropriation
Recommended
Expense
Appropriation
Housing In‐Lieu Fund:
Residential
Planning and Development
Services
231 Grant Avenue Affordable
Housing Project
This action reappropriates $3 million for a loan to Santa Clara County for the development of an affordable workforce housing project located at 231 Grant Avenue. This development will be primarily for teachers and other school district employees from participating school districts in Sa nta Clara and San Mateo Counties. This loan from the Residential Housing In‐ Lieu Fund was initially approved by the City Council at the February 7, 2022 meeting (CMR 13741). At the close of FY 2022 this funding remains unspent and is recommended to be reappropriated to FY 2023. $ ‐
$ 3,000,000
Housing In‐Lieu Fund:
Commercial/
Residential Housing
Impact Fund
Planning and Development
Services
Alta Housing Affordable Housing
Loan Agreement: 3705 El Camino
Real (Wilton Court)
This action reappropriates $1.8 million for an agreement with Alta Housing to develop and construct a 100 percent affordable housing project at 3705 El Ca
mino Real (Wilton Court). In total, $20.5 million in City contributions have been appropriated for this project. The City Council approved the initial contribution of $10.0 million at the June 3, 2019 meeting (CMR 10143); $1.0 million from the Residential Housing Fund, and $9.0 million from the Co mmercial Housing Fund. The City Council approved an additional contribution of $10.5 million at the January 13, 2020 meeting (CMR 10928); $7.2 million from the Residential Housing Fund, $2.7 million from the Commercial Housing Fund, and $0.6 million from the Residential Housing Impact Fund. At the close of FY 2022, approximately $1.8 m illion of funding remains ($1.2 million in the Commercial Housing fund and $0.6 million in the Residential Housing Fund), which is recommended to be reappropriated to continue the project in FY 2023.
$ ‐
$ 1,767,000
‐$ 4, 767,000$
Electric Fund Utilities Aerial Truck Rental Buyout This action reappropriates $120,000 in the Electric Fund to purchase a rented aerial bucket truck. Consistent with recommendations Council approved in 2016 (CMR 6736), inventory for these aerial trucks are provided through a lease‐to‐purchase model. Buying the rented truck will enable staff to sell the vehicle to help offset the cost to enter into a new lease‐to‐purchase agreem
ent. Funds for this purchase were set aside in FY
2022 but delays caused for the purchase to roll into FY 2023. $ ‐
$ 120,000
$ ‐ $ 120,000
Total Special Revenue Fund Reappropriation
Total Enterprise Fund Reappropriation
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FY 2022 TO FY 2023 OPERATING BUDGET REAPPROPRIATIONS ATTACHMENT A Fund Name Department Title Description
Recommended
Revenue
Appropriation
Recommended
Expense
Appropriation
Technology Fund Information Technology On ‐Call Professional Services Contracts
This action reappropriates $100,000 to assist with on‐call professional services contracts in the Information Technology Department that were not completed in FY 2022. These projects consists of RFP/vendor selection/implementation of large applications throughout the City, spanning multiple departments as well as desktop replacements and m
obile device management projects. Current IT Project Managers are working on several other projects, and these funds will help to assign some of the pending projects to on‐call staff (project managers) to help fulfill the projects requested.
$ ‐
$ 100,000
Technology Fund Information Technology Enterprise Software Maintenance ‐ GIS
This action reappropriates $125, 000 for enterprise software maintenance in the Information Technology Department. With recent reinvestments related to geographic information system (GIS) staffing and infrastructure, staff plan to complete GIS projects in progress that were not able to be finished in FY 2022 in order to begin new enterprise GIS enhancements slated for FY 2023. Bel ow are some of the projects that this funding will help with completing: continue work on SQL server, map styling and symbology, AMI‐related GIS interface requirements (with SAP, WOMs, MDMS, and RNI), SAP‐ and GIS‐related integration tasks, and OMS and GIS integration tasks.
$ ‐
$ 125,000
Technology F und Information Technology Risk Framework Management Request For Proposals
This action reappropriates $200,000 for the risk framework management requests for proposals (RFP) in the Information Technology Department. In March 2020, Baker Tilly indicated in their audit that the City does not currently have formal IT risk management practices. In general, day‐to‐day operational controls are in place to m
itigate IT risks, but gaps may still
exist for unidentified IT risks. An RFP was issued to address this in FY 2022, but a vendor was not chosen so the funds could not be encumbered. This action will allow the Department to complete the RFP and begin work on developing, im
plementing, and operationalizing the City’s new IT Risk Management Process.
$ ‐
$ 200,000
Technology Fund Information Technology Planning and Development Services Technology Fee
This action reappropriates $321,000 for various technology projects in the Planning and Development Services (PDS) Department. As part of the Adopted Municipal Fee Schedule, a surcharge up to three percent is included in som
e of the PDS fees to recover funding for technology
projects. These projects include ongoing technical support of the City's Geographic Information System (GIS) and the new ESRI platform, implementing an online permitting system, expanding Accela capabilities, and digitizing and storing plans and records. At the close of FY 2022, $321,
000 of the approximate $330,000 collected remains unspent and will be used for planned projects in FY 2023.
$ ‐
$ 321,000
‐$ 746, 000$
Total All Funds Reappropriation 295,000$ 21,
279,000$
Total Internal Service Fund Reappropriation
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FY 2022 TO FY 2023 OPERATING BUDGET REAPPROPRIATIONS ATTACHMENT A Fund Name Department Title Description
Recommended
Revenue
Appropriation
Recommended
Expense
Appropriation
FY 2023 New Funding Appropriation for Continuing Projects General Fund Fire FireMed Marketing This action appropriates $50,000 for marketing related to the City's ambulance subscription program, known as the FireMed Program. The Program was approved in October 2021 (CMR 13618) and launched in April 2022. During FY 2022, the Fire Department began coordination with the Utilities Department to establish a workflow for the Program’s online billing. Additional work with the City’s Communications Team on website design, frequently asked questions, program logo, and mailer were completed. Staff also began educating sworn fire personnel on the specifics of the program to be able to respond to community questions while in the field. This funding will continue to support the full implementation of the Program, including the marketing component during FY 2023.
$ ‐ $ 50,000
General Fund Fire Equity Hiring Initiative This action appropriates $50,000 for equity hiring initiatives in the Fire Department. Funding for contract services for research and implementation of initiatives was approved during the FY 2022 budget process; however, logistical requirements for the SAFER grant and lower Fire management staffing did not allow the Department to focus on equity hiring initiatives in FY 2022. The Deputy Chief position restored in FY 2023 will be responsible for departmental recruitment, hiring and retention, and managing the equity hiring initiative work with the support of this funding.
$ ‐ $ 50,000
General Fund Non ‐Departmental Budget Stabilization Reserve This action adjusts the fund balance to offset adjustments recommended in this report.
$ ‐ $ (100,000)
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CAPITAL IMPROVEMENT PLAN FY 2022 REAPPROPRIATIONS TO FY 2023 ATTACHMENT B Fund Number and Name Project Title Proj. No. Adopted Reapp Final Reapp Total Reapp Adopted Reapp Final Reapp Total Reapp 471 ‐ Capital Improvement Fund Americans With Disabilities Act Compliance PF‐93009 438,000 162, 000 600,000 Animal Shelter Renovat
ion PE‐19002 917,700
‐ 917,
700
Ar
t In Public Spaces AC‐86017 1,477,200 67,000 1,544,200 Athletic Courts Resurfacing PG‐06001 75,800 ‐ 75,
800
Automated External Defibrillator Replacement FD‐21000 ‐ ‐ 38,
000 38,000
Baylands Boardwalk Improvements PE‐14018 ‐ 6,
000 6,000
Baylands Comprehensive Conservation Plan PG‐17000 7,100 36,000 43,100 Benches, Signage, Walkways, Perimeter Landscaping, and Site Amenities PG‐06003 43,000 43,000 Bicycle and Pedestrian Transportation Plan Implementation PL‐04010 568,000 568,000 Boulware Pa
rk Improvements PE‐17005 3,124,000 ‐ 3, 124,000 1,500,000 (1,100,000) 400,000 Building Systems Improvements PF‐01003 100,000 444,
000 544,000
‐
‐
Byxbee Park Completion PE‐18006 ‐
‐
‐
‐ (
1,300,000) (1,300,000)
California Avenue District Gateway Signs PE‐17004 127,000 127,000 Camer
on Park Improvements PG‐14002 101,500
‐ 101,
500
Chur
chill Avenue Enhanced Bikeway PL‐14000 2,776,100 2,776,100 Churchill Avenue/Alma Street Railroad Crossing Safety Improvements PL‐20000 3,845,900 150,000 3,995,900 3,845,900 90,000 3,935,900 City Bridge Improvements PE‐20001 70,000 ‐ 70,
000
City Facilities Assessment PE‐20002 30,000 30,000 City Facility Parking Lot Maintenance PE‐09003 199,000
‐ 199,
000
Cit
y Hall Space Planning PE‐19000 575,000 575, 000
Civic Cent
er Electrical Upgrade & EV Charger Installation PE‐17010 485,400 ‐ 485,
400 240,
000 (66,000) 174,000
Civic Center Fire Life Safety Upgrades PE‐18016 205,100 ‐ 205,
100
Civic Cent
er Waterproofing Study and Repairs PE‐15020 301,000 (72, 000) 229,000
Cur
b and Gutter Repairs PO‐12001 11,600 ‐ 11,
600
Dog Park Installation and Renovation PG‐18001 144,500 144, 500 144, 500 144,500 Downtown Automated Parking Guidance Systems, Access Controls & Revenue Collection EPL‐15002 2,419,100 ‐ 2, 419,100 Emergency Vehicle Traffic Signal Preemption System Pilot PL‐19000 26,000 26,000 Extrication Tool Replacement FD‐22000 118,187 107,
000 225,187 43,
000 43,000
Facility Interior Finishes Replacement PF‐02022 203,800 41, 000 244,800
Fir
e Station 4 Replacement PE‐18004 195,000
‐ 195,
000
Foothills Nat
ure Preserve Boronda Lake Dock Replacement OS‐18000 210,000 210, 000
Go
lf Reconfiguration & Baylands Athletic Center Im provements PG‐13003 200,000 (32, 000) 168,000 JMZ Renovat
ion AC‐18001 1,279,200 (20,000) 1,259,200 140,000 140,000 Library Automated Material Handling LB‐21000 575,093
‐ 575,
093 350,
000 350,000
Magical Bridge Playground Rubber and Synthetic Turf Resurfacing PE‐21003 163,000 163, 000
Municipal Service Cent
er A, B, & C Roof Replacement PF‐17000 131,000 131,
000
Municipal Service Cent
er Lighting, Mechanical, and Electrical Im provements PF‐16006 5,866,100 5,866,100 1,539,000 1,539,000 New California Avenue Area Parking Garage PE‐18000 814,400 (17, 000) 797,400
New Downtown Pa
rking Garage PE‐15007 10,600 10,600
New Public Safety Building PE‐15001 8,125,000 8,125,000 Newell Road/San Francisquito Creek Bridge Replacement PE‐12011 2,129,000 ‐ 2, 129,000 300,000 300,000
Off‐Road Pathway Resurfacing And Repair OS‐09001 57,000 ‐ 57, 000
Open Space Lakes And Po nd Maintenance OS‐00002 29,000 29,000 Open Space Trails and Amenities OS‐00001 13,000 (13,000) ‐ Pa
rk and Open Space Emergency Repairs PG‐09002 83,300 83,300 Park Restroom Installation PG‐19000 326,300
‐ 326,
300 336,
700 336,700
Parking Management and System Implementation PL‐16002 110,000 (110, 000) ‐
Pe
rforming Arts Venues Seat Replacement AC‐18000 98,000 98,000 Police Video Recording Systems Replacement PD‐20000 15,000 15,000 Railroad Grade Separation and Safety Improvements PL‐17001 1,145,863 758,000 1,903,863 Ramos Park Improvements PG‐14000 8,900 ‐ 8,
900
Roofing Replacement PF‐00006 100,000 452,
000 552,000
Safe Rout
es To School PL‐00026 700,000 83,
000 783,000
Sidewalk Repair
s PO‐89003 65,000 65,000
Sign Reflectivity Upgrade PO‐11000 47,000 41,000 88,000 Street Lights Improvements PO‐05054 38,000 38,000 Street Maintenance PE‐86070 314,000 (314, 000) ‐ 500, 000 500,000 Expenses Revenues
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Capital Improvement Plan FY 2022 Reappropriations to FY 2023 ATTACHMENT B Fund Number and Name Project Title Proj. No. Adopted Reapp Final Reapp Total Reapp Adopted Reapp Final Reapp Total Reapp Expenses Revenues
471 ‐ Capital Improvement Fund Thermoplastic Lane Marking and Striping PO‐11001 78,000 78,000 Traffic Signal and Intelligent Transportation Systems PL‐05030 ‐ 588,000 588,000 ‐ ‐ ‐ Transportation and Parking Improvements PL‐12000 934,903 (339,000) 595,903 500,000 500,000 University Avenue Parking Improvements PF‐14003 100,000 57,000 157,000 Water, Gas, Wastewater Office Remodel PE‐19001 ‐ 377,000 377,000 570,000 570,000 471 ‐ Capital Improvement Fund Total 33,267,646 11,536,000 44,803,646 9,026,100 (1,355,000) 7,671,100 472 ‐ Cubberley Property Infrastructure Fund Cubberley Field Restroom CB‐17002 262,600 (41,000) 221,600 Cubberley Repairs CB‐17001 387,000 ‐ 387,000 Cubberley Roof Replacements CB‐16002 145,600 (23,000) 122,600 472 ‐ Cubberley Property Infrastructure Fund Total 795,200 (64,000) 731,200 530 ‐ Airport Enterprise Fund Airport Apron Reconstruction AP‐16000 532,000 685,000 1,217,000 ‐ 2,617,000 2,617,000 Airport Layout Plan AP‐21000 305,000 10,000 315,000 274,500 212,000 486,500 Airport Temporary Office Buildings AP‐22001 61,000 (2,000) 59,000 Automated Weather Observation System (AWOS) AP‐19000 88,000 88,000 79,200 79,200 530 ‐ Airport Enterprise Fund Total 986,000 693,000 1,679,000 353,700 2,829,000 3,182,700 523 ‐ Electric Fund Capacitor Bank Installation EL‐16002 146,000 125,000 271,000 Coleridge/Cowper/Tennyson 4/12kV Conversion EL‐14000 1,250,000 1,250,000 Colorado Distribution Feeder Outlet Replacement EL‐22002 400,000 400,000 Colorado Substation Site Improvements EL‐19002 650,000 650,000 East Meadow Circles 4/12kV Conversion EL‐17001 240,000 ‐ 240,000 Electric Utility Geographic Information System EL‐02011 160,000 ‐ 160,000 Foothills Rebuild (Fire Mitigation) EL‐21001 1,500,000 707,000 2,207,000 Inter‐substation Line Protection Relay EL‐17005 150,000 150,000 Rebuild Underground District 15 EL‐11003 ‐ 1,250,000 1,250,000 Rebuild Underground District 24 EL‐10006 282,000 282,000 Rebuild Underground District 26 EL‐16000 183,000 ‐ 183,000 SCADA System Upgrades EL‐02010 120,000 ‐ 120,000 Substation Breaker Replacement EL‐17002 ‐ ‐ ‐ Substation Physical Security EL‐16003 2,200,000 ‐ 2,200,000 523 ‐ Electric Fund Total 6,999,000 2,364,000 9,363,000 533 ‐ Fiber Optics Fund Fiber Optics Customer Connections FO‐10000 100,000 100,000 Fiber Optics Network ‐ System Improvements FO‐10001 79,000 79,000 533 ‐ Fiber Optics Fund Total 179,000 179,000 524 ‐ Gas Fund Gas Distribution System Improvements GS‐11002 250,000 250,000 Gas Main Replacement ‐ Project 23 GS‐13001 93,694 (94,000) (306) Gas Main Replacement ‐ Project 24 GS‐14003 1,980,000 (25,000) 1,955,000 524 ‐ Gas Fund Total 2,323,694 (119,000) 2,204,694 528 ‐ Stormwater Management Fund Corporation Way System Upgrades and Pump Station SD‐21000 2,964,200 155,000 3,119,200 Green Stormwater Infrastructure SD‐22001 500,000 500,000 Storm Drainage System Replacement And Rehabilitation SD‐06101 653,100 ‐ 653,100 Trash Capture Device Installation SD‐22002 506,000 95,000 601,000 613,000 613,000 West Bayshore Road Pump Station SD‐20000 350,000 350,000 West Bayshore Road Trunk Line Improvements SD‐23000 5,800 5,800 528 ‐ Stormwater Management Fund Total 4,979,100 250,000 5,229,100 613,000 613,000 527 ‐ Wastewater Collection Fund Wastewater Collection System Rehabilitation/Augmentation Project 29 WC‐16001 ‐ ‐ Wastewater Collection System Rehabilitation/Augmentation Project 30 WC‐17001 879,688 (464,000) 415,688 Wastewater General Equipment and Tools WC‐13002 109,000 109,000 Wastewater System Improvements WC‐15002 100,000 100,000 527 ‐ Wastewater Collection Fund Total 979,688 (355,000) 624,688 526 ‐ Wastewater Treatment Fund Advanced Water Purification Facility WQ‐19003 194,000 (46,000) 148,000 1,691,000 40,000 1,731,000 Horizontal Levee Pilot WQ‐22001 42,900 25,000 67,900 New Laboratory And Environmental Services Building WQ‐14002 2,572,600 ‐ 2,572,600 2,510,000 2,510,000 Outfall Line Construction WQ‐19000 10,582,800 10,582,800 10,582,800 10,582,800 Plant Repair, Retrofit, and Equipment Replacement WQ‐19002 6,985,100 867,000 7,852,100 Primary Sedimentation Tank Rehabilitation WQ‐14003 2,628,000 ‐ 2,628,000 12,632,000 5,000,000 17,632,000 Secondary Treatment Upgrades WQ‐19001 34,200 ‐ 34,200 4,462,000 ‐ 4,462,000 526 ‐ Wastewater Treatment Fund Total 23,039,600 846,000 23,885,600 31,877,800 5,040,000 36,917,800
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Capital Improvement Plan FY 2022 Reappropriations to FY 2023 ATTACHMENT B Fund Number and Name Project Title Proj. No. Adopted Reapp Final Reapp Total Reapp Adopted Reapp Final Reapp Total Reapp Expenses Revenues
522 ‐ Water Fund Water Distribution System Improvements WS‐11003 217,000 217,000 Water General Equipment/Tools WS‐13002 55,000 (25,000) 30,000 Water Main Replacement ‐ Project 28 WS‐14001 2,000,000 (200,000) 1,800,000 Water Main Replacement ‐ Project 29 WS‐15002 374,600 374,600 Water Meters WS‐80015 400,000 400,000 Water Regulation Station Improvements WS‐07000 548,150 (31,000) 517,150 522 ‐ Water Fund Total 3,377,750 (39,000) 3,338,750 682 ‐ Technology Fund City Council Chambers Upgrade TE‐19001 1,697,500 93,000 1,790,500 Development Center Blueprint Technology Enhancements TE‐12001 66,000 66,000 Enterprise Resource Planning Upgrade TE‐19000 2,029,000 2,029,000 Radio Infrastructure Replacement TE‐05000 259,900 259,900 Utilities Customer Bill System Improvements TE‐10001 130,000 130,000 682 ‐ Technology Fund Total 4,116,400 159,000 4,275,400 ‐ ‐ 681 ‐ Vehicle Replacement & Maintenance Fun Emergency Repair and Replacement VR‐15001 65,000 65,000 Scheduled Vehicle and Equipment Replacement ‐ Fiscal Year 2020 VR‐20000 1,413,700 (671,000) 742,700 Scheduled Vehicle and Equipment Replacement ‐ Fiscal Year 2021 VR‐21000 271,700 (72,000) 199,700 Scheduled Vehicle and Equipment Replacement ‐ Fiscal Year 2022 VR‐22000 1,069,000 (667,000) 402,000 681 ‐ Vehicle Replacement & Maintenance Fund Total 2,754,400 (1,345,000) 1,409,400 Grand Total 83,618,478 14,105,000 97,723,478 41,870,600 6,514,000 48,384,600
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CAPITAL IMPROVEMENT PLAN FY 2023 TECHNICAL CLEAN‐UP ACTIONS ATTACHMENT C Fund Name Department Proj. No. Title Description Expense Capital Improvement Fund Public Works PE ‐08001 Rinconada Park Improvements This project was over‐expended in FY 2022 and the budget increased by $109,000 as part of the FY
2022 Year‐End process. A corresponding decrease is
recommended in FY 2023 in order to maintain the
total project budget of $10.7 million over the life of
the project.
