CITY OF PALO ALTO CONTRACT NO. C24188179
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND JOHN BELA URBANISM + DESIGN, LLC dba: URBAN FIELD STUDIO FAIRFAX
This Agreement for Professional Services (this “Agreement”) is entered into as of the 19th day of October, 2023 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and JOHN BELA URBANISM + DESIGN, LLC dba: URBAN FIELD STUDIO FAIRFAX a Califo rnia Limited Liability Corporation, located at 24 Woodland Road, Fairfax, CA 94903 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to retain the services of a qualified consulting firm ( (the “Project”) and desires to engage a consultant to produce a CAR-FREE STREETS Alternatives Study and Implementation Plan for the City of Palo Alto in connection with the Project ( the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
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 DocuSign Envelope ID: 354AE088-777C-406F-B1B7-543AF69111C5 Item 9
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CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TA SK ORDER”.
Each Task Order shall contain a specific scope of s ervices, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31, 2024 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. .
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ECTION 3. SCHEDULE OF PERFORMANCE. T ime is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to the extent caused by CONSULTANT’S failure to meet its professional standard of care. Notwithstanding anything to the contrary contained herein, CONSULTANT shall not be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. .
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Three Hundred Forty - Nine Thousand, Nine Hundred Ninety-One Dollars ($349,991.00). The hourly schedule of rates, if applicable, is set out in Exhibit C -1, entitled “ SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
DocuSign Envelope ID: 354AE088-777C-406F-B1B7-543AF69111C5 Item 9
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Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Thirty-Four Thousand, Nine Hundred Ninety-Nine Dollars ($34,999.00) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C , shall not exceed Three Hundred Eighty - Four Thousand, Nine Hundred Ninety Dollars ($384,990.00), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional S ervices in this Section 4. CONSULTANT shall prov ide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
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ECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall be performed with the professional standard of care that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances and locality. Such professional standard of care is not a warranty or guarantee and CONSULTANT shall have no such obligation.
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ECTION 7. COMPLIANCE WITH LAWS. C ONSULTANT’S shall exercise due and reasonable professional care in observing those non-conflicting keep itself informed of and in compliance with all federal, state and local codes, laws, ordinances, regulations, and orders applicable at the time CONSULTANT renders its Services that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances and locality that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, or CONSULTANT’S Services, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
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ECTION 8. ERRORS/OMISSIONS.
CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions, to the extent caused by CONSULTANT’S failure to meet its professional standard of care.
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ECTION 9. COST ESTIMATES. I f this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal, CONSULTANT’S opinions or estimates of probable construction cost are prepared on the basis of CONSULTANT’S experience and qualifications and represent CONSULTANT’S judgment as a professional, generally familiar with the industry. However, since CONSULTANT’ has no control over the cost of labor, materials, equipment or services furnished by others, over contractor’s methods of determining prices, or over competitive bidding or market conditions, CONSULTANT cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from CONSULTANT’S opinions or estimates of probable construction cost. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY DocuSign Envelope ID: 354AE088-777C-406F-B1B7-543AF69111C5 Item 9
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pproved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or t ransfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
K imley -Horn
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CITY assum es no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts DocuSign Envelope ID: 354AE088-777C-406F-B1B7-543AF69111C5 Item 9
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and omissions of subcontractors . CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT . CONSULTANT will assign John Bela, [email protected], (415) 350-8257 as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day- to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’ s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Ozzy Arce, [email protected], D epartment, Office of Transportation, 250 Hamilton Avenue Alto, CA , 94301, Telephone:(650) 329-2156. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate P roject Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intelle ctual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
CITY acknowledges that CONSULTANT’S work product may be stored and delivered to CITY and others in electronic files (“Data”), and that anomalies and errors can be introduced into the Data when it is transferred or used in conjunction with incompatible computer equipment or software. CONSULTANT’S Data is being furnished "as is" and CONSULTANT shall have no duty to modify or update the Data. CONSULTANT reserves the right to retain an archival paper or electronic copy of the Data delivered to CITY or the general contractor which shall be referred to and shall be conclusive proof and govern in all disputes over the form or content of the Data furnished by CONSULTANT.
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ITY acknowledges that ownership of, and any copyrights to, CONSULTANT’S and its consultants pre-existing standard details and specifications shall remain with their respective owners and CITY shall not acquire any rights in any such pre-existing standard details.
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SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
Option A applies to the following de sign professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and any other entity or person for which CONSULTANT is legally liable (each an “Indemnified Party”) from and against any damages, losses, liabilities, judgments, settlements, expenses and costs, that Indemnified Party incurs from third party demands, claims, actions suits or matters connected therewith, including reasonable and necessary costs and expenses attorney’s fees, costs and expenses recoverable under applicable law (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct, including death or injury to any person, or damage to tangible property of CONSULTANT, its officers, employees, any other entity or person for which CONSUL TANT is legally liable under this Agreement, Notwithstanding the foregoing, if CONSULTANT’S obligation to indemnify arises out of CONSULTANT’S performance of services for the Project as a “design professional,” as that term is defined in California Civil C ode Section 2782.8, CONSULTANT’S indemnity obligation shall be limited in accordance with the provisions of Section 2782.8 as it was in effect as of the date of this Agreement. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth in this indemnity provision from each and every subconsultant it retains. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by any applicable statute of repose or statute of limitations. CONSULTANT is not obligated to indemnify and hold harmless Indemnified Party for its active or sole negligence, or willful misconduct.
[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any othe r loss, including all costs and expenses of whatever nature including attorney’ s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or DocuSign Envelope ID: 354AE088-777C-406F-B1B7-543AF69111C5 Item 9
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contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, i ts officers, employees, agents or contractors under this Agreement.
16.3. Th e acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CIT Y concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain reference and attach an endorsements stating that the insurance (1) is primary coverage, with the exception of professional liability, workers’ compensation and employers’ liability insurance policies, and (2) will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
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18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT wi ll deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s S ervices provided in material conform ity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
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SECTION 20. NOTICES.
A ll notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
W ith a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
C ONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT furt her covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an off icer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
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22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) A ll printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In par ticular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
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SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. T his Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
26.1. T his Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations.
CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, cl assification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq. ), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.) , as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “ DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR.
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
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T his Project is a 9204 Public Works Project and is required to comply with the claim’s procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
OR
T his Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
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28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits) , this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
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29.7. T he provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C24188179
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
JOHN BELA URBANISM + DESIGN, LLC
dba: URBAN FIELD STUDIO FAIRFAX
Officer 1
By:
Name:
Title:
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT will provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.
CONSULTANT will produce an Alternatives Study and Implementation Plan for the City of Palo Alto.
Task 1 – Public Outreach and Engagement Strategy
• CONSULTANT will customize the engagement approach for each of the target audiences, and return to them to solicit ideas and input into the planning and design process.
• CONSULTANT will work closely with City staff for all community engagement activities and will build on previous community feedback from Palo Alto’s Uplift Local program and other City-led engagement efforts.
Task 1.1 – Kick-off Meeting, Community Engagement Strategy Memo • CONSULTANT will meet with City staff to discuss key stakeholder groups and target audiences and how to engage with them.
• CONSULTANT will prepare a Community Engagement Strategy Memo that outlines target audiences, engagement approaches, and a schedule for meeting with stakeholder groups.
Timing
• 1 meeting, 2-hours, preference for in-person (part of the kick-off meeting). • 1 week to develop Memo.
Deliverables
• Community Engagement Strategy Memo.
Task 1.2 – Phase One Community Engagement: Initial Outreach • CONSULTANT will conduct a preliminary phase of outreach with all stakeholder groups identified in the Engagement mem. These will be small group, informal meetings; meetings that occur during canvassing efforts with local businesses. The purpose of these preliminary meetings is to gather insights and concepts and to identify important considerations in advance of developing preliminary concepts.
Audience
• Cal Ave. Business Association or Merchants Association, or similar group. • Individual California Avenue Business District business owners. • Ramona Street Business Association or Merchants Association, or similar group.
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• Individual Ramona Street business owners.
Activities
• In person or virtual meetings with business association representatives. • Canvassing during business hours - a short survey will be developed to collect opinions door to door on California Avenue and Ramona Street.
• Office hours will be held via zoom or other virtual format with the business owners on California Avenue and Ramona Street. Multiple business owners can be interviewed together during office hours.
Timing
• (2) 1-hour meetings with business association representatives, 3 office hours, 1-hour each, 8 hours of canvassing.
Deliverables
• Fliers; short online survey.
Audience: Advisory Groups and Committees
• Palo Alto Pedestrian and Bicycle Advisory Committee (PABAC). • Palo Alto Chamber of Commerce Board of Directors, or a similar group. • Historic Resources Board (HRB).