(109,000)
Electric Fund Utilities EL ‐98003 Electric System Improvements Council approved a three‐year contract (CMR 13953) to support undergrounding work in multiple
projects: Foothills Rebuild (EL‐21001); Electric
Customer Connections (EL‐89028); Fiber Optic
Customer Connections (FO‐10000); and Fiber Optic
System Improvement (FO‐10001). However, the
total contract amount for all the projects in all
three years instead of the anticipated first year
amount of the contract needed for this project was
entirely encumbered in this project in FY 2022 and
carried into FY 2023. This action will align funding in FY 2023 with planned work in this project by
reducing the budget from $9.5 million to $4.1
million.
(9,500,000)
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City of Palo Alto (ID # 14785)
City Council Staff Report
Meeting Date: 10/24/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of a Professional Services Agreement Contract Number C23185658 With BKF Engineers for the Amount of $900,000 Over a 3 -year Term for On-Call Surveying and Design Support Services
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or their designee to execute a contract with BKF Engineers (Attachment A) in the amount of $300,000 per year, for three years , for a total amount not to exceed $900,000, for on -call su rveying and design support services.
Background/Discussion
The City currently has one land surveyor on -staff who primarily handles grade checking for Public Works Capital Improvement Program (CIP) construction projects and administrative documents and doe s not have the time or capability to perform large surveys. The proposed on-call contract for surveying will augment the staff surveyor resource to meet this need. The proposed contract would replace a previous on -call surveying contract which will expire on October 22, 2022 (Staff Report ID #10699).
On July 7, 2022, the City released a Requ est for Proposals (RFP) for On-Call Surveying Services.
Seven proposals were received in response to the RFP but two proposals have been deemed nonresponsive. Public Works Engineering Services staff carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. Siegfried and BKF Engineers were ranked number one and two , respectively, on the first round of selection. On September 6, 2022 , staff conducted interviews with Siegfried and BKF Engineers to select th e top firm. BKF Engineers was selected as the top ranked proposer based on their presentation at the interview, hourly billing rates, in-house ability to perform surveying, studies, and design, as well as their familiarity with City projects and standards.
The scope of services of the on-call proposed contract includes providing on -call support to help advance street resurfacing projects, including the survey and drainage design for various City streets. The contract capacity allows for these professional services to be utilized for other CIP projects (including storm drain, parks, and buildings projects) requiring surveying, 7 Packet Pg. 160
City of Palo Alto Page 2
including large roadway survey needs. Work will be assigned to the consultant on a task order basis.
Summary of Solicitation Process
Name/Number On-Call Surveying Services RFP #185658
Proposed Length of Project 36 months
Number of Notices sent to Vendors via City’s
eProcurement System (PlanetBids) 2,271
Number of RFP Packages downloaded by
Consultants
19 Total Days to Respond 21
Pre-Proposal Meeting No
Number of Proposals Received: 5
Proposal Price Range N/A
Public Link to Solicitation https://pbsystem.planetbids.com/portal/ 25569/bo/bo-detail/95879
Resource Impact
Funding for on -call project work will be encumbered as survey and design task orders are issued and assigned to specific CIP project s. Task orders will be funded within existing CIP project budgets as approved by the City Council through the annual budget process.
Stakeholder Engagement
Stakeholder engagement will be conducted as necessary for each project. Over 2,000 notices were sent through the City’s public procurement process to notify potential service providers of this opportunity.
Policy Implications
This project is in conformance with the City of Palo Alto’s Comprehensive Plan and does not represent any changes to existing City policies.
Environmental Review
Council action on this item is not a project as defined by CEQA because a contract award for on-call surveying and design services is a continuing administrative or maintenance activity.
CEQA Guidelines section 15378(b)(2).
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City Council Staff Report
Meeting Date: 10/24/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approve the Parks and Recreation Commission Recommendation for a New Skate Park; Authorize the Friends of Palo Alto Parks to begin Fundraising; and Direct Staff to Support Outreach
From: City Manager
Lead Department: Community Services
Recommendation
The Parks and Recreation Commission (PRC) recommends that City Council:
A. Approve the following findings from the Parks and Recreation Commission:
1. A new skate park is needed in our community.
2. The area adjoining the existing Greer Park Skate Bowl is a suitable location for a new skate park (Attachment A).
3. A new skate park is a high priority among the projects identified in the Parks, Trails, Natural Open Space and Recreation Master Plan.
B. Authorize the Friends of the Palo Alto Parks to begin fundraising for the design and construction of a new skate park at Greer Park (Attachment A) and require that the fundraising earmark funds to conduct a parking analysis to identify peak usage times and determine if additional parking is needed prior to creating design plans.
C. Direct staff to support the process with community outreach during the design phase of the project once the Friends of the Palo Alto Parks have raised the necessary funds to design a new skate park.
Background
The skate bowl at Gr eer Park was constructed in 1990 and opened to the public in January 1991. The skate facility is a three -bowl complex consisting of three interconnected concrete bowls. The bowls are four, six and eight feet deep, with an island in the center bowl. The exi sting skate bowl and the surrounding paved area is 6,032 sq. ft.
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that require new styles of skate p arks. Almost 2,000 people have signed a petition asking for a new skate park with a good mix of street and transition features that would support skaters at all levels.
On April 12, 2021, City Council voted to refer a proposal (City Council Colleagues' memo) for a new skate park to the PRC to evaluate the need for a skate park, identify a suitable location, and prioritize a skate park facility within the Parks, Trails, Natural Open Space and Recreation Master Plan.
On April 27, 2021, the PRC formed a skate park Ad Hoc Committee. Staff, the Ad Hoc Committee, and a stakeholder group met numerous times over the last year to w ork on the three tasks that City Council referred to the PRC. On June 15, 2022, staff held a virtual community meeting to collect feedback on the concept of building a new skate park adjacent to the existing skate park at Greer Park. Twenty -one people participated in the meeting. There was broad support for the proposed location. There were numerous comments commending the process so far and for working closely with the skateboarding community to find the right location. The participants also encouraged staff to continue to work closely with the skateboarding community.
There were several comments of appreciation for preserving the existing skate bowl.
There was a question about the funding plan for the project and whether the City will contribute to the c ost of the project. Staff explained that the current idea is that it would be community funded. There were comments from several skate park advocates who mentioned that skate parks don’t have a standard size, and that the proposed space for a new skate park at Greer seems more than adequate.
Discussion
On July 28, 2022, the Parks and Recreation Commission reviewed and discussed the feedback from the Ad Hoc Committee, the skate park stakeholders, staff, and comments from the June 15, 2022 community meeting regarding the need for a new skate park, a suitable location for a new skate park, and the prioritization of a new skate park within the Parks, T rails, Natural Open Space and Recreation Master Plan (Staff Report).
The Commission was supportive of the analysis from staff and the Ad Hoc Committee and agreed with the proposed location for the new skate park. The Commission also praised the public engagement proc ess and the helpful work that the skate park stakeholder group has done.
The Commission asked staff to ensure that Greer Park field users were notified and informed about the proposed location of a new skate park. Staff reached out to all the regular Gree r Park field users (AYSO, Palo Alto Soccer Club, AAYSA, PSV Union, and Stanford Soccer Club) as well as City staff who sometimes program the fields for classes 8 Packet Pg. 163
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in advance of the community meeting and after the July PRC meeting. There were no questions or concerns from the field users.
The Commission asked about the impacts to the trees around the existing skate park.
Staff explained that impacts to trees would not be known until there is a design for the skate park; but that the park would be designed to a void impacts to trees wherever feasible. A City arborist surveyed the trees that are within the boundary of the proposed location for the skate park and identified the following trees:
• #255 Chinese Pistache 8” diameter
• #256 Chinese Pistache 7” diameter
• #257 Chinese Pistache 10” diameter
• #258 Patmore Ash 8” diameter
• #259 Chinese Pistache 4” diameter
• two small volunteer (self-seeded) Privet trees
There was also a question about impacts to the parking at Greer Park given that peak use times for the skate pa rk are likely to coincide with peak use on weekdays by after school sports practice and on weekends by sport field games. Impacts related to transportation and trees would be assessed in accordance with CEQA as well as for consistency with Council policies , Comprehensive Plan goals and policies, and City regulations once a conceptual design is proposed. CEQA would be completed prior to adoption of a Park Improvement Ordinance for this project.
On September 1, 2022, the PRC voted unanimously (6-0 vote, Bro wn absent) to recommend that City Council:
A. Receive the following findings from the Parks and Recreation Commission:
1. A new skate park is needed in our community.
2. The area adjoining the existing Greer Park Skate Bowl is a suitable location for a new skate park (Attachment A).
3. A new skate park is a high priority among the projects identified in the Parks Master Plan.
B. Authorize the Friends of Palo Alto Parks to begin fundraising for the design and construction of a new skate park at Greer Park (Attach ment A) and require that the fundraising earmark funds to conduct a parking analysis to identify peak usage times and determine if additional parking is needed prior to creating design plans.
C. Direct staff to support the process with community outreach during the design phase of the project once the Friends of Palo Alto Parks have raised the necessary funds to design a new skate park.
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Staff noted that the potential impacts to parking would be evaluated further during Planning Department review as part o f the Park Improvement Ordinance and Architectural Review process once a design is completed. As noted above, the commissioners recommended that fundraising earmark funds for conducting a parking study prior to evaluate the need for additional parking prior to developing project plans.
The Commissioners voiced their support for the project and highlighted the important role that Sam Kaplinsky , a youth community member, has had in advocating for a new skate park. Mr. Kaplinsky has been instrumental in suppor ting a new skate park and participated in stakeholder meetings.
If the City Council ultimately approves the recommendation in this staff report, it will help provide initial direction on this project. Staff will continue to return to the PRC and City Council to receive direction and approval for specific aspects of this project going forward. As this project progresses, City staff, the Friends of the Palo Alto Parks, and the skate park stakeholders will work cooperatively to develop a framework for how this project will move forward.
Timeline
October 2022 – Begin fundraising for skate park design and construction (pending City Council approval).
Resource Impact
The recommendations in this staff report would initiate private fundraising and public outreach for a new skate park, which would require staff time to coordinate the public outreach process. The Community Services Department currently has sufficient staff capacity to support the outreach process. It is not anticipated to require City funds to design or construct a new skate park.
If the fundraising campaigng is successful and a capital improvement project is created to construct a new skate park, additional staff resources will be required to manage the project. The City will be responsible for the ongoing maintenance of the new skate park. Once a new skate park is constructed, there will be increased operating and maintenance costs incurred by the City , which will be determined upon completion of the design of the skate park.
Stakeholder Engagement
• April 2021 to July 2022—numerous meetings with PRC Ad Hoc Committee, staff, and a skate park stakeholder group
• June 15, 2022--community meeting
• July 28, 2022--Parks and Recreation Commission meeting • September 1, 2022-- Parks and Recreation Commission meeting
Environmental Review
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Authorizing a third party to begin fundraising and design as well as authorizing staff to support outreach efforts to obtain input on the design does not meet the definition of a project under Section 21065 of the Public Resource s Code ( California Environmental Quality Act [CEQA] Guidelines Section 15378) because it would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Construction of the skate park would require approval of an architectural review application as well as a Park Improvement Ordinance. The pro posed design would be evaluated in accordance with CEQA once a plan detailing the proposed modifications is available to adequately assess the impacts of the proposed project. 8 Packet Pg. 166
City of Palo Alto (ID # 14541)
City Council Staff Report
Report Type: Action Items Meeting Date: 10/24/2022
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Summary Title: NVCAP Refined Preferred Plan Update
Title: PUBLIC HEARING: Staff Recommend the City Council Review the North Ventura Coordinated Area Plan (NVCAP) Refined Preferred Alternative, Take Public Comment, and Endorse the Refined Preferred Alternat ive Plan.
From: City Manager
Lead Department: Planning and Development Services
Recommendation:
Staff recommends that Council receive the staff presentation, offer comments, and endorse the refined North Ventura Coordinated Area Plan (NVCAP) concept.
Executive Summary:
The purpose of the NVCAP planning process is to capture the City’s vision for a 60 -acre area within the Ventura neighborhood in a regulatory document. The document would include land use policies, development standards, and design guide lines for future development. The neighborhood would include an improved transportation network, multi -family housing units, ground-floor retail spaces, public open spaces, and creek improvements. An interconnected street grid would take advantage of the a rea’s proximity to the Caltrain station, the California Avenue retail corridor, and El Camino Real arterial.
In summary, the Council -selected preferred plan creates a long -term build -out scenario that maintains the existing street network and enhances Por tage to become a woonerf 1 (limited accessway); provides bicycle improvements; represents a modest increase in residential units over what is existing; serves to continue an eventual transition of existing office space to other uses and offers the creation of park space and re-naturalization of Matadero Creek.
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The purpose of this report is to share a refined area plan concept showing more program details such as height transitions and a built -out scenario. Staff seeks feedback and direction on policy implications such as:
• Height transitions
• Use of Transportation Demand Management to address employment density • Implementing parking maximums
• Additional height for affordable housing site adjacent to cannery
Staff wants to ensure that the plan is aligned with t he Council’s vision for the area before commencing with environmental review and drafting the plan.
Background:
The City’s 2030 Comprehensive Plan adopted in 2017 called for site -specific planning in the North Ventura area. See the June 14, 2021, City C ouncil meeting staff report for more background information about the North Ventura area, the Coordinated Area Plan contents, and a summary of the public engagement process for the plan. 2 To help guide the planning process, the City Council adopted seven goals and six objectives contained in Attachment A.
Preferred Plan Concept
During the meetings with the NVCAP Working Group (WG), a range of plan concepts were developed that advanced City Council adopted goals and vision for the plan area. Several public hearings with the Planning and Transportation Commission (PTC) and the City Council occurred to present and discuss these alternative scenarios for the NVCAP project area. On January 10, 2022, the City Council endorsed a preferred plan concept and provide d the following direction in the form of a motion: 3
MOTION: Council Member DuBois moved, seconded by Mayor Burt that the Council confirm direction for the preferred plan for NVCAP with additional considerations:
A. Define a low-density R&D zone limiting employment density; B. 1.0 parking spot for 1 bedroom going to 2 spots for 2 bedroom + units, in parallel, refer to the Planning and Transportation Commission to make recommendations for analysis of appropriate parking based on the Fehr & Peers study and other studies and encourage mechanisms to discourage street parking;
2 June 14, 2021 City Council Staff Report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/2021/id-11930.pdf 3 January 10, 2022 City Council Staff Report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2022/20220110/20220110pccsm-linked-updated.pdf#page=150
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C. Deed restricted retail required in order to get 15’ first floor incentive; D. Eliminate workforce housing incentives or propose incentives separate from affordable housing and redefine qualifications for workforce housing; and E. Develop preferred park locations for larger park space and continue to explore the naturalization of the creek consistent with option 3;
F. Include 100% affordable housing height limits based upon the minimum height necessary for a five -story, retail affordable housing project or a six -story non-retail affordable housing project.
The motion represented a milestone in the NVCAP process and starting point for confirming a refined preferred plan.
Activities Since January 2022
Since the selection of the preferred plan, staff re -engaged with the consultant ( Perkins + Will) to complete the remainder of the tasks necessary to adopt the NVCAP. The primary focus of work since the Council meeting was to address Council’s direction and ref ine the preferred plan to enable drafting of focused policies and development standards to be compiled into a unified document.
Discussion:
The refined plan concepts discussed below address the City Council’s direction. The purpose of the concepts is t o create the framework for the draft NVCAP document. This meeting provides a check-in opportunity for the City Council and the community to offer any feedback before a very detailed and technical analysis occurs. Feedback on the concepts will be considered with the draft NVCAP.
There are other efforts either by the City or by outside organizations that may affect the draft NVCAP. These include the proposed Sobrato Development Agreement for 340 Portage Avenue (Cannery); the Metropolitan Transportation Comm ission’s (MTC) efforts on Planning Development Areas (PDA) Transit Oriented Communities (TOC) policy updates; the Palo Alto Housing Element update; and relevant State Assembly or Senate laws that may go into effect next year, including Assembly Bill (AB) 2097, which is explained later in this report.
340 Portage Sobrato Development Agreement
Earlier this year, the City Council Ad Hoc, staff, and representatives of the Sobrato Corporation (owner of 340 Portage Avenue) were in discussions regarding the subject site. The intent was to find common ground for the future use of the site, which is a key parcel within the NVCAP area.
The August 1, 2022, City Council staff report provides background on these discussions. 4 In
4 August 1, 2022 City Council Staff Report:
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summary, a potential development agreeme nt is under consideration for the site. The development agreement proposal would differ in some ways from the NVCAP plan concept; highlights of the key differences are shown in Table 1 below.
Table 1: Key Differences Between NVCAP and Sobrato Development Agreement Highlights NVCAP Plan Sobrato Development Agreement
Cannery Adaptive reuse Portion is demolished and existing R&D uses remain
Open space 2.1 acres for open space and creek 2.25 acres for open space and creek (Sitewide w/Sobrato DA total open space
for NVCAP would be 3.25 acres.)
Creek Concept #3 Modified Concept #2 or 3
Housing Townhouses 74 Townhouses & 1-acre affordable
housing site (units TBD)
Office space R&D to remain but transition over
time to other uses
R&D to stay in remaining portion of
cannery building and would be
established in the Audi building; the
existing Ash office building would remain.
MTC Planned Development Area - Transit Oriented Communities (TOC) Policy Update The NVCAP is within a designated PDA, which allows the C ity to be eligible for specific grants to assist with planning activities. For example, the City was successful in receiving a grant for the development of the NVCAP. The proposed TOC Policy will replace the 2005 Transit -Oriented Development (TOD) Policy. The proposed TOC policies would apply to PDAs that are served by fixed-guideway transit such as the California Avenue Station (Caltrain). To provide jurisdictions time to comply with TOC Policy requirements, MTC proposes to prioritize regional discretionar y funding through the One Bay Area Grant (OBAG3) program and the Regional Early Action Planning Grants of 2021 (REAP 2.0) program for planning in geographies subject to the TOC Policy. The following table compares the differences in development standards b etween the proposed NVCAP and the TOC policies based on the level of service at the California Avenue Station.
Table 2: NVCAP & PDA TOC Comparisons
Development Standard NVCAP PDA TOC
Residential min density 16 DU/AC* 50 DU/AC
https://www.cityofpaloalto.org/files/assets/public/agendas -minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220801/20220801pccsmlinked.pdf#page=5
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Required allowed residential
density
30 and no max for sites along
El Camino Real*
75 DU/AC
Office density min/allowed 0.5:1 FAR* 2.0:1 FAR to 4.0:1 FAR Residential parking 1 space per bedroom (2 max
per unit)
1 space per unit max
Commercial parking 4 spaces per 1,000 SF (1
space per 250 SF)
2.5 spaces per 1,000 SF (1
space per 400 SF)
*Existing zoning requirements and may change with the NVCAP.
As shown in Table 1, the proposed NVCAP development potential is not anticipated to be aligned with the MTC TOC policies and therefor e making the City ineligible for certain funding opportunities in the future.
Palo Alto Housing Element Update
The State requires that the City update its Housing Element by January 2023. Two significant components of the update are the identification of sites to meet the City’s regional housing needs allocation and the creation of goals, policies, and programs to spur housing production.
The NVCAP area includes 15 properties identified by the Housing Element as opportunity sites that could help the City meet its housing needs (unit yield of 348). In addition, several policies may affect the NVCAP area such as the expansion of the Housing Incentive Program (HIP). The Council adoption of the 6th Cycle Housing Element is expected to follow a similar timeline as the NVCAP adoption.
State Law Changes Effective January 1, 2023
The California State Legislature passed and the Governor signed AB2097 that eliminates minimum parking requirements for all uses/development, except for hotels within ½ mile of public tra nsit. This bill will affect the majority of the properties within the NVCAP. The new requirements will go into effect on January 1, 2023 , ahead of the anticipated adoption of the NVCAP.
Consistent with the requirements of AB 2097, staff proposes the NVCAP not include any minimum parking requirements where none may be imposed. Staff does propose to implement ‘parking maximums’ consistent with the minimum requirements previously recommended by the Council:
• One parking spot for 1-bedroom going to two spots for 2-bedroom + units.
This requirement would align with the goals of reducing greenhouse gas emissions and traffic.
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Area Plan Components
The following describes the various components of the NVCAP. Where applicable, each component includes a correspond ing NVCAP goal and/or objective being met as well as a specific City Council motion item being addressed.
Housing
Table 3 summarizes the anticipated build -out of the NVCAP for residential and non -residential uses. This is helpful in understanding the prop osed intensity for the plan area. Overall, it is not anticipated that there would be significant turnover or growth in the plan area.
Table 3: Development Capacity for NVCAP
Land Use Existing NVCAP + Existing
Housing Units (Realistic) 142 670
Office SF 744,000 466,000
Retail SF 111,200 103,700
To facilitate housing development and to be sensitive to existing lower intensity development, the plan anticipates lower intensity development such as townhouses near existing residential and higher intensity m id-rise or mixed -use development elsewhere. This component would be consistent with Goal #1 to increase housing and enhance land uses. Figure 1 illustrates the anticipated building typologies for the plan area.
These typologies identify the
types, heights, densities of
residential and mixed-use
that are feasible.