• Architecture Review Board (ARB).
• Planning and Transportation Commission (PTC).
Activities
• (5) In person or virtual meetings with selected representatives of each of the Boards, Commissions, and Committees.
Timing
• 5 meetings, 1 hour each.
Deliverables
• Slide deck Presentation.
Audience; Local Resident and Employees/Workers
Activities
• Mailers will be sent out (distribution by the City) to residents and nearby offices to share the options for feedback on the project. Mailers will include two ways of getting in touch:
by email and through office hours (held online). Additionally, stakeholders will be invited to the project webpage (hosted on the City website) and the Community-at-large Outreach event.
Timing
• 3 office hours, 1-hour each.
Deliverables
• Mailer design only.
Task 1.3 – Phase Two Community Engagement: Socialize Preliminary Concepts • CONSULTANT will socialize preliminary concepts and gather feedback from target audiences and stakeholder groups. This phase will include presentations at regularly scheduled commission, committee, board meetings, a City Council Study Session and Community at-large public events.
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Audience: Local Businesses
• Cal Ave Business Association or Merchants Association, or similar group. • Ramona Street Business Association or Merchants Association, or similar group.
Activities
• Presentation of preliminary concepts at Business / Merchant association meetings.
Timing
• (2) 1-hour meetings with biz association representatives.
Deliverables
• Content for memos or reports, presentation, summary of insights and feedback added to the ‘What We Heard’ memo.
Audience: Advisory Groups and Committees
• Palo Alto Pedestrian and Bicycle Advisory Committee (PABAC). • Palo Alto Chamber of Commerce Board of Directors, or a similar group. • Historic Resources Board (HRB).
• Architecture Review Board (ARB).
• Planning and Transportation Commission (PTC).
Activities
• (5) In person or virtual presentations at regularly scheduled meetings.
Timing
• 5 meetings, 1-2 hours each.
Deliverables
• Content for memos or reports, presentation, summary of insights and feedback added to the ‘What We Heard’ memo.
Audience: Local Residents and Employees / Workers
Activities
• Community-at-large Outreach Events
o Two events will be held, one on Ramona Street and the other on California Avenue to engage the Community-at-large. Ideally timed with recurring weekly events, like farmer’s markets, outdoor music, or holiday events, the team can table to garner feedback and extend the invitation to be part of an online survey about the streets. This would capture the opinion of visitors. o The events will include tabling and an interactive diagram of the street to capture ideas. The display will be colorful, and comments will be added to boards.
Timing
• Two 4-hour events (one for each street).
Deliverables
• Boards and Interactive Feature, summary of insights and feedback added to the ‘What We Heard’ memo.
Audience: City Council
Activities
• Presentation at City Council Study Session.
o CONSULTANT will present preliminary concepts and a draft of the What we heard report from previous engagement efforts.
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Timing
• One 1.5-hour presentation and discussion with City Council.
Deliverables
• Content for memos or reports, presentation, summary of insights and feedback added to the ‘What We Heard’ memo.
Task 1.4 – Phase Three Community Engagement: Socialize Preferred Concepts • CONSULTANT will socialize preferred concepts to gather feedback from target audiences and stakeholder groups. This phase will include presentations at regularly scheduled commission, committee, board meetings, and a second City Council Study Session.
Audience: Local Businesses
• Cal Ave Business Association or Merchants Association, or similar group. • Ramona Street Business Association or Merchants Association, or similar group.
Activities
• Presentation at Business / Merchant association meetings.
Timing
• (2) 1-hour meetings.
Deliverables
• Content for memos or reports, presentation, summary of insights and feedback added to the ‘What We Heard’ memo.
Audience: Advisory Groups and Committees
• Palo Alto Pedestrian and Bicycle Advisory Committee (PABAC). • Palo Alto Chamber of Commerce Board of Directors, or a similar group. • Historic Resources Board (HRB).
• Architecture Review Board (ARB).
• Planning and Transportation Commission (PTC).
Activities
• In person or virtual presentations at regularly scheduled meetings.
Timing
• (5) 1-1.5 hour meetings.
Deliverables
• Content for memos or reports, presentation, summary of insights and feedback added to the ‘What We Heard’ memo.
Audience: Residents and Employees / Workers
Activities
• Invitation to provide feedback on project webpage.
Timing
• Open invitation to add comments and feedback on project webpage.
Deliverables
• Preferred Concept Content on project webpage.
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Audience: City Council
Activities
• Presentation at second City Council Study Session.
Timing
• One 1.5-hour presentation and discussion with City Council.
Deliverables
• Content for memos or reports, presentation, summary of insights and feedback added to the ‘What We Heard’ memo.
Task 1.5 – Phase Four Community Engagement: Present Final Plan • CONSULTANT will present the final preferred plan and implementation strategy at a City Council hearing.
Timing
• One 1.5-hour presentation and discussion with City Council.
Deliverables
• Content for memos or reports, presentation of final Urban Design Plan and Implementation Plan.
Task 1.6 – Community Outreach Summary
• CONSULTANT will prepare a ‘What We Heard’ memo that summarizes the entire engagement process for the project and identifies key insights, concerns, and considerations. This will form the basis of the design brief prior to developing preliminary concepts and guide the process to select preferred alternatives. This document will serve as a record and summary of the project engagement efforts.
Timing
• Draft in Q1 2024, Final in Q3 2024.
Deliverables
• ‘What We Heard’ memo for public presentation, content for project webpage summarizing the engagement effort, such as a public executive summary of the ‘What We Heard’ memo.
Task 2 – Research & Analysis of Existing Conditions and Technical Studies Task 2.1 – Background Research
• CONSULTANT will conduct a review of relevant policy and planning documents, codes, and previous community engagement efforts.
o Review existing sources of City provided data, i.e., GIS files, parking and loading data. The Consultant may need to supplement existing City provided data sources, and budget has not yet been allocated to collect and utilize supplemental data. o Review existing economic impact reports from Uplift Local phase, including the Community & Stakeholder Engagement Report and the Street sense Economic report.
o Review previous engagement efforts.
Timing
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• Q4 2023, Q1 2024.
Deliverables
• Key insights integrated into ‘What We Heard’ memo and Draft Design Brief.
Task 2.2 – Parking and Loading Assessment
• CONSULTANT will do an evaluation of parking contexts and options within roughly a block of the Project’s Area of Interest. Parking data provided by the City includes information about capacity and usage at different times of days for both on- and off- street facilities.
• Prior to conducting evaluations, the CONSULTANT will incorporate 2023 parking data provided by the City in an Excel file into GIS files provided by the City that includes parking facility location information.
• CONSULTANT will evaluate the updated GIS-based data and work with the City to determine if additional parking data should be collected before commencing further analyses.
• CONSULTANT will develop up to 6 maps (2 locations, three different times of day) that include information about on- and off-street parking facilities and their capacities and occupancies. These maps will be color coded to represent percent occupancies at the facility at the time of day represented in the map.
Timing
• Q4 2023, Q1 2024.
Deliverables
• Conduct a parking / loading assessment using existing city parking capacity and utilization data and integrate key insights into ‘What We Heard’ memo and Design Brief.
Task 2.3 – Location Analytics Data Analysis
• CONSULTANT will access Replica and Replica data through a City provided access account (through the Consultant Access Program) to obtain relevant data to support the project’s transportation and circulation analysis.
Timing
• Q4 2023, Q1 2024.
Deliverables
• Key insights integrated into ‘What We Heard’ memo and Design Brief.
Task 2.4 – Meeting to review existing conditions analysis with City Team • CONSULTANT will review key findings from background research and existing conditions analysis with the City team, and update the design brief based on conversations with City staff.
Timing
• Q1-Q2 2024.
Deliverables
• Summary of site analysis, including parking analysis; Draft ‘What We Heard’ memo and Design Brief.
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Task 3 – Urban Design Framework
• Building on the site analysis, community engagement, and discussions with City Staff to inform the project Design Brief, the CONSULTANT will craft a comprehensive urban design framework for the project focus areas and areas of interest (see map). • CONSULTANT will establish the conditions for an environment that encourages curiosity and exploration, place-making, and economic vibrancy, while also considering overall project cost and operational capacity.
• CONSULTANT will seek to balance the uses and users of the street such as pedestrians and cyclists, retailers and restaurants, parking and emergency vehicle access. • The Urban Design framework will evolve over the course of the project in response to key findings and insights from site analysis and community engagement. • CONSULTANT will work with the City and stakeholders to identify up to two future scenarios for both the California Avenue and Ramona Street areas (four scenarios total) to be advanced into more detailed evaluation. The scenarios will be identified, developed, and selected using high-level screening criteria built from the design brief, including guiding principles for the effort.