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Figure 1: Residential & Mixed-Use Building Typologies
Figure 2 provides an axonometric illustration of the possible build -out of the plan area envisioned by the plan goals and objectives.
Figure 2: Axonometric Exhibit of the NVCAP
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To bolster the City’s affordable housing program, new residential projects would require 20% inclusionary below market rate (BMR) for for -sale townhouses, 15% inclusionary BMR for for - sale condominiums and rental projects. Where applicable and in accordance with the Palo Alto Municipal Code, in-lieu fees may be paid.
The City Council motion in January 2022 discussed amending the City’s Workforce housing overlay. Amendments to the overlay are a part of the upcoming Housing Element update and are expected to be completed outside of the NVCAP process.
Height/Density and Transitions (Motion Item F)
The plan envisions placing higher building heights and as a result more units on El Camino Real and Page Mill Roa d, where multifamily and residential mixed -use buildings with ground floor retail would be permitted. Transition between higher intensity/height areas and existing single - family homes through height transitions would be established. See Figure 3 for the pr oposed heights within the plan area. This would be consistent with Goal #6 to balance community wide objectives.
In keeping with the Council’s motion, projects with 100% affordable housing may achieve heights that accommodate six stories for residential o r five stories for mixed -use with retail on the first floor. The Sobrato DA alternative does include an affordable housing site adjacent to the cannery (depicted as an ‘L’ shape in Figure 3). Staff seeks confirmation from the Council to allow greater heigh t to that site for an affordable housing project up to seven stories to accommdate at-grade parking given the anticipated challenges hav ing below ground parking at that location. Conceptually this would include two levels of at and above grade parking and five stories of affordable housing above.
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Figure 3: Exhibit Showing Height Limits
One of the key concerns of the public has been the transition from lower-density development to more intense development. In the past, the ARB has been supportive of ad jacent development having a one -story transition in height. Therefore, staff seeks feedback from the City Council on whether that concept can be applied to the NVCAP. An example of this is for the properties adjacent to El Camino Real and Page Mill Road wh ere R -1 properties are directly behind. This transition is presented for the potential building envelope. This accounts for the potential development consistent with the zoning standards, which may be larger than the existing building footprint or taller t han the existing building. The proposed maximum height would be 55 feet for the frontages of the properties, then coming down to 45 feet (one story above the adjacent R -1 properties with a 30-foot height limit that are separated by an alley/roadway). Figure 4 provides an illustrated cross -section of the proposed height transition. 9 Packet Pg. 175
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This would allow for more flexibility in design as well as being sensitive to lower-intensity development.
Figure 4: Cross-section of Height Transition
Mobility
One of the goals of the NVCAP is to create a connected street grid for the area (Goal #3). Figure 5 demonstrates how this goal would be implemented. The overall program would seek to:
• Provide bicycle improvements (widen bicycle lanes)
• Remove on-street parking in certain areas
• Reduce curb cuts
• Provide speed humps or raised intersections
• Create a woonerf for the private portion of Portage Avenue • Provide new bicycle and pedestrian connections
Overall, the program would also meet Goal #2 (create transit, pedestrian, and bicycle connections) and Objective #1 (data-driven policy development).
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Figure 5: Mobility Exhibit
Open Space (Motion Item E)
In keeping with the Council’s motion, the plan envisions larger park spaces as identified on Figure 6. The plan also support s the full naturalization of Matadero Creek shown in Figure 2.
The target range of parkland is 1.6 acres/1,000 residents to 1.7 acres/1,000 residents.
The plan also considers the woonerf as a part of the open space program that would accommodate multi -modal access but deemphasizes vehicles in favor of pedestrians and cyclists. The open space program would be consistent with Goals #4 (mindful integrations of new facilities and infrastructure) and #5 (balance community-wide objectives).
Office
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The plan woul d allow existing large -format office floor area to continue. These uses are concentrated within the GM and ROLM zoning districts. Once the use discontinues or buildings are demolished these office spaces may not be rebuilt.
The plan would allow new, grou nd-floor, small, professional offices such as dentists, etc. that are 5,000 square feet or less in size to locate within the plan area.
Retail
The plan would encourage and allow ground floor retail space. The plan would encourage active-ground floor uses, which can be retail or retail -like. Retail space would be required along El Camino Real.
340 Portage (Cannery)
The 340 Portage property is 12.65 acres in size and the largest property in the NVCAP area.
There has been a lot of discussion regarding this property in the past mainly because of the use of the cannery building. More recently, as mentioned previously, the City and the property owner were in discussions regarding a development agreement.
The NVCAP envisions maintaining the cannery building an d the Ash office building and allowing for two possible uses of the buildings: (1) continued use as retail and office space or (2) adaptive reuse into housing (transition to housing as a long -term vision). The plan would also allow the development of housing on the remaining portions of the parcel, specifically, the two remaining surface parking lot areas. The Ash building should be considered as a ‘creative arts’ space.
Additional setbacks are needed to accommodate easements and the acquisition of property for the renaturalization of Matadero Creek that bisects the site.
395 Page Mill (Cloudera)
The 395 Page Mill property is 9.87 acres and is the second largest property in the plan area. The plan envisions retaining the existing office building and parki ng garage while allowing for multi - family housing up to 55 feet in height on the remaining surface parking lot.
Residential Parking Ratio (Motion Item B)
The City Council motion recommended the residential parking ratio as one (1) space per bedroom, capped at two (2) spaces per unit. Given AB2097, staff recommends maintaining the parking cap for residential and exploring parking caps for other uses. Staff will still need to confirm with the Planning & Transportation Commission regarding further recommendat ions on parking taking into consideration the Fehr and Peers parking study and other studies. In addition, staff will explore ways to discourage street parking.
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Commercial Parking Ratio
The NVCAP would implement a blended standard of one (1) parking spac e per 250 square feet of floor area, which is similar to the University Avenue parking district. Another standard is to exempt the first 1,500 square feet of ground floor commercial area from parking requirements.
AB2097 as described in the previous section would also apply to commercial uses.
Employment Density (Motion Item A)
The Council’s motion provided direction for the plan to include a Research & Development (R&D) zone that defines limited employment densities. This motion stemmed from the NVCAP’ s use of Santa Clara Valley Transportation Authority’s (VTA) congestion management plan (CMP) employment density figures to determine the number of employees projected to be within the plan area upon buildout. Staff and consultants conducted research on ho w to limit employee occupancy within buildings. There is no example of a regulation that exists and it would be challenging to implement and enforce an occupancy limit that differs from fire and building occupancy codes.
Staff acknowledges that any employ ment density figure used would fluctuate over time depending on the state of the economy. For instance , prior to the COVID -19 pandemic, the trend was to increase the number of employees in an office space. However, since the pandemic began, office densitie s have decreased. While it is uncertain to determine the exact trend going forward, staff acknowledges that the issues with the increased amounts of employees in the office are related to single-occupant vehicle trips and parking associated with single-occupant vehicle trips by employees.
To address the issue, staff proposes to create a traffic target associated with a low employment density zone and implement a Transportation Demand Management (TDM) program that would reduce single -occupant vehicle trips meeting that target . This would also apply when existing offices are replaced with new tenants. This TDM program would require annual reporting to ensure compliance with the established targets.
Summary of Key Issues / Policy Implications:
This report sum marizes staff’s response to the City Council’s direction on the NVCAP concept and seeks endorsement of the refined NVCAP preferred plan to move forward. This effort seeks to confirm the following:
• Height transitions
o Confirming ARB approach to support a one-story transition in height • Approach towards negative effects of employment density o Confirming the use of TDM
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• Parking regulations considering the passage of AB 2097 o Confirming implementation of AB 2097 and using parking maximums • Height for affordable housing site associated with Sobrato DA o Confirming additional height for future site
Resource Impact:
The NVCAP project is currently funded and no further funding is requested at this time to complete the project. The majority of the NVCAP project funding is from the Valley Transportation Authority (VTA) Priority Development Area grant ($638,000). Per the grant agreement, the City must complete this NVCAP project by December 1, 2023, or risk forfeiting the grant funds. In that scenario, the City would need to repay any grant funds expended on the project.
Timeline:
After the endorsement of a refined plan, the consultant will create a draft of the NVCAP and complete technical studies to support the conclusions of an environmental analysis consistent with the Ca lifornia Environmental Quality Act (CEQA). Staff intends to check in with the ARB and the PTC during this period. After a draft plan is completed, staff will return to the PTC and City Council for recommendation and adoption of the NVCAP before the end of 2023. The following are tentative key milestones and hearing dates:
• December 2022: Commence technical studies for CEQA document • February 2023: PTC check in meeting
• March 2023: Draft CEQA document
• April 2023: ARB check in meeting
• May 2023: ARB Follow up meeting
• June 2023: Draft NVCAP
• July 2023: PTC plan recommendation
• August 2023: City Council plan adoption
Stakeholder Engagement:
It is not anticipated that any additional WG meetings will occur. However, additional public meetings with the PTC, ARB and City Council are expected to occur throughout the remainder of the process. In addition, the NVCAP project website will transition from being hosted by a 9 Packet Pg. 180
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third-party and relaunch within the City’s website including all past information and upcoming events information.
Environmental Review:
The action being considered does not constitute a “project” within the meaning of CEQA pursuant to CEQA Guidelines section 15378(b)(4) in that it is an informational report. Overall, prior to any adoption of the NVCAP, it is expected that an addendum to the 2030 Comprehensive Plan Environmental Impact Report would be completed.
Attachments:
Attachment9.a: Attachment A_Council Adopted Goals (PDF) 9 Packet Pg. 181
North Ventura Coordinated Area Plan
Project Goals, Objectives, Milestones and Proposed Boundary February 12, 2018
Proposed NVCAP Goals
1. Housing and Land Use
Add to the City’s supply of multifamily housing, including market rate, affordable, “missing middle,” and senior housing in a walkable, mixed use, transit -accessible neighborhood, with retail and commercial services, open space, and possibly arts and entertainment uses.
2. Transit, Pedestrian and Bicycle Connections
Create and enhance well -defined connections to transit, pedestrian, and bicycle facilities, including connections to the Caltrain st ation, Park Boulevard and El Camino Real.
3. Connected Street Grid
Create a connected street grid, filling in sidewalk gaps and street connections to California Avenue, the Caltrain Station, and El Camino Real where appropriate.
4. Community Facilities and Infrastructure
Carefully align and integrate development of new community facilities and infrastructure with private development, recognizing both the community’s needs and that such investments can increase the cost of housing.
5. Balance of Community Interests
Balance community -wide objectives with the interests of neighborhood residents and minimize displacement of existing residents.
6. Urban Design, Design Guidelines and Neighborhood Fabric Develop human-scale urban design strategies, and design guidelines that strengthen and support the neighborhood fabric. Infill development will respect the scale and character of the surrounding residential neighborhood.
Proposed NVCAP Objectives
1. Data Driven Approach: Employ a data- driven approach that considers community desires, market conditions and forecasts, financial feasibility, existing uses and development patterns, development capacity, traffic and travel patterns, historic/cultural and natural resources, need for community facilities (e.g., schools), and
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other relevant data to inform plan policies.
2. Comprehensive User Friendly Document and Implementation: Create a comprehensive but user-friendly document that identifies the distribution, location and extent of land uses, planning policies, development regulations and design guidelines to enable development and needed infrastructure investments in the project area
3. Guide and Strategy for Staff and Decision Makers: Provide a guide and strategy for staff and decision -makers to bridge the gap between the goals and policies of the Comprehensive Plan and individual development projects in order to streamline future land use and transportation decisions.
4. Meaningful Community Engagement: Enable a process with meaningful opportunities for community engagement, within the defined timeline, and an outcome (the CAP document) that reflects the community’s priorities.
5. Economic Feasibility: A determination of the economic and fiscal feasibility of the plan with specific analysis of market place factors and incentives and disincentives, as well as a c ost-benefit analysis of public infrastructure investments and projected economic benefits to the City and community.
6. Environmental: A plan that is protective of public health and a process that complies with the requirements of the California Environmental Quality Act.
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City of Palo Alto (ID # 14692)
City Council Staff Report
Report Type: Action Items Meeting Date: 10/24/2022
City of Palo Alto Page 1
Summary Title: Permanent Parklet Program Discussion and Direction Title: Review and Provide Direction to Staff on the Draft Permanent Parklet Program Standards and Policies; Adopt an Interim Ordinance and Resolution to Continue the Pilot Parklet Program an d Other On -Street Uses During Transition Period; and Direct Staff to Return with Legislation Implementing a Permanent Parklet Program
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that the City Council:
1. Review and provide direction to staff on:
a. the proposed permanent parklet standards (Attachment A) b. parklet fees to be collected and specifically the Parklet License Fee ( for use of public right of way);
c. requirement for a neighbor consent letter if the parklet extends past the parking space(s) directly in front of the permittee; and,
d. other operational and design considerations as appropriate.
2. Adopt the interim ordinance and resolution currently set to expire on December 31, 2022, to extend the temporar y parklet program to June 30, 2023 , and allow the other on-street and parking lot dining and retail programs to December 31, 2023.
Executive Summary
Council is requested to review the draft permanent outdoor parklet design standards presented in this report, provide general comments and specific guidance on discrete policy issues related to fee amount for the use of the right -of-way, and other operational clarifications. Following Council direction, staff will refine the standards and anticipates returning this December with a formal ordinance to enact the program. Staff will also return with an amendment to the 10 Packet Pg. 184
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municipal fee schedule to enact parklet fees and a budget request for consultant funding to initially staff the work effort.
Enforcement of t he permanent parklet standards is expected to start on July 1, 2023.
Accordingly, staff recommends the City Council extend the interim program through June 30, 2023, with some modifications to better align the interim program with the direction the City is taking for permanent standards. Pending Council feedback on this item, staff will proactively work to identify and onboard necessary resources to implement Council direction. Formal budget adjustments will likely be included either as part of the ordinance ap proval or FY 2023 Mid-Year Budget Review to align appropriated funds with program needs.
Background
Throughout the United States , outdoor dining became an important aspect of life during the COVID-19 pandemic. For many restaurants, offering outdoor dining allowed them to remain open and endure the pandemic. For customers, particularly in California and the Bay Area, outdoor dining became a way to enjoy the company of others with decreased risk of spreading COVID. Palo Alto, like many cities, allowed parklets for the very first time to aid local businesses and provide a place for residents to gather. The pilot parklet program was generally well- received by residents, patrons, and restaurateurs.
Since the implementation of the pilot program, roughly 28 parkl ets have been built in downtown Palo Alto, allowing residents to gather and businesses to operate in a safe way.
However, the pilot parklet program and guidelines 1 were developed with a focus on reducing risk and maximizing safety for parklet patrons, moto rists, and pedestrians. Due to the emergency nature of the program’s development, not all operational logistics and design standards were included.
While expedient, the design and subsequent implementation of the pilot program and guidelines have led to a wide range of parklet designs and operations. Some have expressed concern about the lack of aesthetic standards and variable quality. Compliance with the guidelines has also varied greatly between permit holders. Staff continues to document and provide no tices of violations to permit holders , though compliance and corrections remain challenging. In addition, businesses and property owners have raised concerns over parklets’ encroachment over neighboring business frontages regarding both enforcement of guid elines and lack of support/consent.
History of Pilot Parklet Program
1 Pilot Parklet Guidelines: https://www.cityofpaloalto.org/files/assets/public/city -manager/communicationsoffice/ uplift-local/updated-parklet-guidelines-3.17.2022.pdf
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In 2020, Palo Alto expanded opportunities for outdoor dining in response to the COVID -19 pandemic, including a pilot parklet program.
On June 23, 2020, the City Council adopted Ordinan ce No. 5500, which temporarily permitted businesses, such as restaurants, retail, and personal services to operate outdoors on both public and private property in lieu of normal zoning and parking requirements.
Ordinance 5500 was adopted as an emergency ordinance based, in part, on the presence of restrictions prohibiting many indoor business operations due to the COVID -19 pandemic and associated Public Health guidelines. 2 At the same time, the City Council approved Resolution 9909, which provided additional implementation guidelines for the pilot parklet program.
On April 19, 2021 3, the Council directed staff to “Develop a permanent parklet program with the input of the Architectural Review Board” and directed staff to draft a resolution extending the pilot parklet program to December 31, 2021. That ordinance passed on June 22, 2021. On September 13, 2021, the program was extended again to a new sunset date of June 30, 2022.4 On May 5, 20225 City staff presented draft standards for the permanent parklet p rogram to the ARB and then to the City Council on May 9, 2022, 6, 7 to receive initial feedback on draft program standards and operational items. The Council staff report focused on three aspects of the program:
(1) Parklet Design and Operation Standards for Safety and Aesthetics – Minimum requirements for parklet design, construction, and operation by permit holders. (2) Efficient Permitting and Program Operations – Ensuring applications can be received and reviewed, that construction can be inspected, and tha t compliance with standards remains enduring.
(3) Compensation Structure for the Use of Public Space – Determining the right charge for the private use of public space for parklet construction and operation.
2 Adopted by Palo Alto City Council on June 23, 2020; https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/reports/city-manager-reports-cmrs/year-archive/2020/id-11439.pdf. 3 Action Minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendasminutes/ city-council-agendas-minutes/2021/04-19-21-ccm-action-minutes.pdf 4 Staff report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city- council-agendas-minutes/2021/09-september/20210913/20210913pccsm-amended-linked-final-council-qa.pdf 5 Staff Report: www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendasminutes/ architectural-review-board/2022/arb-05.05.2022-public-agenda.pdf 6 May 9 CMR: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city- council-agendas-minutes/2022/20220509/20220509pccsmamended-linked.pdf 7 May 9 minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas- minutes/city-council-agendas-minutes/2022/20220509/20220509amccs.pdf 10 Packet Pg. 186
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The May 2022 meetings resulted in a robust discour se and valuable feedback. The Council also extended the temporary program to the end of 2022, allowing for the ARB, staff, and the community to continue to refine the permanent program.
ARB Review
The Architectural Review Board (ARB) provided feedback o n the standards on May 5, 2022, and July 21, 2022, and recommended several changes. The July staff report 8, meeting minutes 9 and video10 are viewable on the City’s webpage. The Architectural Review Board, including an ad hoc subcommittee, reviewed and provi ded input on the standards. The proposed standards (Attachment A) contain the ARB’s revisions (except for the ARB’s allowance for the use of propane fire pits and decorative elements) and are recommended for adoption (5-0 vote of ARB members).
The ARB recommended modifications to:
• allow clear panels above 36 inches,
• allow propane-fueled fire pits and decorative elements, • require conductors to be in conduit with one conduit per parklet that was finished to match the décor of the parklet,
• allow amplified sound in parklets with a time and decibel limit prepared by staff, • prohibit televisions, and strike “shall not exceed 6 inches” from Item 6a regarding the height of any plants contained within planters.
Outreach History
On April 27 th, staff met with nine (9) members of the Palo Alto business community to provide of preview of proposed permanent parklet program standards. The group included restaurant owners and property owners in the Downtown and one restaurant/business owner from California Avenue. Staff reviewed key areas of change being proposed to city decision -makers for feedback. The key topics and corresponding feedback from the meeting are summarized below:
• Design Standard Feedback
o Planters and Landscaping
▪ Concerns about planters/ required landscaping due to maintenance. ▪ Removing the landscaping requirement could allow for more creativity. ▪ If the City is requiring the planters, could they be provided?
8 ARB July 21, 2022 staff report https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/architectural-review-board/2022/arb-07.21.2022-parklet.pdf 9 ARB July 21, 2022 meeting minutes https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/architectural-review-board/2022/arb-08.18.2022-minutes-07.21.2022.pdf 10 ARB July 21, 2022 video https://midpenmedia.org/architectural-review-board-7212022/
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o Transparency and Side walls
▪ Most business owners felt that their parklet patrons need protection from wind and sun by way of parklet siding.
▪ One business owner felt that “Not allowing side walls feels like a program killer”.
• Power Supply Feedback
o Concerns over cost of electric connectivity and potential retrofitting. o Most folks felt that propane shou ld be allowed for businesses that have the space and capabilities.
o Someone felt that saying ‘no propane’ is unnecessary —if the guidelines are being followed, they should be allowed.
• Program Cost Feedback
o Some feel it should be free given the revenue bein g provided to the City through sales tax.
o Some expressed the need to pay for the public space being utilized for a private use/business.
In addition to focused feedback, there were a few general comments including that it would be helpful to have the standards provided through example plans for businesses to utilize for their respective applications. The business owner in the group suggested having design guidelines that were flexible enough for a future tenant to take over the parklet without too much tro uble or need for retrofitting.
Staff have taken these comments into consideration and addressed them throughout the development of the permanent program. Additionally, the permanent program is informed by the experience of over 38 parklets that now exist throughout Palo Alto and a review of permanent parklet programs in other cities. Staff carefully considered how to balance safety, aesthetics, the public realm, and the needs of local businesses and the public.
Discussion
The pilot parklet guidelines 11 were developed and focused on reducing risk and maximizing safety for parklet patrons, motorists, and pedestrians. Due to the emergency nature of their development, aesthetic considerations were not included. While expedient, the design and subsequent impleme ntation of the pilot guidelines have led to many parklet designs and operations.
In contrast, the draft permanent parklet standards are being developed to focus on both the safety and aesthetics of parklets in Palo Alto. The objective is for the permanen t standards to
11 Pilot Parklet Guidelines: https://www.cityofpaloalto.org/files/assets/public/citymanager/ communicationsoffice/uplift-local/updated-parklet-guidelines-3.17.2022.pdf 10 Packet Pg. 188
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better serve the program’s intended purpose of adding vibrancy to the public realm and enhancing the civic experiences of diners, pedestrians, motorists, and cyclists.
Proposed Parklet Standards
The proposed permanent standards have been refined since the Council’s last review in May.
Attachment A contains the draft permanent standards which include provisions addressing parklet location and setbacks; parklet design; operational standards; and permit requirements.
Some changes from the previous review include the deletion of propane heaters and decorative elements; provisions for clear sidewalls above 36 inches and amplified sound in compliance with the City’s noise ordinance; a requirement for a three -foot emergency exit every 20 linear feet of parklet; and, allowance for certain fabric shade sails but not tents. Attachment D includes a strikeout/underline version comparing the updated proposed standards to the standards reviewed by Council in May.
The City Council is encouraged to review the standards in Attachment A and identify any concerns or modifications that are needed. Staff intends to memorialize these standards through an ordinance establishing a permanent parklet program in December. These draft standards, if endorsed by Council, will also serve to provide parklet operators the opportunity to plan parklet design changes that may be necessary to comply with the new provisions. These standards can be modified administratively in the future by the Director of Public Works or by action from the City Council.
As staff finalizes program details, the subject public meeting provides an opportunity for Council to reaffirm the direction staff is taking on certain program components. For most of the items below, staff recommendations will b e incorporated into the final draft standards unless Council directs otherwise. For the Parklet fee schedule topic, staff seek s Council guidance on the license fee that should be established for the parklet use of public land. These specific topics that are expanded upon below include:
• Parklet Location / Areas of Applicability
• Parklet License Terms
• Parklet Fee Schedule
• Parklet Neighbor Consent Letter
• Parklet Propane Prohibition
Parklet Location / Areas of Applicability
The permanent program would contin ue to allow outdoor dining parklets in the commercial areas of University Avenue and its intersecting cross streets. The standards would also apply to commercial portions of California Avenue except areas currently closed to vehicular traffic. The standards were drafted to include Ramona Street and could extend to the California Avenue road closure following the City’s completion of Alternatives Analysis previously directed by 10 Packet Pg. 189
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Council. One of many considerations to be explored for California Avenue incudes coordination of the Famer’s Market. Staff will schedule a discussion with the City Council regarding the closed portions of California Avenue at a future date.
The parklet program could also be extended to other commercial areas of the City over time but staff recommends initially it apply only to areas that currently allow parklets.
Parklet License Terms
The permit will contain a limited-use license authorizing the permittee to use a specific right-of- way area for the parklet. Like other leases and li censes issued by the City, permittees will be required to have insurance, indemnify the City against permittee negligence, and be liable for damage to City property. Parklets will be required to comply with the Americans with Disabilities Act and not block City facilities such as bike racks, utility vaults , and other infrastructure. Permittees will have to remove their parklet in case the City needs access to the street, utilities, or adjacent infrastructure, such as in cases of utility line emergencies or road maintenance. The license will be fully integrated with the permit; uses besides parklets will not be allowed. The parklet license (and permit generally) will have a one-year term.
Parklet Fee Schedule
A parklet permit and initial application/inspection fee will be required to establish a parklet under the permanent parklet program. Unless otherwise directed by Council, this fee will be set at a cost-recoverable flat rate based on the amount of time it takes to process the application .
This fee will also include a share of the ongoing program administration costs related to staffing the program to provide customer service, ensure compliance with parklet standards (code compliance), respond to complaints, conduct regular site inspections and related tasks. While staff will refine this cost following Council direction, it is estimated this initial permit fee would cost between $1,000 and $2,000. The annual renewal fee is expected somewhat less because it does not require the same level of staff work to review a new parklet plan set.
A policy consideration for the City Council to evaluate is whether the initial parklet permit and renewal fees should also include a share of the City’s increased costs for sidewalk and street cleaning associated with the p arklet uses. If so, the permit fees would increase by approximately two to three thousand dollars for a total initial permit fee ranging from $3,000 to $5,000, not including the annual license fee described below.
The City Council may also want to consid er requiring a security deposit from the parklet operator to address unrepaired damages to the roadway or scenarios when the City may need to forcibly remove a parklet. A security deposit would place an addition al upfront cost that would be refunded if not used and would require more administrative staff oversight. The security deposit would be based , in part, on the estimated number of hours it would take to 10 Packet Pg. 190
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remove a parklet and potentially store any private property. Staff estimates a typical two-space parklet would take approximately 48 labor-hours to deconstruct, remove, and restore the area for an estimated cost of approximately $3,000.
Lastly, based on prior Council direction, a license fee for use of the public right of way would be required. Unlike the fees above that are based on staff time and program administration costs, this fee could be set based on the Council’s reasonable assessment of the value of land used by the parklet operator.
Staff seeks the Council’s direction on where to set the license fee.
After reviewing peer city approaches, staff proposes establishing a rate per square foot using current ground floor retail lease rates and applying a “discount” to account for the public right - of-way's features being unfinished with no electricity, roof, walls, heat, etc., and adjacent to the travel lane.
Table 1 summarizes three different rental rate options assessed at 100% of the value and yields an annual fee per parking space used in a parklet. Table 2 provides a sliding scale whereby th e Council could assign an adjustment rate (subsidy) to each of the three fee options.
Table 1: Fee Comparison Using Palo Alto Ground Floor Retail Rental Rates Ground Floor
Retail Rental
Rates
RATE ADJUSTMENT
(% of rate)
ANNUAL
FEE/SPACE Notes/Background
Downtown $63/sq ft 100% $12,600
Average parking space is 200sqft. Palo Alto
(Downtown) Average Commercial Rental Rate
is $63/sqft/month
All Palo Alto $57/sq ft 100% $11,400
Average parking space is 200sqft. Palo Alto (All)
Average Commercial Rental Rate is
$57/sqft/month
All of Palo Alto,
Excluding
Downtown
$30/sq ft 100% $6,000
Average parking space is 200sqft. Palo Alto (All,
excluding downtown) Average Commercial
Rental Rate is $30/sqft/month
Note: Dollar amounts represent annual rates.
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Table 2: Fee Adjustment Comparison
Adjustment Rate (% of
current rents)
Downtown
($63/SQFT)
All Palo Alto
($57/SQFT)
All Palo Alto, excl.
Downtown ($30/SQFT)
10% $1,260 $1,140 $600
20% $2,520 $2,280 $1,200
30% $3,780 $3,420 $1,800
40% $5,040 $4,560 $2,400
50% $6,300 $5,700 $3,000
60% $7,560 $6,840 $3,600
70% $8,820 $7,980 $4,200
80% $10,080 $9,120 $4,800
90% $11,340 $10,260 $5,400
100% $12,600 $11,400 $6,000
Note: Dollar amounts represent annual rates.
Included with this report in Attachment C is a list of peer review cities and fees associated with their respective parklet programs.
In the future , it is possible that additional permit fees may be required to recover the costs of moving existing bike racks to allow parklets to operate in the adjacent rig ht-of-way, but such costs are unable to be quantified at this time . As the permanent program is developed and implemented the Office of Transportation will monitor these costs and may bring forward a future request to adjust permit fees if needed.
Parklet Neighbor Consent Letter
During the current pilot parklet program, the City has received complaints from some in the community that parklets impede the visibility or perceived access to neighboring commercial spaces. This has created some conflicts betwe en a parklet owner’s desire to have a more expansive parklet and an adjacent tenant’s interest in maintaining visual access to potential customers.
Based on staff research of other jurisdictions ’ parklet programs, there are a variety of approaches that can be used to receive consent (or not) from adjacent neighboring businesses.
Generally, there are four approaches:
1) City requires a letter of consent for all parklets,
2) City requires a letter of consent if the parklet extends over a neighboring storefront, 3) City does not require a letter of consent, or
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Staff’s recommendation is similar to San Francisco’s approach, which is outlined in their Shared Spaces Manual 12 (effective April 2023), but instead of requiring consent from either the adjacent property owner or tenant, staff recommends requiring consent from both the neighboring tenant and owner if a parklet occupies more than half of a marked parking space is not in front of the a pplicant’s storefront, or if any part of an unmarked parking space is not in front of the applicant’s storefront . Consent would be established through letters of support , which staff believes could address the concerns that have been experienced in Palo Alto.
Some additional highlights from San Francisco’s parklet program guidelines that staff would incorporate into the local program include the following:
• Consent is provided for the permittee’s upcoming permit cycle, which may last up to 12 months
• If neighboring tenancy and/or property ownership changes, the Director of Public Works may require a new consent letter at the time of change of ownership • Neighboring consent is revocable and if revoked the parklet business is responsible for the removal of any structure placed in the right of way, including any applicable portion extending into a neighboring frontage
• Any enforcement action against a permittee for revoked consent may be suspended until the parklet permit expiration (permits are up to 12 months); and, • Parklet owner must obtain an up-to-date consent letter for any future permit renewals.
San Diego and Pleasanton are two other jurisdictions that require consent from a neighboring business and from the adjacent property owner. Los Altos requires con sent from the neighboring business and West Hollywood requires consent from the adjacent property owner; San Mateo considers requests on a case -by-case basis, but its standard of review was unclear from the initial research.
Parklet Propane Prohibition
In May, Council members indicated concurrence with the staff recommendation not to allow any propane heaters in parklets. Prohibiting propane heaters decreases greenhouse gas emissions, reduces the possibility of improperly stored propane, and mitigates other safety hazards.
The ARB in its review of the permanent parklet standards was more mixed, with some members supporting allowing limited use of propane, such as fire pits and decorative heating elements.
The ARB ultimately motioned to allow propane-fueled fire pits and decorative elements with a 5-0-0 vote.
12 San Francisco’s guidelines link: https://sf.gov/sites/default/files/2022-09/Shared%20Spaces%20Manual.pdf 10 Packet Pg. 193
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Staff continue s to recommend against the use of any propane -fueled heaters, equipment, appliances, decorative or other elements. Very few businesses can meet the state fire code requirements for safe propane usage including storage, location , and setbacks. Propane cannot be stored indoors, on roofs, near exits, near vehicles, near combustible materials, etc., and very few businesses have the required and/or appropriate space outdoors to store propan e in accordance with the California Fire Code.
Moreover, the average parklet is limited in width, and the proposed permanent parklet standards allow roofs and hard, transparent sidewalls along the parklet enclosure, which make it challenging and/or unlikely for liquid petroleum gas (LPG) cylinders to be operated according to fire code with required setbacks including minimum 5 -foot separation from combustible materials. Finally, LPG cannot be used indoors, including in parklets with sidewalls and roofs.
Structures such as walls, solid fences, earth, concrete barriers , or other similar structures shall not surround outdoor heating appliances or otherwise restrict air circulation around the appliance. This is because the base of the heater contains the LPG c ylinder, and the presence of such structures can create significant hazards such as pocketing of escaping gas, interference with the application of cooling water by firefighters, and the redirection of flames against the LPG cylinders.
Because of the ris ks associated with propane heating elements, t he draft permanent parklet standards prohibit the use of propane.
Parklet Staffing (Public Works)
Public Works will need staffing resources to implement the parklet program, including permit review, enforc ement, outreach, inspection, administration – i.e. collect applications and insurance certificates – and manage the program on an ongoing basis. In the last two years, over 38 temporary parklet permits have been issued. Staff anticipate s that a large percenta ge of these permit holders will transition to the permanent program. Additionally, as restaurants open and close, processing new applications and ensuring abandoned parklets are disposed of properly will be important.
These efforts will require dedicated staff to take the lead in managing applications that require review by multiple departments. This person can also serve as the first and single point of contact for permit holders or applicants who have questions, as well as members of the public who have questions or complaints.
The cost of the staff person is proposed to be covered by the cost recovery fees outlined above.
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a mid -year request. However, to get the program launched more quickly, staff anticipates returning in December with a budget request for funding to hire a consultant who would become familiar with and initiate the program.
Timeline and Transition from Pilot to Permanent Program The current parklet pilot program expires on December 31, 2022. Staff recommends the Council initially extend these interim measures through June 2023 as these pilot par klet program standards will be discontinued upon adoption of a permanent parklet program. The permanent parklet program will require two readings of the ordinance and will become effective 30 days after the second reading. Staff recommends enforcement of the new parklet regulations , once adopted, be stayed several months until July 1, 2023.
Interim Pilot Parklet renewals, which are required for all parklets to operate in 2023 will be approved for six months through June 30, 2023. However, consistent with the proposed standards, renewals will be required to submit a parklet neighbor consent letter when a parklet occupies a portion of an adjacent tenant’s frontage (see full description above). A consent letter will be required from the property owner and aff ected tenant(s). Any parklet operator unable to obtain the requisite consent letters will need to immediately remove or modify the parklet to comply and would be subject to code enforcement action, including daily, escalating penalties.
All other aspects of the current pilot program would remain unchanged.
Prior to July 1, 2023, all parklets must obtain new parklet permits, pay applicable fees and comply with the new permanent parklet regulations . Enforcement of the City’s permanent parklet standards will commence on July 1, 2023, with non-compliant operators being subject to daily, escalating penalties.
Staff anticipates returning to the Council with an ordinance implementing the permanent parklet program in December 2022 , including recommendations for ongoing resources necessary for the implementation and administration of the permanent parklet program.
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Policy Implications
Overall, the permanent parklet program asks the City Council how it wants to allocate the use of public space. Specifically, the permanent parklet program seeks to identify under what conditions, terms, and specific portions of public streets can be used by private restaurants for outdoor dining. The thoughtful establishment of how to steward the resource of public space requires careful consideration of many aspects of the program.
For some residents and merchants alike, the availability of public on -street parking spaces remains a concern. Some worry that permanent parklets will reduce the availability of parking spaces, making i t difficult to park and reducing the number of customers. These concerns can partially be addressed through the annual application period which can allow city staff to consider the locations of parklets and potential impacts on parking availability. In add ition, efforts to ensure public garages and lots can be easily accessed and located to ensure customers and visitors traveling by car can easily park their vehicles.
Resource Impact
The permanent parklet program will require dedicated program funding and staffing resources not currently approved or allocated . If the parking space lease rate is set at a competitive rate, parklets will continue to be a part of the local landscape and generate annual revenues that can help fund program costs, including staff . Staff can ensure ongoing compliance, collect annual fees and charges, provide support to applicants and inter-departmental staff, respond to disruptions or challenges, and ensure the program remains a part of Palo Alto’s vibrancy through ongoing attentio n. Staff anticipates that at minimum a half-time position, funded by program revenue, will be needed to accomplish administration of this new permanent program and the necessary duties.
In order to project revenue generated by the parklet program, staff will need a better understanding of the preferred license rate (as discussed above). With that information, the City will be better able to estimate how much revenue might be anticipated and when the revenue may be received.
To date, the pilot parklet p rogram has operated on an interim basis, not charging fees for the permits or using the sidewalks and roads . In addition, department budgets have absorbed the cost to administer the pilot program. While departments have temporarily absorbed the cost of the pilot program, the permanent program requires dedicated resources and staffing capacity.
The City Manager’s Office also allocated $30,000 from contingency for contractor support to aid in the research and development of the permanent parklet standards and program. Pending Council feedback on this item, staff will proactively work to identify and fund and onboard necessary resources to implement Council direction. Formal budget adjustments will likely be 10 Packet Pg. 196
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included either as part of the ordinance approval or FY 2023 Mid -Year Budget Review to align appropriated funds with program needs.
Timeline
As noted in the recommendation, staff requests Council extend the pilot program to allow time to finalize the permanent parklet standards with an anticipated imple mentation date of July 1, 2023. Other aspects of the temporary outdoor program related to the use of sidewalks for outdoor displays, on-street dining, and road closures of California Ave. and Ramona St. would extend throughout 2023. These aspects are not c ontemplated to change through the adoption of a permanent parklet ordinance and will instead be addressed separately to address the nuances of those situations.
Stakeholder Engagement
The Architectural Review Board provided feedback on the standards. Sta ff also conducted a focus group and survey with local businesses as discussed earlier in this report. Staff anticipates ongoing communication with the business community regarding the implementation and administration of a permanent parklet program to ensu re that it is a successful program that contributes to the City’s economic vibrancy.
Public Notification
The Palo Alto Municipal Code requires notice of this public hearing to be published in a local paper at least ten days in advance. Notice of a public h earing for this project was published in the Daily Post on October 14, 2022.
Environmental Review
Extension of the attached ordinance and resolution are 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). Staff will determine the required CEQA analysis of the permanent parklet program going forward.
Attachments:
Attachment10.a: Attachment A: Draft Permanent Parklet Program Standards (PDF) Attachment10.b: Attachment B: Interim Ordinance Temporarily Continuing Expansion of Outdoor Dining, Retail, and Other Activities (PDF)
Attachment10.c: Attachment C: Resolution Continuing the Pilot Parklet Demonstration Program (PDF)
Attachment10.d: Attachment D: Tracked Changes Version of Draft Permanent Parklet Standards From Council's May 2022 Review (PDF)
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DRAFT PALO ALTO PERMANENT PARKLETS PROGRAM
I. Introduction
The City of Palo Alto has developed a Permanent Parklet Program that will allow for parklet installations in eligible areas of Palo Alto. The program is designed with the intended purpose of supporting the vibrancy of the public realm and enhancing the civic experience of diners, pedestrians, motorists, and cyclists.
The following standards outline the requirements for parklet installation including, location, materials, and design. The City of Palo Alto will review all parklet permit applications and will only approve parklets that are able to meet the standards. Due to the unique circumstances of each proposed parklet location, some parklets may require additional review by key departments (as outlined).
All parklets—including installations previously installed under the pilot parklet program—will require a new Permanent Parklet Permit from the City of Palo Alto. Application requirements are outlined in Section IV (A) Submittal Requirements.
Parklets are permitted in conjunction with legally existing and permitted eating and drinking establishment uses as well as commercial uses including retail and fitness establishments. Any and all business activity must be contained within the parklet space and not encroach into the sidewalk, public right-of-way, or roadway.
II. Glossary
Due to the unique design and placement of parklets, there are several terms with distinct meanings that should be understood in order to implement the standards.
1. Enclosure—Protective barrier that follows the parklet edge.
2. Platform Edge—The outermost edge of the parklet platform.
3. Parklet Footprint—The total area within the parklet edge that can be utilized by a project applicant.
4. Platform—Base of the parklet that is at grade with the sidewalk.
5. Travel Lane—Portion of the street with active automobile traffic.
Figure 1: Key Terms
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III. Location and Setback Requirements
A. Location
The location of a parklet is dependent on the eligibility criteria, which varies based on the type of parking space a parklet will occupy (parallel parking spaces, angled spaces, and non-standard spaces).
1. Eligibility
a. Parklets are only permitted on streets with speed limits of 25 mph or less. b. Parklets are generally permitted on streets with a running slope (grade) of five percent or less.
c. Parklets cannot be installed in any portion of a travel lane at any time. d. When located near an intersection, parklets must be located at least 20 feet from the rear most boundary of a crosswalk at the nearest intersection of the street corner. Exceptions will be considered on a case-by-case basis.
e. In the event a restricted area (i.e., loading zone) is being proposed to be used as space for a parklet, the Office of Transportation shall meet with the applicant to evaluate relocation of the restricted area. Relocation of the restricted area may not be possible.
2. Parallel Parking
a. For parallel parking spaces, the parklet structure must be set back 48 inches (4 feet) from adjacent marked parking spaces.
b. It is recommended, though not required, that a parklet consist of at least two contiguous parallel parking spaces.
c. The platform edge shall be 2 feet back from the outer edge of the parking space it occupies.
For all parallel parking spaces located on public streets within the City of Palo Alto, this shall be 2 feet from the exterior edge (closest to traffic) of marked parking T’s (where they exist).
This is shown in Figure 2.
d. In no case shall a parklet be placed within the 2-foot area measured from the outer edge of the parking space. These 2 feet shall be kept clear at all times. The only objects which shall lawfully occupy this space are reflective delineator posts, or their equal. e. Parallel parking spaces adjacent to a curb typically measure 8 feet wide by 20 feet long. The dimensions of a parklet in one parking space could be 6 feet wide and 12 feet long. This is because of the 2 foot setback from the outer edge of the parking space, and the 4-foot setbacks from the adjacent parking spaces(Figure A).
f. Parallel parking space measurements may vary across the City of Palo Alto. As a result of this variation, some parklets may measure less than 6 feet wide. If the existing parking stall width is less than 8 (eight) feet, the parklet shall be 2 feet less than the parking stall width. g. Parklets located in the downtown area that are between a bulb-out tree planter do not require a 4-foot setback from the adjacent parking spaces.