Map of Project Areas:
• For California Avenue, the Project Focus Area is California Avenue between El Camino Real and Birch Street; and the Project Area of Interest is California Avenue from El Camino Real to the Caltrain Station, Ash Street to Sherman Avenue, neighboring alleyways and streets: Cambridge Avenue, New Mayfield Lane, Jacaranda Lane, and Sherman Avenue.
• For Ramona Street, the Project Focus Area is Ramona Street between University Avenue and Hamilton Avenue; and the Project Area of Interest is Ramona Street adjacent pedestrian alleyways and drive aisles.
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The Urban Design framework will incorporate the following elements and considerations:
Task 3.1 – Streetscape Design and Amenities
• CONSULTANT will develop concepts for a public realm and streetscape design that includes, but is not limited to the following:
o Delineation of pedestrian, bicycle, and vehicular access zones. o Delineation of public and private commercial use areas. o Pedestrian Priority Street Design including surface treatments, movement and lingering areas, hierarchy and delineation of public and private spaces. o Opportunities for daily, weekly, and seasonal events and gatherings. o Furnishings: paving treatments, planting, lighting, various types and arrangements of seating.
o Utilities: power, lighting, heating, water POCs, drainage, street cleaning. o Safety and security, ADA accessibility, vehicle barricades. o Amenities: Restrooms, Bike parking.
o Locations and Opportunities for Public art and Street Activation.
Timing
• Q1 2024.
Deliverables
• Preliminary illustrative plans, circulation, and access diagrams for up to four concepts. • Final illustrative plans, circulation and access diagrams, and up to 4 eye-level experience renderings for preferred alternative concepts.
Task 3.2 – Access, Circulation, Traffic, Parking, and Curb Impacts and Strategies • As a major component of the Urban Design framework, the CONSULTANT will work with the City and stakeholders to develop strategies and scenarios that strongly contribute to strengthened public life and economic outcomes while also appropriately maintaining or creating access, circulation, off-street parking/loading, and managed curb conditions. • The guiding principles for this task are as follows:
o Identify preferred uses for public streets and alleys, with focus on strengthening public life and improving economic, environmental, and quality-of-life outcomes. o Provide appropriate access for service and emergency vehicles – the team will conduct an analysis of what other cities are doing for emergency access of local car-free streets to help inform guiding principles related to this topic. o Make sure there are adequate places to park and plan for proper utilization of other facilities before developing curb usage and management strategies for the California Avenue and Ramona Street scenarios.
o Plan for high-quality bicycle and pedestrian networks that are connected, safe, clean, and comfortable.
o Integrate transit access particularly to/from VTA bus stops and Caltrain train stations.
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Task 3.2.1 – Scenario Evaluation
• CONSULTANT will evaluate traffic and parking impacts for up to two configurations for pedestrianization (vehicular road closure or diet scenarios) in both the California Avenue and Ramona Street areas (four scenarios total). Access to properties and access for pedestrians, bicycles, emergency vehicles, and shuttle and transit riders will be evaluated based on the presence and quality of access routes and locations. Potential vehicular traffic impacts (e.g., traffic expected to be diverted onto residential streets or into congested intersections) will be evaluated using Synchro. Solutions to address potential vehicular traffic impacts (e.g., traffic diversion to contribute to calm residential streets and potentially bike boulevards, improved intersection or corridor design and/or signal coordination/timing, etc…) will also be explored.
• This task includes eight study intersections in the California Avenue area, which are:
o El Camino Real / College Avenue
o El Camino Real / Cambridge Avenue
o El Camino Real / California Avenue
o El Camino Real / Grant Avenue
o Birch Street / Grant Avenue
o Birch Street / College Avenue
o Park Boulevard / Grant Avenue
o Park Boulevard / Oxford Avenue
• CONSULTANT will collect Multimodal turning movement count data for each of the intersections listed above, as well as for people riding vs walking their bikes through the California Avenue undercrossing, during weekday AM & PM 2-hour peak times. • CONSULTANT will focus the traffic analysis related to Ramona Street on evaluating the ability of nearby parallel streets to accommodate traffic volumes without Ramona Street being a part of the vehicular circulation network.
• CONSULTANT will obtain pre-pandemic traffic volumes of Ramona Street, as well as pre-pandemic and current traffic volumes for nearby parallel streets from Replica through the consultant access program.
Timing
• Q2 2024.
Deliverables
• Summary of Scenario Evaluation: Traffic and Parking Impacts for preferred alternatives (2 alternatives for Cal Ave, 2 alternatives for Ramona Street).