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3. Angle Parking Spaces
a. A parklet in an angle parking space shall consist of at least two contiguous angles parking spaces.
b. A parklet platform shall be 3 feet back from the rear edge of the existing angled parking space. For angled parking spaces located on public streets within the City of Palo Alto, this shall be 3 feet from the exterior edge (closest to traffic) of the marked parking stall. This is shown in Figure 3.
c. In no case shall a parklet be placed within the 3-foot area measured from the rear edge of the parking space. These 3 feet shall be kept clear at all times. d. The only objects which shall lawfully occupy this space are reflective delineator posts, or their equal.
e. For angled parking spaces, the edge of the parklet must be set back 3 feet from the adjacent parking space on either space.
Figure 2: Dimensions of a Parallel Parking Space Parklet
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4. Non-Standard Spaces
1. A non-standard parking space is an angle or parallel space that does not meet the City of Palo Alto’s standard width or length for parking spaces. Standard parking space dimensions are as follows:
a. Parallel parking space adjacent to a curb: 8-feet wide and 20-feet long b. Parallel parking space adjacent to a wall: 10-feet wide and 20-feet long c. 45-degree angle parking space: 8.5-feet wide and 21.2-feet long d. 60-degree angle parking space: 8.5-feet wide and 19.7-feet long e. 75-degree angle parking space: 8.5-feet wide and 20.2-feet long f. 90-degree angle parking space: 8.5-feet wide and 17.5-feet long
2. Angled parking space measurements may vary across the City of Palo Alto. As a result of this variation, some parklets may measure less than the standard 8.5-feet wide. If the existing parking stall width is less than 8.5-feet, the parklet shall be 3 feet less than the parking stall width.
3. For any non-standard parking space, the Office of Transportation staff, in partnership with Public Works, will review plans for such sites; this may include a site visit. The additional review will help maximize the parklet while maintaining an adequate travel lane.
4. For non-standard angled parking spaces, the edge of the parklet structure must be set back 3 feet from the adjacent parking space on either side. (This applies to all angle parking spaces along University Avenue as nearly all are substandard).
Figure 3: Angle Parking Space Parklet Dimensions
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B. Parklet Setbacks
5. Setbacks
a. As stated above, all parklets in parallel parking spaces must be setback 4 feet from the adjacent parking spaces. This setback shall be delineated by a concrete wheel stop affixed to the street (see figure 2 above and ‘Traffic Safety’ below). b. As stated above, all parklets in angled parking spaces must be setback 3 feet from adjacent parking spaces and 3 feet from the rear edge of the parking space (see figure 3). c. All parklets are required to include 2-foot setback from adjacent driveways. d. Parklets are prohibited in front of active driveways, on street curves, or hills where horizontal or vertical sight-distance is a safety issue as determined by the Office of Transportation.
e. The setback may not contain seating.
6. Sidewalk Area
a. Neither the construction nor operation of the parklet shall interfere with, obstruct, or otherwise diminish the adjacent sidewalk and pedestrian path of travel. b. All walkways and sidewalks shall maintain at least 8 (eight) feet clear path of travel. c. A parklet cannot operate in conjunction with sidewalk dining. Eligible applicants must elect to operate a parklet or sidewalk dining. This ensures sidewalks remain open and available for pedestrian travel.
d. The setback may not contain seating
C. Other Location Criteria
1. Proximity to Utilities and Public Facilities
a. Parklets must not block public utilities, bus stops, driveways, telecommunication vaults, or other in-ground infrastructure.
i. Parklets shall not be placed over gas main or gas services due to potential hazards. b. Parklets located next to alleys (as defined under PAMC 18.04.030(a)8) must be set back 5 (five) feet from the outside edge of the driveway as measured from the curb face/gutter flowline.
c. Parklets shall be placed no closer than 50 linear feet from a bus stop loading zone. d. Parklets shall be placed no closer than 15 linear feet from fire hydrants. e. Parklets shall not be placed within a 5 foot radius of a manhole cover to allow for maintenance access.
f. Parklets shall be placed no closer than 5 linear feet from a storm drain catch basin. Parklet construction and design must allow access to the catch basin and shall not obstruct the catch basin.
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g. In the event a proposed parklet location is in conflict with public infrastructure (i.e., public signage, benches, etc.), the Public Works Department shall meet with the applicant to evaluate relocation of the infrastructure. Relocation of any infrastructure may not be possible.
2. Fire Safety
a. No portion of the parklet or associated seating shall block FDC or associated equipment. b. Business address shall be visible from the street and cannot be fully obstructed by the parklet and associated materials.
3. Street Trees
a. Any portion of the proposed parklet must maintain the following clearances from existing street trees:
a. Horizontal clearance equal to a two-foot radius around the tree well. This does not apply to raised tree wells.
b. Vertical clearance of 3 feet measured from the highest point of the parklet (if proposing a parklet with a roof).
c. At no time shall there be materials placed in the tree well area or within City planters.
b. To discourage patrons from stepping on tree wells and possibly damaging tree roots, where needed, a railing shall be installed on the parklet platform adjacent to the tree well. This will alter the path patrons travel, limiting persons stepping on the tree roots.
4. Bike Facilities
c. Bicycle racks or other bicycle facilities shall not be removed, made unusable, or otherwise disturbed or obstructed by the construction of a parklet. i. Any parklet design that proposes such disruption shall require review by and approval of the Office of Transportation. Relocation of an existing bicycle facility may be subject to additional fees.
d. Applicants are encouraged to incorporate bike parking into their parklet design.
5. Accessibility
1. The sidewalk and parklet path of travel must comply with the appropriate Americans with Disabilities Act (ADA) and California Building Code (CBC) chapter 11B accessibility provisions.
2. The parklet path of travel must comply with CBC chapter 10 exiting requirements.
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IV. Parklet Design
The following guidelines describe both the safety and design requirements for parklet applications including standards for:
A. Platform
B. Enclosure
C. Traffic Safety
D. Furnishings & Fixtures
A. Platform
1. Structural
a. Parklets shall be constructed with quality materials and shall be of natural durable wood (such as redwood, cedar, etc.), preservative treated wood, or other engineered material suitable for exterior conditions.
b. The parklet platform must support 100 pounds per square foot of live load. c. All fastening hardware and fasteners adjacent to and into preservative treated wood must be made of one of the following: hot-dipped zinc coated galvanized steel, stainless steel, silicon bronze, or copper.
2. Drainage & Ventilation
a. The underside of the platform shall be constructed to allow for seasonal drainage. b. Adequate cross ventilation shall be installed to allow for the surface to dry within 12 –24 hours. c. Openings under the platform shall be screened with corrosion-resistant material with a maximum one quarter inch mesh.
d. Parklets shall not impede the flow of curbside drainage. The parklet design shall include a minimum 6.5” wide clearance from sidewalk curb along the entire length of the parklet.
Openings at either end of the parklet shall be covered with screens to prevent debris buildup beneath the parklet and in the gutter. The closure 2x decking can be removable for easy access for under platform inspection as needed. See Figure 4 for suggested platform attachment design details.
3. Platform Attachment
a. The parklet shall be anchored to the City street and/or curb. Any anchoring proposed into the public street will require USA markings and additional staff review. Platform system shall be anchored at maximum 6’-0 apart in each direction to the roadway to avoid movement during an earthquake. See Figure 4.
i. Limit anchoring to 6-12 inches embedment in the street. b. The grate support along the curb face shall be anchored to the curb. The anchor shall be installed perpendicular to the curb (per the detail provided in figure 4). i. The manner of anchoring shall be through a pre-drilled hole into the curb and a concrete anchor bolt. Limit anchoring to 3-4 inches embedment in the curb.
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Figure 4: Suggested Platform Attachment Design
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4. Roofs
a. Structural
i. Complete roof framing plan, which includes horizonal and vertical bracing, is required to be submitted with structural calculations. A licensed architect, and/or a civil and/or structural engineer, shall sign the plan and associated calculations. ii. All connector hardware and fasteners shall be resistant to corrosion and listed as compatible to the framing material.
iii. Roof may be a solid uniform material or open construction (i.e., trellis, pergola, etc.) iv. Roofs shall not be attached or connected to a building. v. Roof shall slope toward the street to ensure rainwater drains into the street. vi. Gutters and rain leaders are required.
vii. Roofs shall not extend over the public sidewalk.
viii. Roof’s outer edges along the travel lane may extend 6 inches beyond parklet footprint at 8 feet or above to allow for attachment of the rain leaders and gutters only. b. Height
i. The roof shall be a minimum height of 8 feet provided the adjacent sidewalk is at least 8 feet wide. If the adjacent sidewalk is less than 8 feet wide, the applicant will need to consult with the Palo Alto Fire Department
ii. A parklet roof shall measure no taller than 12 feet, as measured from the platform grade.
c. Materials
i. Rooftop material may be of plywood sheathing, polycarbonate sheets, or sheet metal. i. If plywood sheathing is used, it must be painted or stained. ii. If fabric shade sails or similar fabric coverings are proposed, the fabric cover shall be limited to the top portion of the parklet and not extend to additional sides perpendicular to the street or sidewalk. All fabric coverings shall be of all-weather and flame retardant materials excluding vinyl.
iii. Roof material may be a solid uniform material or open construction (i.e., trellis, pergola, etc.)
iv. All exposed wood is required to be treated for exposure to weather.
5. Accessibility
a. The parklet shall comply with the Americans with Disabilities Act (ADA). b. The surface of the parklet platform must be flush with the adjacent sidewalk with a maximum gap of one quarter inch and one quarter inch vertical tolerance. c. A minimum 4-foot-wide accessible path of travel and 5-foot diameter turnaround space must be maintained within the parklet.
d. Any abrupt changes in elevation exceeding 4 inches along an accessible path of travel shall be identified by 6-inch-tall warning curbs.
e. Parklets shall utilize outdoor grade reflective tape to mark changes in grade.
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D. Enclosures
1. Dimensions & Load
a. For user safety, parklets are required to include a continuous enclosure along the parklet’s edge adjacent to the travel lane and parking spaces. The sidewalk edge of the parklet may be enclosed or open.
i. All parklets in which alcoholic beverages are served shall be enclosed on all sides of the parklet edge, as required by the department of alcoholic beverage control.
b. The continuous enclosure shall include a periodic barrier, which may be planters or other heavy material, along the parklet edge.
i. The periodic barrier shall weigh at least 500 lbs when filled with soil, sand, water, or concrete.
ii. The periodic barrier shall be placed at least every 6 feet along the parklet edge parallel to the travel lane.
iii. The periodic barrier shall measure at least 16 inches in depth, and a height of at least 36 inches and no more than 38 inches measured from the surface of the platform.
c. The enclosure must be at least 36 inches in height and no more than 38 inches in height, measured from the surface of the platform.
d. Any gaps in the enclosure shall be smaller than a 4-inch sphere. e. The Enclosure must be capable of withstanding at least 200 pounds of horizontal force.
2. Emergency Access (Figure 5)
a. A minimum 3-foot-wide emergency gap, with vertical and horizontal clearance, is required for every 20 feet of enclosure length.
b. The gap must be kept clear of any tables, chairs, bike racks, poles, walls, roofs, or other elements.
c. The barrier in the emergency access gap shall be easily removable by emergency personnel and provide a latch or hinge that allows easy access.
i. The latch shall be placed on the outside of the barrier, facing the travel lane. ii. The hinge shall open a minimum of 90 degrees.
iii. Any gaps in the barrier shall be smaller than a 4-inch sphere.
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3. Design
a. Enclosure materials must be high-quality, durable, and non-reflective including but not limited to hardwood, steel, concrete planters, etc.
a. Materials that are not permitted: particle board, vinyl, soft plastic or tarps. b. Street facing colors used on the exterior of enclosure must be matte-finish paint or opaque stain.
c. Parklets shall integrate and/or incorporate vegetation into the enclosure (edge treatment) at least every six (6) feet.
a. The height of any plants contained within planters in setback or planters serving as a parklet platform enclosure shall not impede or obstruct the view from the travel lane to the sidewalk and vice-versa.
b. Plant material shall not impede or hinder pedestrian and vehicular visibility.
Images above illustrate compliant examples of a parklet enclosure Figure 5: Example Emergency Access
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4. Sidewalls
a. Parklets may include a hard, transparent screen between the enclosure and the roof to provide a windscreen for parklet users.
i. The sidewall screen must be completely transparent and not obstruct sightlines from the travel lane to the sidewalk and vice-versa.
ii. Materials that are not permitted: vinyl, soft plastic or tarps.
E. Traffic Safety
1. Wheel Stops
a. When a parklet is adjacent to active parallel parking spaces, a wheel stop must be installed to delineate the 4-foot setback from adjacent parking spaces (see figure 3 above). The wheel stop shall measure 3 feet long by 4 inches high (see figure 6). It shall be constructed of concrete or rubber.
Figure 6: Wheel Stop
b. Affixing Wheel Stops
i. Drilled-in Wheel stops: A permittee will need USA clearance to anchor a wheel stop into the road.
c. Location
i. The wheel stop shall be placed one foot from the curb at the edge of the front parking space.
ii. A wheel stop shall be placed one foot from the curb at the edge of the rear parking space.
iii. Wheel stops shall be placed four feet from the parklet structure. d. Exceptions
i. Parklets extending the length between two in-street tree wells, as on University Avenue, may omit wheel stops.
2. Reflective Delineators
a. The parklet shall include installation of the California Manual of Uniform Traffic Control Devices (MUTCD) approved delineator posts or flexible bollards. Examples of these devices are illustrated in Figures 7 and 8.
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Figure 7: Reflective Delineator (Left Travel Lane) Figure 8: Reflective Delineator (Right Travel Lane)
b. Location
i. Delineator posts shall be surface mounted to the roadway via epoxy and/or glue down methods unless approved otherwise.
ii. Reflective delineators must be installed at the outside corners of the parklet. The channelizers or posts must align with the end of the platform and not encroach on the travel lane.
iii. Additional delineators must be placed every 20 (twenty) feet in the 2 foot buffer zone along the lane of travel—but not in the lane of travel. c. Dimensions
i. Right side of trave lane – Delineators shall be 42 inches high and white with white reflective bands for use on the right side of a travel lane. ii. Left side of travel lane – Delineators shall be 42 inches high and be white with yellow reflective bands if used on the left edge of a travel lane. d. Maintenance
i. Maintenance of the delineator posts shall be the responsibility of the Permit holder. ii. Permittee shall replace any missing or damaged delineators within 24 hours of a delineator’s failure or within 24 hours’ notice from the City.
F. Furnishings & Fixtures
1. Materials
a. Parklet furnishings and fixtures must be high-quality, durable, outdoor-rated, and non- reflective including but not limited to: Hardwood, steel, concrete, etc. i. Materials that are not permitted: particle board and vinyl.
2. Electrical Power Supply
a. No power cords or conduits are allowed under the sidewalk. b. Power cords between the building and the parklet shall be in conduit, with a limit of one conduit per parklet, and shall not be adjacent, above, below or attached to any part of a fire escape.
a. Conduit shall be finished to match the parklet design b. No extension cords shall be permitted for fixed lighting or heaters c. A weatherproof GFCI electrical outlet may be installed on the exterior of the building at a
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minimum of 10 feet above the walking surface for decorative lighting purposes only. Fixed cables may be used to support the light’s cord and it shall be easily unplugged by fire department personnel.
d. Electrical power supply to the parklet, including receptacle outlets, shall comply with permanent wiring methods as outlined in the adopted California Electrical code. e. Parklet power source shall not be pulled from city sidewalk lighting or supported by tree f. Generators are not allowed in association with parklets.
3. Lighting
a. If installing permanent lighting, an electrical permit shall be obtained and shall comply with permanent wiring methods as outlined in the adopted California Electrical code. b. The following types of lighting and fixtures are permitted:
i. String lights;
ii. Solar powered and/or rechargeable battery powered table lights; and iii. Overhead light fixtures for parklets with roofs (permit required) c. The use of electrical adaptors and power strips are prohibited. d. All lighting must be rated for exterior use, listed, and carry a product certificate for its intended use by a recognized electrical testing laboratory. e. Lighting must be LED only
f. Lighting shall be limited to the parklet area and not encroach into any portion of the public sidewalk.
g. Lighting shall be of the lowest intensity and energy use adequate for its purpose and be designed to focus illumination downward to avoid excessive illumination above the light fixture with a maximum of 100 watts or 1600 lumens, whichever is greater, per fixture. h. Applicants interested in lighting should consider solar-powered lighting that use a rechargeable battery.
4. Heaters
a. Only electrical heaters are allowed on parklets.
i. Electric heaters must be an outdoor approved type
ii. Electric heaters must be located on the parklet in accordance with the manufacturer’s instructions and specifications.
iii. Electric heaters must be placed at least 5 feet away from any combustible materials. iv. A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code.
b. Propane is not permitted to be used for heaters, equipment, appliances, or decorated elements.
c. Any new electrical circuits required for heating require an electrical permit from the Building Department (see ‘Power Supply’ above). Any electrical equipment must be listed and carry a product certificate for its intended use by a recognized electrical testing laboratory.
5. Umbrellas
a. Permitted Umbrella Types:
i. Table Umbrella
ii. Tilting Umbrella
iii. Off-set/ Cantilever Umbrella
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b. No portion of an umbrella shall extend beyond the edge and/or enclosure of the parklet on any side.
c. No umbrella shall obstruct the view from the street between three (3) and eight (8) feet, measured from the street, from any side.
6. Signage
a. Parklet signage is limited to six (6) square feet and shall be limited to the name of the business and shall be non-illuminated and non-reflective. Letters no taller than 15”. b. Businesses are permitted one (1) sign on their parklet, total. c. Signs must be affixed to the outer most portion of the parklet enclosure no higher than 36” from the street grade.
d. No form of advertising is permitted to be painted or mounted on any surface or area of the parklet.
e. Any existing parking signs installed adjacent to the parklet must be covered with opaque plastic; such coverage or illegibility shall occur only in manners approved by the City of Palo Alto through its Department of Public Works and/or its Office of Transportation.
7. Seating & Furniture
a. Accessibility
i. The establishment must provide 5% accessible seating for each type of seating provided (table, booth, etc.) or a minimum of 1 seat per type, whichever is greater, in an outdoor seating area where the slope is no greater than 2% in any direction. ii. Such ADA accessible areas shall include a clear path of travel to the seating and a 60” diameter turnaround area.
iii. Such ADA accessible seating shall be provided at an accessible height which includes:
i. Table surface between 28 to 34 inches high.
ii. At least 27 inches of space from the floor to the bottom of the table. iii. Knee clearance extends at least 19 inches under the table. iv. Total clear floor area of 30 inches by 48 inches per seat. iv. Such ADA accessible seating shall be of the same size and appearance as the establishment’s other outdoor seating.
b. Street Furniture
i. Street furniture including tables, chairs, benches, etc. shall be all-weather, and of a high-quality material.
Images above illustrate street furniture examples.
8. Landscape
a. Vegetation shall be comprised of native, low-water use, and drought tolerant plants.
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b. No plants shall have thorns, spikes, or sharp edges. c. Poisonous or invasive plants are not permitted.
9. Televisions
a. Televisions are not permitted on parklets.
V. Operational Standards
10. Private Control
a. Parklets will be considered under the control of the permit holder. The permit holder is responsible for securing the parklet and any fixtures and furnishings contained within it at all times, including during hours when the associated business is not in operation.
11. Alcohol Service
a. Parklets that serve alcoholic beverages shall include appropriate fencing or other barriers to delineate the space and adhere to Alcohol Beverage Control (ABC) regulations. i. As described in the Enclosure section above, all parklets in which alcoholic beverages are served shall be enclosed on all sides of the parklet edge, as required by the department of alcoholic beverage control.
b. All physical requirements of ABC should be reflected in the design submitted for review. c. A Conditional Use Permit (CUP) Amendment is required to allow alcohol service at a parklet.
d. A restaurant with existing CUP for alcohol service must submit an application to Planning and Development Services to amend the existing CUP to expand alcohol service to parklet. e. The CUP Amendment must be approved before alcohol service is allowed at a parklet.
12. Site Maintenance
a. Parklets shall be maintained free of litter and debris. b. The parklet area and adjacent sidewalk shall be scrubbed and mopped to remove any food or drink stains on a daily basis by the permittee.
13. Hours of Operation
a. The parklet shall adhere to the same approved hours of operation as the associated business. b. Note: In the CN or CS zone districts, a CUP is needed to operate/activities between the hours of 10:00 p.m. and 6:00 a.m. and approval conditions for operations during these hours are to ensure the operation is compatible with the abutting (or within 50 feet of) residential property.
14. Amplified Sound
a. Amplified sound shall not exceed a noise level of more than fifteen dB above the local ambient at a distance of twenty-five feet or more, as defined in section 9.10 of the Municipal Code.
b. Amplified sound is restricted to the following daytime hours:
i. 8 a.m. to 8 p.m. Monday through Friday, except holidays ii. 9 a.m. and 8 p.m. on Saturday, except holidays
iii. 10 a.m. and 6 p.m. on Sunday and holidays
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VI. PERMIT APPLICATION REQUIREMENTS
A. Submittal Requirements
1. Site Plan—Site plan shall be drawn to scale on 11 x17 tabloid paper, include all pertinent dimensions and the following information:
a. Location of the business frontage
b. Dimensions of the parklet platform
c. ADA accessibility measurements
d. Setbacks from adjacent parking spaces and the adjacent traffic lane e. Locations of traffic protection improvements including wheel stops, reflective delineators, etc.
f. Location of public utilities including any manhole covers, gutter drains, fire hydrants, and FDCs, light poles, etc. (and distances to parklet)
g. Any adjacent installations on the sidewalk including utility boxes, street signs, bike racks, street furniture, etc. (and distances to parklet)
h. Existing parking space striping
i. Crosswalks, bus stops, driveways (and distances to parklet) j. Width of sidewalk
k. Planters (if applicable)
2. Floor Plan
a. Floor Plan of the proposed parklet showing the following information:
i. Total number and location of tables and seats and/or benches on parklet ii. Dimensions of tables, seats, and benches on parklet
3. Elevations
a. Elevation drawing showing the following information:
b. Height and design of platform railings/guards or edge buffers c. Height and design of roof (if applicable)
d. Heating, lighting, other electrical equipment
e. Power connection (show distance from ground to overhead wire) f. Storm water drainage
g. Cross-section drawing of parklet
4. Construction Drawing/Calculation
a. Structural drawings
b. Structural calculations (if applying for parklet with roof) c. heating, lighting, other electrical equipment
d. electrical power connection/source
5. Pictures of proposed site—The application should include at least 3 photos showing existing built parklet, if applicable, the proposed parking space(s) converted into a parklet, adjacent sidewalk and store frontage
6. List of all materials and equipment proposed
a. Materials palette showing the following information:
i. Proposed materials for platform
ii. Proposed materials for railings or edge buffers
iii. Proposed furnishings
iv. Roof material (if applicable)
b. Equipment sheet including:
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i. Image of equipment
ii. Any manufacturer instructions
c. Planters
d. Type of plants
7. Parklet Information:
a. Number of parking spaces requested
b. Perpendicular or angled spaces
c. Color of curb
d. Proposed use of parklet
e. Business hours of operation
f. Parklet Designer/ Architect/ Engineer/ Construction Firm contact (if applicable) g. Signage (if applicable)
8. Business Information
a. Business Address
b. City of Palo Alto Business License Number
9. Business Owner Information
10. Property Owner Information (if different than applicant)
11. Insurance Documents
12. Letter(s) of Support – A parklet applicant must get a letter of support from the neighboring ground-floor tenant(s) and 18building owner(s) if more than half of a marked parking space is not in front of the applicant’s storefront, or if any part of an unmarked parking space is not in front of the applicant’s storefront (see Figure 9). [Note to City: Draft template to be provided, still being drafted by staff].
a. If the tenancy and/or ownership of the neighboring property changes, Public Works may require the parklet sponsor to submit an updated letter of support to continue utilizing any space extending into a neighboring frontage regardless of the status of the parklet license at the time of change of ownership/tenancy.
b. Consent to occupy neighboring space as part of a parklet permit is revocable by nature; and, if such support is revoked, or if parklet occupancy is not in accordance with the terms of any applicable law, these regulations, and/or any permit requirement, the parklet sponsor is responsible for the removal of any structure placed in the right of way under the parklet permit, including any applicable portion of the parklet permit extending into a neighboring frontage.
c. Parklet sponsor must obtain an up-to-date letter of support for any future license renewals as requested by Public Works during future permit renewal processes.
13. Indemnity Acknowledgement
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Source: City of San Francisco, 2022. Shared Spaces Manual.
B. Failure to Maintain
A parklet sponsor who fails to properly and sufficiently maintain the cleanliness, safety, and accessibility of their parklet may be subject to violations and fines. If maintenance issues are not resolved, the City may revoke the encroachment permit and the parklet sponsor may be required by the City to remove the parklet at their own expense.
Figure 9: Example of Letter of Support Requirement
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C. Utility Maintenance & Public Safety
Because a parklet may sit atop buried utilities, there may be instances where a parklet will need to be removed to access a utility beneath it. In the event of necessary utility maintenance or the unlikely event of a utility failure such as a gas leak or water main break that threatens public safety, the City or utility owner may remove parklets with little or no notice. Parklet sponsors are responsible for the cost of re-installing and restoring any damage to the parklet.
In instances of advanced notice (such as street repaving, planned maintenance, etc., the parklet sponsor may need to remove and reinstall the parklet at their sole expense. If the sponsor cannot remove the parklet, the City will remove the parklet.
D. Parklet Removal
If for some reason the parklet sponsor decides no longer wants to maintain a parklet, the parklet sponsor is responsible for notifying the City and removing it at the parklet sponsors’ own expense.
Immediately upon removal the parklet area shall be cleaned and restored to its previous condition to the satisfaction of the City.
E. Permit Fee, License Fee, and Deposit
[Note: Fee methodology for permit and license annual or monthly fee is still to be determined].
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Ordinance No. _____
Interim Ordinance of the Council of the City of Palo Alto Temporarily Continuing the Expansion of Outdoor Dining, Retail and Other Activities on Public and Private Property and Relaxing Regulations Regarding Onsite Parking, On-Sale of Alcohol, Design/Architectural Review, Permit Fees, and Alcohol Consumption in Public Places, All to Facilitate Such Outdoor Use
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1
. Findings and Declarations. The City Council finds and declares as follows:
A. On June 23, 2020, the City Council adopted Ordinance 5500, an emergency ordinance, in response to COVID -19 and its effects on local businesses. At that time and since then, county and state regulations related to CO VID-19 have limited or curtailed many indoor activities, including dining, bars, retail, performances, and other recreational uses.
B. In June 2021, the City Council adopted Ordinance 5526, which amended and restated Ordinance 5500 on a non-emergency basis (among other changes).
C. On November 8, 2022, the City Council adopted Ordinance 5533, which amended and restated Ordinance 5526 with a sunset date of June 30, 2022.
D. In May 2022, t he City Council adopted Ordinance 5551, which amend ed and restate d Ordinance 5533 to extend its provisions through December 31, 2022.
E. The City Council now desires to amend and restate Ordinance 5551 to extend the parklet provisions of this ordinance until June 30, 2022 in anticipation of a permanent parklet program taking effect by then. The City Council also desires to extend the remai nder of this ordinance until December 31, 2023.
SECTION 2
. City Manager Authorization
The City Manager or his or her designee(s) may promulgate guidelines and implementing regulations for the uses and programs described in this Ordinance as long as such regulations do not conflict with this Ordinance.
SECTION 3
. Fee Waivers for Encroachment Permits and Parking Space Closures
A. The permit fees set forth in the Municipal Fee Schedule are temporarily waived for applications for encroachment permits under Palo Alto Municipal Code Section 12.12.010 and Section 12.12.020, as modified by this Ordinance, to place structures and equipment
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in the public right-of-way (including closed streets and sidewalks) for purposes of outdoor dining and outdoor retail sales and display of wares.
B. The parking space closure fee in the Municipal Fee Schedule collected by the Department of Planning and Development Services is temporarily waived for the use of a parking space(s) on-street or in a parking lot for purposes of outdoor dining and outdoor re tail sales and display of wares as authorized through an encroachment permit, license, or agreement with the City.
SECTION 4. Modified Review Process for Commercial Sidewalk Encroachment Permits
Notwithstanding contrary provisions of PAMC Section 12.12.020, permits may be granted for commercial sidewalk encroachments for outdoor retail sales and display areas and outdoor eating areas. Permits for these purposes shall not be required to undergo and complete design review by the Planning Department described in subsection (d) of Section 12.12.020. Except as expressly modified herein, the provisions of Section 12.12.020 shall apply to commercial sidewalk encroachments.
SECTION 5
. Eating and Drinking Establishments
Eating establishments, and drinking establishments may temporarily relocate some or all of their existing indoor seating capacity to outdoor seating capacity, as follows:
A. Location
. Outdoor eating areas may be placed in one or more of the following areas:
1. Public streets temporarily closed by the City of Palo Alto, through issuance of an encroachment permit under PAMC Section 12.12.010;
2. Sidewalks through issuance of an encroachment permit under PAMC Section
12.12.020, as modified by Section 4 of this Ordinance;
3. In on -street parking spaces approved for use as temporary parklets , in accordance with the Pilot Parklet Demonstration Project as first approved by Council Resolution No. 9909 and continued by subsequent resolutions;
4. Surface p arking lots that currently provide required onsite parking for the eating/drinking establishment, through issuance of an approval by the Director of Planning, or his or her designee, as described in subsections C and D of this Section, below;
5. Other o utdoor areas on the eating /drinking establishment site not originally permitted for outdoor seating in the establishment’s approved site plan or planning entitlement (such as landscaped areas ), through issuance of an approval by the
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Director of Planning, or his or her designee, in accordance with subsections C and D of this Section, below; and
6. In other areas that the Council identifies by resolution or ordinance.
B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements.
1. Notwithstanding the parking requirements applicable to eating /drinking establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for eating /drinking establishments, an eating/drinking establishment may place outdoor eating areas in its parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. If the establishment’s parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may be used for outdoor eating, subject to review and approval of the Planning Director or his or her designee.
2. Notwithstanding the parking requirements applicable to shopping centers and their tenant businesses in Title 18 (Zoning) of the PAMC or in individual pla nning entitlements or approvals for shopping centers or their tenant businesses, a shopping center with an eating /drinking establishment tenant(s) may place outdoor eating areas for such tenant business(es) in the shopping center parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles.
C. Application
. A n application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of an eating /drinking establishment’s permitted indoor restaurant seating to outdoor seating in privately-owned areas on the eating/drinking establishment site not originally permitted for outdoor eating. The Director of Planning is authorized to establish submittal requirements and procedures. Temporary Use Permit s (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section
18.42.050. The Planning Director may extend a TUP issued prior to the effective date of this Ordinance to be valid beyond 45 days.
D. Seating Layout Review
. A Seating Layout Review is required to relocate some or all of an eating/drinking establishment’s permitted indoor seating to outdoor seating in privately- owned areas on the eating /drinking establishment site not originally permitted for outdoor eating. The Seating Layout Review shall be conducted by a transportation planner, planner, and/or fire inspector who will review and either approve or require modifications to the proposed outdoor seating layout based on the following criteria:
1. Seating layout does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor seating is to be placed in parking lots or on-street parking spaces.
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2. Seating layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act.
3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards for tents, and safety standards set forth by the National Fire Protection Association for fire-resistant tents and must include an affixed manufacturer’s label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certi ficate is needed to prove treatment.
4. Any heaters must comply with fire codes.
5. An adequate and visible barrier is placed that clearly separates the retail area from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning.
6. Other requirements established in the standards and guidelines issued by the Director of Planning.
E. Fee
. No fee will be charged for submittal and review of the Application and for conducting a Seating Layout Review.
F. Occupancy
. Total seating occupancy (including all indoor and outdoor seating) shall not exceed the overall occupancy for which the restaurant is permitted.
G. Alcohol Service
. Establishments that are allowed by the City to serve alcohol for onsite consumption by issuance of a conditional use permit (“CUP”) as required by PAMC Section
18.42.090 or as a legal nonconforming use, and that both have an on -sale license from the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC to serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite consumption in such outdoor areas, notwithstanding any prohibition on outdoor alcohol service or consumption in the PAMC or planning entitlement issued under Title 18 (Zoning) of the PAMC. During the effective period of this Ordinance, establishments that meet the preceding requirements may expand their footprint to outdoor areas without an amendment of the CUP, notwithsta nding PAMC Section 18.42.090(c). Outdoor alcohol service shall be in full compliance with ABC regulations, as amended.
H. No Architectural Review
. Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for propose d outdoor eating areas or signage related to such areas during the effective period of this Ordinance.
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SECTION 6. Retail Establishments
Retail establishments may temporarily relocate some or all of their existing customer-accessible square footage to outdoor spaces as follows:
A. Location
. Outdoor retail sales and display areas and outdoor eating areas may be placed in one or more of the following areas:
1. Public streets temporarily closed by the City of Palo Alto, through issuance of an encroachment permit under PAMC Section 12.12.010;
2. Sidewalks through issuance of an encroachment permit under PAMC Section
12.12.020, as modified by Section 4 of this Ordinance;
3. Surface parking lots that currently provide req uired onsite parking for the retail establishment, through issuance of an approval by the Director of Planning , or his or her designee, as described in subsections C and D of this Section, below;
4. Other outdoor areas on the retail establishment site not originally permitted for retail sales and display or dining in the retail establishment’s approved site plan or planning entitlement (such as landscaped areas), through issuance of an approval by the Director of Planning or his or her designee in accordance with subsections C and D of this Section, below; and
5. In other areas that the Council identifies by resolution or ordinance.
B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements .
1. Notwithstanding the parking requirements applicable to retail establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for retail establishments, a retail establishment may conduct outdoor retail sales and display and may place outdoor eating areas in its parking lot, so lo ng as at least half of the parking spaces on the subject site remain available for use by vehicles. If the establishment’s parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may be used for outdoor dining/retail , subject to review and approval of the Planning Director or his or her designee.
2. Notwithstanding the parking requirements applicable to shopping centers and their tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for shopping centers or their tenant businesses, a shopping center with a retail establishment tenant(s) may place outdoor retail sales and display areas and outdoor eating areas for such tenant business(es) in the shopping center parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles.
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C. Application. An application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of a retail establishment’s customer-accessible square footage to outdoor retail sales and display in privately-owned areas on the retail establishment site not originally permitted for outdoor retail sales and display . The Director of Planning is authorized to establish submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section
18.42.050. The Planning Director may extend a TUP issued prior to the effective date of this Ordinance to be valid beyond 45 days.
D. Merchandise or Seating Layout Review
. A Layout Review is required to relocate some or
all of an retail establishment’s permitted indoor customer-accessible square footage to privately-owned areas on the retail establishment site not originally permitted for retail.
The Layout Review shall be conducted by a transportation planner, planner, and/or fire inspector who will review and either approve or require modifications to the proposed retail layout based on the following criteria:
1. The placement of the merchandise, displays, or other items does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor seating is to be placed in parking lots or on-street parking spaces.
2. The layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act.
3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards for tents, and safety standards set forth by the National Fire Protection Association for fire-resistant tents and must include an affixed manufacturer’s label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment.
4. Any heaters must comply with fire codes.
5. An adequate and visible barrier is placed that clearly separates the retail are a from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning.
6. Other requirements established in the standards and guidelines issued by the Director of Planning.
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E. Fee. No fee will be charged for submittal and review of the Application and for conducting a Layout Review.
F. No Architectural Review . Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for propos ed outdoor retail areas or signage related to such areas during the effective period of this Ordinance.
SECTION 7
. Compliance with Other Regulations, Orders and Approvals
The uses of public and private property allowed in this Ordinance shall be conducted in compliance with any applicable state or county mandate (including executive orders and health orders), this Ordinance, Resolution No. 9909 and its successors, and all other local and state regulations, orders, and approvals, as applicable (collectively, “Applicable Law”). Any approval, allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to public health, safety or welfare.
SECTION 8
. No Vested Rights
The outdoor uses of public and private property allowed in this Ordinance are temporary and shall be terminated upon the earlier of the date stated in the applicable permit/approval or the expiration of this interim Ordinance , unless earlier revoked by the City Manager or other authorized official (or their designee) or terminated by action of the City Council . The City may discontinue one or more, or all, of the allowed outdoor uses at any time if the City Manager or designee determines that the public health, safety or welfare warrant such action. Nothing in this Ordinance shall establish a vested right.
SECTION 9
. Suspension of Prohibition on Alcohol Consumption in Lytton Plaza and Cogswell Plaza
Notwithstanding PAMC Sections 22.04.330 and 22.04.331, the City Manager is authorized to suspend the prohibition on consumption of alcoholic beverages in the parking lots adjacent to Lytton Plaza and Cogswell Plaza.
SECTION 10
. Use of City Parking Lots for Reopening Activities
A. The City Manager, or his or her designee (“City Manager”), is authorized to permit outdoor dining, retail and other activities necessary to facilitate the reopening of businesses, in public parking lots owned by the City , subject to the City Manager’s adoption of rules, regulations, guidelines, and standards for such use (“Regulations”), and publication of such Regulations on the City’s website . Use of parking lots, or portions thereof, by a business shall require a license or other agreement, including an agreement to indemnify and hold harmless the City, and provision of insurance.
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B. The City Manager is authorized to waive any fee in the Municipal Fee Schedule associated with the temporary use of parking areas for the purposes identified in Section A above.
C. Notwithstanding PAMC Section 9.04.020, the City Manager is authorized to suspend the prohibition on consumption of alcoholic beverages in any City owned parking lot.
SECTION 11
. Personal Services, Indoor Recreation and Other Uses
The authorized outdoor uses of public and private spaces authorized in this Ordinance may be applied to personal services, indoor recreation and other uses. Prior to authorizing these additional activities to occur, the City Manager, or his or her designee (“City Manager”), shall adopt rules, regulations, guidelines, and standards for these uses, and publish them on the City’s website.
SECTION 12
. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 13
. Environmental Review
The Council finds that the Ordinance 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 14
. Effective Date
This O rdinance shall be effective 31 days after adoption. The provisions of this Ordinance allowing temporary parklets shall remain in effect until June 30, 2023 unless otherwise modified, repealed or extended by the City Council. The remainder of this Ordinance shall remain in effect until December 31, 2023 unless otherwise modified, repealed or extended by the City Council.
SECTION 15
. Uncodified
This Ordinance shall not be codified.
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SECTION 16. Supercedes Ordinance 5551.
As of the effective date of this Ordinance, this Ordinance shall supercede Ordinance 5551, and any conflict shall be resolved in favor of this Ordinance.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Public Works
____________________________
Director of Planning & Development
Services
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Resolution No. _____
Resolution of the Council of the City of Palo Alto Continuing the Pilot Parklet Demonstration Program as Continued by Resolution 10036
R E C I T A L S
A. On June 23, 2020, the City Council adopted Resolution 9909 in response to COVID-19 and its effects on local businesses. Resolution 9909 created a Pilot Parklet Demonstration Program and also permitted the City Manager to temporarily close certain streets. At that time and since then, county and state regulations related to COVID -19 have limited or curtailed many indoor activities, including dining, bars, retail, and other recreational uses.
B. On June 7, 2021, the City Council adopted Resolution 9962, which amended and restated Resolution 9909 on a non -emergency basis (among other changes).
C. On October 18, 2021, the City Council adopted Resolution 9992, which amended and restated Resolution 9962 to continue the pilot program until June 30, 2022.
D. On May 9, 2022, the City Council adopted Resolution 10036, which amended and restated Resolution 9962 to continue the pilot program until December 31, 2022.
E. The City Council now intends to extend the pilot program through June 30, 2023 through this Resolution in anticipation of a permanent parklet program taking effect by then.
F. This Resolution, li ke its predecessors, implements a temporary parklet program authorized by Ordinance 5526 and its successor ordinances.
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. Pilot Parklet Program and Design Requirements . The City Council hereby approves the temporary use of on-street parking spaces in Palo Alto for parklets under the Pilot Parklet Demonstration Program as first described Resolution 9909 and continued by its successor resolutions.
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A. The Director of Public Works /City Engineer , or his or her designee (the “Director”), is delegated the authority to exercise their discretion to approve specific parklet locations, plans, designs, materials, and standards, and amendments thereto , consistent with the Parklet Standards and Requirements. The plans and designs shall be signed by the Director. Any existing parklet locations, plans, designs, materials, standards, and amendments to the Parklet Standards and Requirements approved by the Director under the authority of Resolution 9909 and/or its successor s shall remain valid under the authority of this Resolution unless otherwise amended, rescinded, or modified in any other way.
B. The Director is authorized to issue implementing guidelines and regulations for the Pilot Parklet Demonstration Program, and to approve amendments to the Parklet Standards and Requirements as the Director in his or her discretion deems necessary and proper. Any existing guidelines, regulations, or amendments issued by the Director under the authority of Resolution 9909 and/or its successors shall remain valid under the authority of this Resolution unless otherwise amended, rescinded, or modified in any other way.
C. A valid encroachment permit issued under Palo Alto Municipal Code Section 12.12.010 is required to operate a parklet under this Program. The Director may approve a parklet application through issuance of an Encroachment Permit , subject to the general regulations in Palo Alto Municipal Code Section 12.12.010 and the following criteria and procedures:
1. Use
. Parklets shall be restricted to outdoor eating areas of eating establishments.
2. Application and Review . A complete application for a parklet encroachment permit shall be reviewed by City staff for a determination as to whether such application complies with th e Parklet Standards and Requirements. The application shall include all information necessary for a determination on the application including, but not limited to a certificate of insurance and a hold harmless and indemnity agreement in favor of the C ity shall be submitted in accordance with the provisions of Palo Alto Municipal Code Section 12.08.120. The Director shall grant or deny the application.
3. Conditions. Conditions of approval may be imposed on parklet encroachment permits to maintain the public health, safety and welfare.
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4. Revocation. The Director may revoke a parklet encroachment permit if he or she determines that the conditions of the permit, the provisions of this Resolution, or any applicable regulation, ordinance, or provision of the Municipal Code are being violated, or if the municipal use of the area is required for reasons of public health, safety, welfare or convenience. The permittee shall be notified of an intent to revoke the permit and shall be entitled to a hearing before the Director whose decision shall be final.
5. Existing Permits. Any parklet encroachment permit issued under the authority of Resolution 9909 and/or its successors shall remain valid under the authority of this Resolution unless such a permit is otherwise amended, revoked, or modified in any other way.
SECTION 3. Rules and Regulations . In addition to the authority given to the Director of Public Works and his or her designee in Section 2 of this Resolution, t he City Manager is authorized to enact any rule or regulation or implementing guidelines to effectuate and implement this Resolution.
SECTION 4. Compliance with Other Regulations, Orders and Approvals . The uses of public and private property allowed in this Resolution shall be conducted in compliance with any applicable state or county mandate (including executive orders and health orders), and all other local, county, and state regulations, orders, and approvals, as applicable (collectively, “Applicable Law”). Any ap proval, allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to public health, safety or welfare.
SECTION 5. No Vested Rights . The uses allowed in this Resolution are temporary and shall be terminated upon the earlier of the date stated in the applicable permit/approval or the expiration of this Resolution, unless earlier revoked by the City Manager or other autho rized official (or their designee) or terminated by action of the City Council. The City may discontinue one or more, or all, of the allowed uses at any time if the City Manager or designee determines that the public health, safety or welfare warrant such action. Nothing in this Resolution shall establish a vested right.
SECTION 6. 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 7
. This Resolution supersedes Resolution 10036. Any conflict between this Resolution and Resolution 10036 shall be resolved in favor of this Resolution.
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SECTION 8. This Resolution shall become effective immediately upon approval and shall remain in effec t until June 30, 202 3 unless otherwise modified, repealed or extended by the City Council.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Director of Planning and
Development Services
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DRAFT PALO ALTO PERMANENT PARKLETS PROGRAM
I. Introduction
The City of Palo Alto has developed a Permanent Parklet Program that will allow for parklet installations in eligible areas of Palo Alto. The program is designed with the intended purpose of supporting the vibrancy of the public realm and enhancing the civic experience of diners, pedestrians, motorists, and cyclists.
The following standards outline the requirements for parklet installation including, location, materials, and design. The City of Palo Alto will review all parklet permit applications and will only approve parklets that are able to meet the standards. Due to the unique circumstances of each proposed parklet location, some parklets may require additional review by key departments (as outlined).
All parklets—including installations previously installed under the pilot parklet program—will require a new Permanent Parklet Permit from the City of Palo Alto. Application requirements are outlined in Section IV (A) Submittal Requirements.
Parklets are permitted in conjunction with legally existing and permitted eating and drinking establishment uses as well as commercial uses including retail and fitness establishments. Any and all business activity must be contained within the parklet space and not encroach into the sidewalk, public right-of-way, or roadway.
II. Glossary
Due to the unique design and placement of parklets, there are several terms with distinct meanings that should be understood in order to implement the standards.
1. Enclosure—Protective barrier that follows the parklet edge.
2. Parklet Platform Edge—The outermost edge of the parklet platform.perimeter of parklet area (subtracting required setbacks).
3. Parklet Footprint—The total area with in the parklet edge that can be utilized by a project applicant.
4. Platform—Base of the parklet that is at grade with the sidewalk.
5. Travel Lane—Portion of the street with active automobile traffic.
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5. `
F
iFigure 1: Key Terms
III. Location and Setback Requirements
A. Location
The location of a parklet is dependent on the eligibility criteria, which varies based on the type of parking space a parklet will occupy (parallel parking spaces, angled spaces, and non-standard spaces).
1. Eligibility
a. Parklets are only permitted on streets with speed limits of 25 mph or less. b. Parklets are generally permitted on streets with a running slope (grade) of five percent or less.
c. Parklets cannot be installed in any portion of an existing travel lane at any time. d. When located near an intersection, parklets must be located at least 20 feet from the rear
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most boundary of a crosswalk at the nearest intersection of the street corner. Exceptions will be considered on a case-by-case basis.
e. In the event a restricted area (i.e., loading zone) is being proposed to be used as space for a parklet, the Office of Transportation shall meet with the applicant to evaluate relocation of the restricted area. Relocation of the restricted area may not be possible.
2. Parallel Parking
a. For parallel parking spaces, the parklet structure must be set back 48 inches (4 feet) from adjacent marked parking spaces.
b. It is recommended, though not required, that a parklet consist of at least two contiguous parallel parking spaces.
c. A parklet’s outer The platform edge shall be 2 feet back from the outer edge of the parking space it occupies. For all parallel parking spaces located on public streets within the City of Palo Alto, this shall be 2 feet from the exterior edge (closest to traffic) of marked parking T’s (where they exist). This is shown in Figure 2A.
d. In no case shall a parklet be placed within the 2-foot area measured from the outer edge of the parking space. These 2 feet shall be kept clear at all times. The only objects which shall lawfully occupy this space are reflective delineator posts, or their equal. e. Parallel parking spaces adjacent to a curb typically measure 8 feet wide by 20 feet long. The dimensions of a parklet in one parking space could be 6 feet wide and 12 feet long. This is because of the Given the above mentioned 2 feet offsetfoot setback from the outer edge of the parking space, and the 4-foot setbacks from the adjacent parking spaces creating buffer space for wheel stops (if no tree wells are present on the adjacent areas), the dimensions of a parklet in one parking space would be 6 feet wide x 12 feet long. (Figure A).
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e. Parallel parking space measurements may vary across the City of Palo Alto. As a result of this variation, some parklets may measure less than 6 feet wide. If the existing parking stall width is less than 8 (eight) feet, the parklet shall be 2 feet less than the parking stall width. f.
g. Parklets located in the downtown area that are between a bulb-out tree planter do not require a 4 foot4-foot setback from the adjacent parking spaces. f.
g. Variations notwithstanding, in no case shall a parklet be placed within the 2-foot area measured from the outer edge of the parking space.
3. Angle Parking Spaces
a. A parklet in an angle parking space shall consist of at least two contiguous angles parking Figure 2: Dimensions of a Parallel Parking Space Parklet
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spaces.
b. A parklet platform’s outer edge shall be 32 feet back from the outer rear edge of the existing angled parking space. For angled parking spaces located on public streets within the City of Palo Alto, this shall be 32 feet from the exterior edge (closest to traffic) of the marked parking stall. This is shown in Figure 3B.
c. In no case shall a parklet be placed within the 3-foot area measured from the rear edge of the parking space. These 3 feet shall be kept clear at all times. b. The only objects which shall lawfully occupy this space are reflective delineator posts, or their equal.
d.
e. Offset from neighboring parallel space may be need?For angled parking spaces, the edge of the parklet must be set back 3 feet from the adjacent parking space on either space.
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c.
4. Non-Standard Spaces
Figure 3: Angle Parking Space Parklet Dimensions
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1. A non-standard parking space is an angle or parallel space that does not meet the City of Palo Alto’s standard width or length for parking spaces. Standard parking space dimensions are as follows:
a. Parallel parking space adjacent to a curb: 8-feet wide and 20-feet long b. Parallel parking space adjacent to a wall: 10-feet wide and 20-feet long. For parallel parking spaces, the standard dimensions are XX. For angle parking spaces, standard dimensions are XX.
c. 45-degree angle parking space: 8.5-feet wide and 21.2-feet long d. 60-degree angle parking space: 8.5-feet wide and 19.7-feet long e. 75-degree angle parking space: 8.5-feet wide and 20.2-feet long
1.f. 90-degree angle parking space: 8.5-feet wide and 17.5-feet long
2. Angled parking space measurements may vary across the City of Palo Alto. As a result of this variation, some parklets may measure less than the standard 8.5-feet wide. If the existing parking stall width is less than 8.5-feet, the parklet shall be 3 feet less than the parking stall width.
2.3. A parklet proposed in angled parking spaces that do not meet the City of Palo Alto’s standard depth for angle parking spaces may only be eligible for parallel parking space parklets. For any non-standard parking space, the Office of Transportation staff, in partnership with Public Works, will review plans for such sites; this may include a site visit.
The additional review will help maximize the parklet while maintaining an adequate travel lane.
3.4. For non-standard angleddiagonal and perpendicular parking spaces, the edge of the parklet structure must be set back 3 feet 36 inches from the adjacent parking space on either side. (This applies to all angle parking spaces along University Avenue as nearly all are substandard).
4. In the event a restricted area (i.e., loading zone) is being proposed to be used as space for a parklet, the applicant shall consider the relocation of this restricted area as part of their design and work with OOT prior to application submittal to determine relocation placement.
B. Parklet Setbacks
5. Adjacent Setbacks
a. As stated above, all parklets in parallel parking spaces must be setback 4 feet from the adjacent parking spaces. All parklets are required to include 4-foot setbacks from adjacent on-street parking spaces. This setback shall be delineated by a concrete wheel stop affixed to the street (see figure 2 above and ‘Traffic Safety’ below). a.b. As stated above, all parklets in angled parking spaces must be setback 3 feet from adjacent parking spaces and 3 feet from the rear edge of the parking space (see figure 3). b.c. All parklets are required to include 2-foot setback from adjacent driveways. c. The parklet shall be set back at least 9 feet from the adjacent building(s) with no part of the parklet extending over the curb or sidewalk.
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d. Parklets are prohibited in front of active driveways, on street curves, or hills where horizontal or vertical sight-distance is a safety issue as determined by the Office of Transportation.
d.e. The setback may not contain seating.
6. Setback AreaSidewalk Area
a. The setback may not contain seating or any other objects. b.a. Neither the construction nor operation of the parklet shall interfere with, obstruct, or otherwise diminish the adjacent sidewalk and pedestrian path of travel. c. All walkways and sidewalks shall maintain at least 8 (eight) feet clear, unobstructed path of travel.
b.
d. If an 8 foot clear, unobstructed path of travel cannot be maintained, then sidewalk dining may not occur in conjunction with a parklet.A parklet cannot operate in conjunction with sidewalk dining. Eligible applicants must elect to operate a parklet or sidewalk dining. This ensures sidewalks remain open and available for pedestrian travel. c.
d. The setback may not contain seating
C. Other Location Criteria
1. Proximity to Utilities and Public Facilities
a. Parklets must not block public utilities, bus stops, driveways, telecommunication vaults, or other in-ground infrastructure.
i. Parklets shall not be placed over gas main or gas services due to potential hazards. b. Parklets located next to alleys (as defined under PAMC 18.04.030(a)8) must be set back 5 (five) feet from the outside edge of the driveway as measured from the curb face/gutter flowline.
c. Parklets shall be placed no closer than 50 linear feet from a bus stop loading zone. d. Parklets shall be placed no closer than 15 linear feet from fire hydrants. e. Parklets shall not be placed no closer thanwithin a 5 feet foot radius of a from manhole covers to allow for maintenance access.
f. Parklets shall be placed no closer than 5 linear feet from a storm drain catch basin. in each direction. Parklet construction and design must allow access to the catch basin and shall not obstruct the catch basin.
g. In the event that a parklet location is in conflict with public infrastructure (i.e., public signage, benches, etc.) the applicant shall work with the Office of Public Works and/or Office of Transportation prior to submittal to determine relocation.In the event a proposed parklet location is in conflict with public infrastructure (i.e., public signage, benches, etc.), the Public Works Department shall meet with the applicant to evaluate relocation of the
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infrastructure. Relocation of any infrastructure may not be possible.
2. Fire Safety
a. No portion of the parklet or associated seating shall block FDC or associated equipment. b. Business address shall be visible from the street and cannot be fully obstructed by the parklet and associated materials.
3. Street Trees
a. Any portion of the proposed parklet must maintain the following clearances from existing street trees:
b.a. Horizontal clearance equal to a two-foot radius around the tree well. This does not apply to raised tree wells.
a. Vertical clearance of 3 feet measured from the highest point of the parklet (if proposing a parklet with a roof).
b.
c. At no time shall there be materials placed in the tree well area or within City planters.
c. To discourage patrons from stepping on tree wells and possibly damaging tree roots, where needed, a railing shall be installed on the parklet platform adjacent to the tree well. This will alter the path patrons travel, limiting persons stepping on the tree roots. b.
4. Bike Facilities
c. Bicycle racks or other bicycle facilities shall not be removed, made unusable, or otherwise disturbed or obstructed by the construction of a parklet. i. Any parklet design that proposes such disruption shall require review by and approval of the Office of Transportation. Relocation of an existing bicycle facility may be subject to additional fees.
d. Applicants are encouraged to incorporate bike parking into their parklet design.
5. Accessibility
1. The sidewalk and parklet path of travel must comply with the appropriate Americans with Disabilities Act (ADA) and California Building Code (CBC) chapter 11B accessibility provisions.
2. The parklet path of travel must comply with CBC chapter 10 exiting requirements.
2. IV. Parklet Design
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The following guidelines describe both the safety and design requirements for parklet applications including standards for:
A. Platform
B. Enclosure
C. Traffic Safety
D. Furnishings & Fixtures
A. Platform
1. Structural
a. Parklets shall be constructed with quality materials and shall be of natural durable wood (such as redwood, cedar, etc.), preservative treated wood, or other engineered material suitable for exterior conditions.
b. The parklet platform must support 100 pounds per square foot of live load. c. All fastening hardware and fasteners adjacent to and into preservative treated wood must be made of one of the following: hot-dipped zinc coated galvanized steel, stainless steel, silicon bronze, or copper.
2. Drainage & Ventilation
a. The underside of the platform shall be constructed to allow for seasonal drainage. b. Adequate cross ventilation shall be installed to allow for the surface to dry within 12 –24 hours. c. Openings under the platform shall be screened with corrosion-resistant material with a maximum one quarter inch mesh.
d. Parklets shall not impede the flow of curbside drainage. The parklet design shall include a minimum 6.5” wide 4-1/2”x 8” clearance from sidewalk curb along the entire length of the parklet. Openings at either end of the parklet shall be covered with screens to prevent debris buildup beneath the parklet and in the gutter. The closure 2x decking can be removable for easy access for under platform inspection as needed. See Figure 4 for suggested platform attachment design details.
3. Platform Attachment
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[Note: Figure 4 is subject to changes based on discussions with Building and Public Works departments. This image is illustrative only.]
a. The parklet shall be anchored to the City street and/or curb. Any anchoring proposed into the public street will require USA markings and additional staff review. Platform system shall be anchored at maximum 6’-0 apart in each direction to the roadway to avoid movement during an earthquake. See Figure 4 above.
i. Limit anchoring to 6-12 inches embedment in the street. i.
b. The grate support along the curb face shall be anchored to the curb. The anchor shall be installed perpendicular to the curb (per the detail provided in figure 4). c. The manner of anchoring shall be through a pre-drilled hole into the curb and a concrete anchor bolt.
i. Limit anchoring to 6-12 3-4 inches embedment in the curb.
Figure 4: Suggested Platform Attachment Design
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d.
Figure 54: Suggested Platform Attachment Design
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Figure 64: Suggested Platform Attachment Design
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4. Roofs
a. Structural
i. Complete roof framing plan, which includes horizonal and vertical bracing, is required to be submitted with structural calculations. A licensed architect, and/or aA civil and/or structural engineer, shall sign the plan and associated calculations. ii. All connector hardware and fasteners shall be resistant to corrosion and listed as compatible to the framing material.
iii. Roof may be a solid uniform material or open construction (i.e., trellis, pergola, etc.) iv. Roofs shall not be attached or connected to a building. v. Roof shall slope toward the street to ensure rainwater drains into the street. vi. Gutters and rain leaders are required.
vii. Roofs shall not extend over the public sidewalk.
viii. Roof’s outer edges along the travel lane may extend 6 inches beyond parklet footprint at 8 feet or above to allow for attachment of the rain leaders and gutters only. b. Height
i. The roof shall be a minimum height of 89 feet provided the adjacent sidewalk is at least 8 feet wide. If the adjacent sidewalk is less than 8 feet wide, the applicant will need to consult with the Palo Alto Fire Department
i.ii. A parklet roof shall measure, but no taller than 12 feet, as measured from the platform grade.
c. Materials
i. Rooftop material may be of plywood sheathing, polycarbonate sheets, or sheet metal.
Roof framing maybe of one neutral tone such as natural or stained wood, or painted brown, black, beige, or other earth tones.
i. If plywood sheathing is used, it must be painted or stained. ii. Fabric roofing is not allowed.
ii. If fabric shade sails or similar fabric coverings are proposed, the fabric cover shall be limited to the top portion of the parklet and not extend to additional sides perpendicular to the street or sidewalk. All fabric coverings shall be of all-weather and flame retardant materials excluding vinyl.
iii. Roof material may be a solid uniform material or open construction (i.e., trellis, pergola, etc.)
iv. All exposed wood is required to be treated for exposure to weather.
5. Design
a. Platform decking materials shall be of one consistent material and be of a neutral tone such as natural or stained wood or painted brown, black, beige, or other earth tones.
6.5. Accessibility
a. The parklet shall comply with the Americans with Disabilities Act (ADA).
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b. The surface of the parklet platform must be flush with the adjacent sidewalk with a maximum gap of one quarter inch and one quarter inch vertical tolerance. c. A minimum 4-foot-wide accessible path of travel and 5-foot diameter turnaround space must be maintained within the parklet.
d. Any abrupt changes in elevation exceeding 4 inches along an accessible path of travel shall be identified by 6-inch-tall warning curbs.
e. Parklets shall utilize outdoor grade reflective tape to mark changes in grade. d.
D. Enclosures
1. Dimensions & Load
a. For user safety, pParklets are required to include a continuous barrier enclosure along the the parkletparklet’s edge adjacent to the travel lane and parking spaces edge to bolster parklet user safety. The barrier shall be located on the outermost edge of the platform on all sides adjacent to the travel lane and the parklet ends. The sidewalk edge of the parklet may be enclosed or open.
a.i. All parklets in which alcoholic beverages are served shall be enclosed on all sides of the parklet edge, as required by the department of alcoholic beverage control.
b. Theis continuous enclosure shall include a periodic barrier, which may be planters or other heavy material, along the parklet edge.
i. The periodic barrier shall weigh at least 500 lbs, and when filled with soil, sand, water, or concrete weighs 500 lbs..
b.ii. The periodic barrier shall be placed along the edge perpendicular to traffic and spaced at least at least every 6 feet along the parklet edge parallel to trafficthe travel lane.
c.iii. The periodic barrier shall measure at least 16 inches XX [still under deliberation, to be determined] in depthwidth, and a height no shorter than of at least 36 inches and no more than 38 inches 36 inches and no higher than 42 inches measured from the street levelsurface of the platform.
c. The enclosure must be at least 36 inches in height and no more than 38 inches in height, measured from the surface of the platform. comply with the California Building Code for guardrails, this includes but is not limited to guardrail gaps (smaller than a 4 inch sphere) and height (42 inches).
d. Any gaps in the enclosure shall be smaller than a 4-inch sphere. d.e. The Enclosure must be capable of withstanding at least 200 pounds of horizontal force.
2. Emergency Access (Figure 5)
a. A minimum 3-foot-wide emergency gap, with vertical and horizontal clearance, is required for every 20 feet of enclosure length.
b. The gap must be kept clear of any tables, chairs, bike racks, poles, walls, roofs, or other elements.
c. The barrier in the emergency access gap shall be easily removable by emergency personnel and provide a latch or hinge that allows easy access.
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i. The latch shall be placed on the outside of the barrier, facing the travel lane. ii. The hinge shall open a minimum of 90 degrees.
iii. Any gaps in the barrier shall be smaller than a 4-inch sphere.
2.3. Design
a. Enclosure materials must be high-quality, durable, and non-reflective including but not limited to hardwood, steel, concrete planters, etc.
a. Materials that are not permitted: Aluminum, particle board,, and vinyl, soft plastic or tarps.
b. The continuous enclosure must be a neutral tone such as natural or stained wood, or painted brown, black, beige, or other earth tones, or be made of steel, iron (wrought or cast), or other non-reflective, all-weather proofed metals.
c.b. Street facing colors used on the exterior of enclosure must be matte-finish paint or opaque stain.
d.c. Parklets shall integrate and/or incorporate vegetation into the enclosure (edge treatment) at least every six (6) feet.
a. The height of any plants contained within planters in setback or planters serving as a parklet platform enclosure shall not exceed 6”.impede or obstruct the view from the travel lane to the sidewalk and vice-versa.
b. Plant material shall not impede or hinder pedestrian and vehicular visibility.
Figure 5: Example Emergency Access
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b.
c. No plants shall have thorns, spikes, or sharp edges. d. Poisonous or invasive plants are not permitted.
Figures Images above illustrate compliant examples of a parklet enclosure.
4. Sidewalls
a. Parklets may include a hard, transparent screen between the enclosure and the roof to provide a windscreen for parklet users.
i. The sidewall screen must be completely transparent and not obstruct sightlines from the travel lane to the sidewalk and vice-versa.
ii. Materials that are not permitted: vinyl, soft plastic or tarps.
E. Traffic Safety
1. Wheel Stops
a. When a parklet is adjacent to active parallel parking spaces, a wheel stop must be installed to delineate the 4-foot setback from adjacent parking spaces (see figure 3 above). The wheel stop shall measure 3 feet long by 4 inches high (see figure 6). It shall be constructed of concrete or rubber.
a.
Figure 6: Wheel Stop
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b. Affixing Wheel Stops
i. Drilled-in Wheel stops: A permittee will need USA clearance to anchor a wheel stop into the road.
c. Location
i. The wheel stop shall be placed one foot from the curb at the edge of the front parking space.
ii. A wheel stop shall be placed one foot from the curb at the edge of the rear parking space.
iii. Wheel stops shall be placed four feet from the parklet structure. d. Exceptions
i. Parklets extending the length between two in-street tree wells, as on University Avenue, may omit wheel stops.
i. Figure 5: Wheel Stop
2. Reflective Delineators
a. The parklet shall include installation of the California Manual of Uniform Traffic Control Devices (MUTCD) approved delineator posts or flexible bollards. Examples of these devices are illustrated in Figures 7 and 8.
Figure 7: Reflective Delineator (Left Travel Lane) Figure 8: Reflective Delineator (Right Travel Lane)
b. Location
i. Delineator posts shall be surface mounted to the roadway via epoxy and/or glue down methods unless approved otherwise.
ii. Reflective delineators must be installed at the outside corners of the parklet. The channelizers or posts must align with the end of the platform and not encroach on the travel lane.
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iii. Additional delineators must be placed every 20 (twenty) feet in the 2 foot buffer zone along the lane of travel—but not in the lane of travel. c. Dimensions
i. Right side of trave lane -– Delineators shall be 42 inches high and white with white reflective bands for use on the right side of a travel lane. ii. Left side of travel lane – Delineators shall be 42 inches high and be white with yellow reflective bands if used on the left edge of a travel lane. d. Maintenance
i. Maintenance of the delineator posts shall be the responsibility of the Permit holder. ii. Permittee shall replace any missing or damaged delineators within 24 hours of a delineator’s failure or within 24 hours’ notice from the City.
Examples of these devices are illustrated in Figures 6 and 7.
Figure 6: Reflective Delineator (Left Travel Lane)
Figure 7: Reflective Delineator (Right Travel Lane)
3. Travel Clearance
a. Parklets shall provide a minimum 2-foot clearance from the edge of the travel lane (measured from the parking striping adjacent to the travel lane) to ensure safe separation from traffic.
F. Furnishings & Fixtures
1. Materials
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a. Parklet furnishings and fixtures must be high-quality, durable, outdoor-rated, and non- reflective including but not limited to: Hardwood, steel, concrete, etc. i. Materials that are not permitted: Aluminum, particle board, and vinyl. b. Parklet design and materials shall match the colors, textures, and design of the accompanying business storefront.
c.a. Parklets shall utilize outdoor grade reflective tape to mark changes in grade.
2. Electrical Power Supply
2. a. No power cords or conduits are allowed under the sidewalk. b. Power cords between the building and the parklet shall be in conduit, with a limit of one conduit per parklet, and shall not be adjacent, above, below or attached to any part of a fire escape.
a. Conduit shall be finished to match the parklet design b. No extension cords shall be permitted for fixed lighting or heaters c. A weatherproof GFCI electrical outlet may be installed on the exterior of the building at a minimum of 10 feet above the walking surface for decorative lighting purposes only. Fixed cables may be used to support the light’s cord and it shall be easily unplugged by fire department personnel.
d. Electrical power supply to the parklet, including receptacle outlets, shall comply with permanent wiring methods as outlined in the adopted California Electrical code. e. Parklet power source shall not be pulled from city sidewalk lighting or supported by tree f. Generators are not allowed in association with parklets.
a. Propane is not permitted to be used for heaters.
b. Electrical power supply to the parklet, including receptacle outlets, shall comply with permanent wiring methods as outlined in the adopted California Electrical code. c. Applicants must apply and obtain the appropriate electrical permit with a maximum of one conduit per parklet.
d. No power cords or conduits are allowed under the sidewalk. All electrical conduits shall be installed overhead, with a minimum height of 10 feet at the lowest point. Overhead conductors shall be properly sized and supported.
e. Generators are not allowed in association with parklets. f. Parklet power source shall not be pulled from city sidewalk lighting or supported by trees.
3. Lighting
a. If installing permanent lighting, an electrical permit shall be obtained and shall comply with permanent wiring methods as outlined in the adopted California Electrical code. b. The following types of lighting and fixtures are permitted:
i. String lights;
ii. Solar powered and/or rechargeable battery powered table lights; and iii. Overhead light fixtures for parklets with roofs (permit required) c. The use of electrical adaptors and power strips are prohibited. d. All lighting must be rated for exterior use, listed, and carry a product certificate for its intended use by a recognized electrical testing laboratory. e. Lighting must be LED only
f. Lighting shall be limited to the parklet area and not encroach into any portion of the public
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sidewalk.
g. Lighting shall be of the lowest intensity and energy use adequate for its purpose and be designed to focus illumination downward to avoid excessive illumination above the light fixture with a maximum of 100 watts or 1600 lumens, whichever is greater, per fixture. h. Applicants interested in lighting should consider solar-powered lighting that use a rechargeable battery.
3.4. Heaters
a. Only electrical heaters are allowed on parklets.
i. Electric heaters must be an outdoor approved type
ii. Electric heaters must be located on the parklet in accordance with the manufacturer’s instructions and specifications.
iii. Electric heaters must be placed at least 5 feet away from any combustible materials. iv. A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code.
b. Propane is not permitted to be used for heaters, equipment, appliances, or decorated elements.
c. Any new electrical circuits required for heating require an electrical permit from the Building Department (see ‘Power Supply’ above). Any electrical equipment must be listed and carry a product certificate for its intended use by a recognized electrical testing laboratory.
a. Parklets without Roofs
i. Electric space heaters are permitted if they are an outdoor approved type, are located in accordance with the manufacturer’s recommendations. ii. Heaters must be placed at least 5 feet away from any combustible materials. iii. Heaters may not be used or stored under a tent, canopy, or umbrella. iv. A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code.
v. Heaters must maintain at least 6 feet of clearance from any portion of street tree. b. Parklets with Roofs
i. Any new electric circuits required for heating and lighting require an electrical permit from the Building Department (see ‘Power Supply’ above). Any electrical equipment must be listed and carry a product certificate for its intended use by a recognized electrical testing laboratory.
ii. Permanently mounted electric heaters must follow all manufacturer's instructions and applicable code requirements.
iii. A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code.
4. Lighting
a. Outdoor lighting, such as decorative string lights are allowed if parklet permit holders can connect this lighting to a GFCI-protected branch circuit properly sized to accommodate the additional load.
b. Listed exterior rated extension cords must be sized properly for the anticipated load and not create tripping hazards. Extension cords shall not extend over any part of the sidewalk at grade.
c. Extension cords are not to be a substitute for permanent wiring.
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d. If utilized, extension cords shall be installed overhead with a minimum height of 10 feet at the lowest point. No cords can extend under the parklet floor or any floor coverings. e. The use of electrical adapters and power strips are prohibited. All lighting and extension cords must be rated for exterior use, listed, and carry a product certificate for its intended use by a recognized electrical testing laboratory.
f. Lighting must be LED only.
g. Lighting shall be limited to the parklet area and not encroach into any portion of the public sidewalk.
h. Low Voltage Wiring (such as might be used for speakers, though please note amplified music is not allowed)
i. All low voltage wiring must be installed per the adopted California electrical code.
5. Umbrellas
a. Permitted Umbrella Types:
i. Table Umbrella
ii. Tilting Umbrella
iii. Off-set/ Cantilever Umbrella
b. No portion of an umbrella shall extend beyond the edge and/or enclosure of the parklet on any side.
c. No umbrella shall obstruct the view from the street between three (3) and eight (8) feet, measured from the street, from any side.
6. Signage
a. Parklet signage is limited to six (6) square feet and shall be limited to the name of the business and shall be non-illuminated and non-reflective. Letters no taller than 15”. b. Businesses are permitted one (1) sign on their parklet, total. c. Signs must be affixed to the outer most portion of the parklet enclosure no higher than 36” from the street grade.
d. No form of advertising is permitted to be painted or mounted on any surface or area of the parklet.
e. Any existing parking signs installed adjacent to the parklet must be covered with opaque plastic; such coverage or illegibility shall occur only in manners approved by the City of Palo Alto through its Department of Public Works and/or its Office of Transportation.
7. Seating & Furniture
a. Accessibility
i. The establishment must provide 5% accessible seating for each type of seating provided (table, booth, etc.) or a minimum of 1 seat per type, whichever is greater, in an outdoor seating area where the slope is no greater than 2% in any direction. ii. Such ADA accessible areas shall include a clear path of travel to the seating and a 60” diameter turnaround area.
iii. Such ADA accessible seating shall be provided at an accessible height which includes:
i. Table surface between 28 to 34 inches high.
ii. At least 27 inches of space from the floor to the bottom of the table. iii. Knee clearance extends at least 19 inches under the table. iv. Total clear floor area of 30 inches by 48 inches per seat. iv. Such ADA accessible seating shall be of the same size and appearance as the establishment’s other outdoor seating.
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b. Street Furniture
i. Street furniture including tables, chairs, benches, etc. shall be all-weather, and of a high-quality material.
ImageFigures above illustrate street furniture examples.
8. Landscape
a. Vegetation shall be comprised of native, low-water use, and drought tolerant plants. b. No plants shall have thorns, spikes, or sharp edges. c. Poisonous or invasive plants are not permitted.
9. Televisions
c.a. Televisions are not permitted on parklets.
V. Operational Standards
9.10. Private Control
10. Parklets will be considered under the control of the permit holder. The permit holder is responsible for securing the parklet and any fixtures and furnishings contained within it at all times, including during hours when the associated business is not in operation. Staff continue to develop language regarding the private control of this area under the terms of the permit.
a.
11. Alcohol Service
a. Parklets that serve alcoholic beverages shall include appropriate fencing or other barriers to delineate the space and adhere to Alcohol Beverage Control (ABC) regulations. a.i. As described in the Enclosure section above, all parklets in which alcoholic beverages are served shall be enclosed on all sides of the parklet edge, as required by the department of alcoholic beverage control.
b. All physical requirements of ABC should be reflected in the design submitted for review. c. [Note: the following is still in discussion and a clear process is yet to be determined] A Conditional Use Permit (CUP) Amendment is required to allow alcohol service at a parklet. d. A restaurant with existing CUP for alcohol service must submit an application to Planning and Development Services to amend the existing CUP to expand alcohol service to parklet. e. The CUP Amendment must be approved before alcohol service is allowed at a parklet.
12. Site Maintenance
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a. Parklets shall be maintained free of litter and debris. b. The parklet area and adjacent sidewalk shall be scrubbed and mopped to remove any food or drink stains on a daily basis by the permittee.
13. Hours of Operation
a. The parklet shall adhere to the same approved hours of operation as the associated business. b. Note: In the CN or CS zone districts, a CUP is needed to operate/activities between the hours of 10:00 p.m. and 6:00 a.m. and approval conditions for operations during these hours are to ensure the operation is compatible with the abutting (or within 50 feet of) residential property.
14. Amplified Sound
a. Amplified sound shall not exceed a noise level of more than fifteen dB above the local ambient at a distance of twenty-five feet or more, as defined in section 9.10 of the Municipal Code.
b. Amplified sound is restricted to the following daytime hours:
i. 8 a.m. to 8 p.m. Monday through Friday, except holidays ii. 9 a.m. and 8 p.m. on Saturday, except holidays
b.iii. 10 a.m. and 6 p.m. on Sunday and holidays
VI. PERMIT APPLICATION REQUIREMENTS
A. Submittal Requirements
1. Site Plan—Site plan shall be drawn to scale on 11 x17 tabloid paper, include all pertinent dimensions and the following information:
a. Location of the business frontage
b. Dimensions of the parklet platform
c. ADA accessibility measurements
d. Setbacks from adjacent parking spaces and the adjacent traffic lane e. Locations of traffic protection improvements including wheel stops, reflective delineators, etc.
f. Location of public utilities including any manhole covers, gutter drains, fire hydrants, and FDCs, light poles, etc. (and distances to parklet)
g. Any adjacent installations on the sidewalk including parking meters, utility boxes, street signs, bike racks, street furniture, etc. (and distances to parklet) h. Existing parking space striping
i. Crosswalks, bus stops, driveways (and distances to parklet) j. Width of sidewalk
k. Planters (if applicable)
2. Floor Plan
a. Floor Plan of the proposed parklet showing the following information:
i. Total number and location of tables and seats and/or benches on parklet ii. Dimensions of tables, seats, and benches on parklet
2.3. Elevations
a. Elevation drawing showing the following information:
b. Height and design of platform railings/guards or edge buffers c. Height and design of roof (if applicable)
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d. Heating, lighting, other electrical equipment
e. Power connection (show distance from ground to overhead wire) f. Storm water drainage
g. Cross-section drawing of parklet
3.4. Construction Drawing/Calculation
a. Structural drawings
b. Structural calculations (if applying for parklet with roof) c. heating, lighting, other electrical equipment
d. electrical power connection/source
4.5. Pictures of proposed site—The application should include at least 3 photos showing existing built parklet, if applicable, the proposed parking space(s) converted into a parklet, adjacent sidewalk and store frontage
5.6. List of all materials and equipment proposed
a. Materials palette showing the following information:
i. Proposed materials for platform
ii. Proposed materials for railings or edge buffers
iii. Proposed furnishings
iv. Roof material (if applicable)
b. Equipment sheet including:
i. Image of equipment
ii. Any manufacturer instructions
c. Planters
d. Type of plants
6.7. Parklet Information:
a. Number of parking spaces requested
b. Perpendicular or angled spaces
c. Color of curb
d. Proposed use of parklet
e. Business hours of operation
f. Parklet Designer/ Architect/ Engineer/ Construction Firm contact (if applicable) g. Signage (if applicable)
7.8. Business Information
a. Business Address
b. City of Palo Alto Business License Number
8.9. Business Owner Information
9.10. Property Owner Information (if different than applicant)
10.11. Insurance Documents
12. Letter(s) of Support -– A parklet applicant must get a letter of support from the neighboring ground-floor tenant(s) and building owner(s) if more than half of a marked parking space is not in front of the applicant’s storefront, or if any part of an unmarked parking space is not in front of the applicant’s storefront (see Figure 9).If the proposed parklet extends beyond the applicant’s storefront, the applicant shall obtain letters of support from the neighboring ground- floor building owner(s) and tenant(s). [Note to City: Draft template to be provided, still being drafted by staff].
a. If the tenancy and/or ownership of the neighboring property changes, Public Works may require the parklet sponsor to submit an updated letter of support to continue utilizing any space extending into a neighboring frontage regardless of the status of the parklet
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license at the time of change of ownership/tenancy.
b. Consent to occupy neighboring space as part of a parklet permit is revocable by nature; and, if such support is revoked, or if parklet occupancy is not in accordance with the terms of any applicable law, these regulations, and/or any permit requirement, the parklet sponsor is responsible for the removal of any structure placed in the right of way under the parklet permit, including any applicable portion of the parklet permit extending into a neighboring frontage.
11.c. Parklet sponsor must obtain an up-to-date letter of support for any future license renewals as requested by Public Works during future permit renewal processes.
13. Indemnity Acknowledgement
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12. Source: City of San Francisco, 2022. Shared Spaces Manual.
B. Failure to Maintain
A parklet sponsor who fails to properly and sufficiently maintain the cleanliness, safety, and accessibility of their parklet may be subject to violations and fines. If maintenance issues are not resolved, the City may revoke the encroachment permit and the parklet sponsor may be required by the City to remove Figure 9: Example of Letter of Support Requirement
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the parklet at their own expense.
C. Utility Maintenance & Public Safety
Because a parklet may sit atop buried utilities, there may be instances where a parklet will need to be removed to access a utility beneath it. In the event of necessary utility maintenance or the unlikely event of a utility failure such as a gas leak or water main break that threatens public safety, the City or utility owner may remove parklets with little or no notice. Parklet sponsors are responsible for the cost of re-installing and restoring any damage to the parklet.
In instances of advanced notice (such as street repaving, planned maintenance, etc.), the parklet sponsor may need to remove and reinstall the parklet at their sole expense. If the sponsor cannot remove the parklet, the City will remove the parklet.
D. Parklet Removal
If for some reason the parklet sponsor decides no longer wants to maintain a parklet, the parklet sponsor is responsible for notifying the City and removing it at the parklet sponsors’ own expense.
Immediately upon removal the parklet area shall be cleaned and restored to its previous condition to the satisfaction of the City.
E. Permit Fees, Permit ChargesLicense Fee, and Deposit
[Note: Fee methodology for permit and license annual or monthly leasing fee is still to be determined in addition to any resulting fee for ongoing program management].
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Schedule of Meetings
Published October 13, 2022
This is a courtesy notice only. Meeting dates, times, and locations are subject to change. Almost all Palo Alto Council and some Standing Committee meetings are cablecast live on Channel 26. If there ha ppens to be concurrent meetings, one meeting will be broadcast on Channel 29.
Persons with disabilities who require auxiliary aids or services in using City facilities or programs, or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact: ADA Coordinator, City of Palo Alto, 650-329-2550 (voice) or 329-1199 (TDD), [email protected]. Listening assi stive devices are available in th e Council Chambers. S ign language interpreters will be provided upon request with 72 hours advance notice. Please advise the City Clerk's Office (650-329-2571) of meetings or changes by 3:00 p.m. on Wednesdays for inclusion in the following week’s schedule.
Meetings are held in-person and virtually unless otherwise noted THURSDAY, October 13
Historic Resources Board, 8:30 a.m.
Human Relations Commission, 6:00 p.m.
MONDAY, October 17
City Council, 5:00 p.m.
TUESDAY, October 18
Finance Committee, 5:30 p.m.
WEDNESDAY, October 19
Rail Committee, 1:00 p.m.
THURSDAY, October 20
City/School Liaison Committee, 8:30 p.m.
Architectural Review Board, 8:30 a.m.
Public Art Commission, 7:00 p.m.
MONDAY, October 24
City Council, 5:00 p.m.
TUESDAY, October 25
Parks & Recreation Commission, 7:00 p.m.
WEDNESDAY, October 26
Planning & Transportation Commission, 6:00 p.m.
THURSDAY, October 27
Historic Resources Board, 8:30 a.m.
TUESDAY, November 1
Finance Committee, 5:30 p.m.
WEDNESDAY, November 2
Utilities Advisory Commission, 6:00 p.m.
Physical Location
Council Chambers
Council Chambers
Council Chambers
Community Meeting Room
Community Meeting Room
Virtual Only
Council Chambers
Council Chambers
Council Chambers
Council Chambers
Council Chambers
Council Chambers
CANCELLED
Council Chambers
THURSDAY, November 3
Architectural Review Board, 8:30 a.m. Council Chambers
Policy & Services Committee, 7:00 p.m. Council Chambers a
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Supplemental Report – Item 7
MEETING DATE: OCTOBER 24, 2022
TO: HONORABLE CITY COUNCIL
FROM: ED SHIKADA, CITY MANAGER
SUBJECT: AGENDA ITEM NUMBER 7 - TITLE: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT CONTRACT NUMBER C23185658 WITH BKF
ENGINEERS FOR THE AMOUNT OF $900,000 OV ER A 3 -YEAR TERM FOR
ON-CALL SURVEYING AND DESIGN SUPPORT SERV
Attachment A (the proposed Professional Services Agreement) was inadvertently missing from the original published packet due to a system compiling issue. Attachment A is attached to this supplemental report.
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Professional Services
Rev. Dec.15, 2020
CITY OF PALO ALTO CONTRACT NO. C23185658
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND BKF ENGINEERS
This Agreement for Professional Services (this “Agreement”) is entered into as of the 24th day of October, 2022 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BKF ENGINEERS , a California corporation, Department of Industrial Relations (DIR) Registration Number # 1000002096, located at 255 Shoreline Drive, Suite 200, Redwood City, CA 94065 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to perform topographic surveying for various work groups within the Public Works Engineering Services Division (the “Project”) and desires to engage a consultant to provide as-needed, on-call surveying services in connection with the Project ( the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capabil ity, 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.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on -call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and appro ved by CITY’s Project Manager, DocuSign Envelope ID: A602A61E-BE04-42DC-8C15-38C937A8C0B1
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Professional Services
Rev. Dec.15, 2020