Task 3.2.2 – Parking and Curb Management Strategies for Preferred Alternatives • CONSULTANT will work with the City and stakeholders to develop parking and curb management strategies for the preferred scenarios.
• CONSULTANT will incorporate potential access impacts (within project boundaries) as well as potential traffic impacts (outside of project boundaries) associated with the preferred scenarios, and strategies to address them, into the updated design brief and final concept alternative presentation.
Timing
• Q3 2024.
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Deliverables
• Parking and loading strategies for preferred alternatives Integrated into Draft and Final Urban Design Framework.
Task 3.3 – Commercial Outdoor Dining Design Standards and Guidelines • CONSULTANT will evaluate existing use of public right-of-way for open streets, parklets, and private outdoor dining on Cal Ave and Ramona Streets, and develop commercial outdoor dining design standards and guidelines that build on the City’s recently adopted Permanent Parklet Guidelines and Regulations. • CONSULTANT will highlight relevant findings from best practices research that apply to Palo Alto.
• CONSULTANT will develop written and graphic design standards and guidelines for commercial outdoor dining /patios, as informed by the City’s recently adopted Permanent Parklet Guidelines and Regulations.
• Develop recommendations for a fee/pricing strategy for public and commercial use of the public right-of-way, as informed by the City’s recently adopted Permanent Parklet Regulations.
• Present draft design standards and guidelines to commission, committee, and boards for recommendation, and the City Council for adoption and incorporation as part of the preferred alternative.
Timing
• Q2 2024.
Deliverables
• Design standards and guidelines for commercial outdoor dining on Cal Ave and Ramona Streets; content for presenting draft guidelines to commission, committee, boards, and the City Council.
Task 3.4 – Historic Resources
• CONSULTANT will review background information on Cal Ave Business District and Ramona Street Historic District and incorporate historic resources design consideration into the Design Brief and Urban Design Framework Plan.
Timing
• Q3 2024.
Deliverables
• Incorporate historic resources design considerations into the Design Brief and Urban Design Framework Plan.
Task 3.5 – Signage
• CONSULTANT will develop a conceptual plan for Pedestrian directional/wayfinding signage and vehicle signage.
• CONSULTANT will provide recommendations for wayfinding signage and/or Car-free Streets identification.
Timing
• Q3 2024.
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Deliverables
• Incorporate signage considerations into the Design Brief and Urban Design Framework Plan.
Task 3.6 – Legislative Options
• CONSULTANT will evaluate and determine the various legislative methods for enacting a permanent street closure, a one-way directional partial street closure, and a seasonal closure, including, but not limited to reviewing and reporting on the Pedestrian Mall Law of 1960.
Timing
• Q3 2024.
Deliverables
• Incorporate legislative considerations into the Design Brief and Urban Design Framework Plan.
Task 3.7 – Equity and Accessibility
• As part of the community engagement process, the CONSULTANT will identify key considerations for universal access, including identifying the potential obstacles or barriers for different communities and user groups to participate in and shape these new public spaces. Equity and Accessibility considerations will be integrated into the project design brief and will be used as fundamental drivers of alternatives evaluation.
Timing
• Q3 2024.
Deliverables
• Incorporate equity and accessibility considerations into the Design Brief and Urban Design Framework Plan.
Task 3.8 – Equitable Economic Development and Partnership Building • Using best practice research, the CONSULANT will build a case for the project in the design to demonstrate the role that Cal Ave and Ramona Street streets can have on the local economy.
• Using case studies from local and national precedents the CONSULTANT team will craft recommendations to establish a strong base of ongoing support and stewardship.
Timing
• Q3 2024.
Deliverables
• Incorporate recommendations for equitable economic development and partnership building into the Design Brief and Urban Design Framework Plan.
Task 4 – Urban Design Framework
Task 4.1 – Open Streets Road Map
• The Urban Field team will create a roadmap outlining steps to implement the Urban DocuSign Envelope ID: 354AE088-777C-406F-B1B7-543AF69111C5 Item 9
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Design Framework including recommendations for strategic investment priorities, phasing, organizational structure, and partnerships for maintenance, programming and stewardship.
Timing
• Q3 2024.
Deliverables
• Project Implementation Roadmap.
Task 4.2 – Funding Strategies and Legislative Approach
• CONSULTANT will identify opportunities for public and private funding and recommend a legislative method to implement the preferred option and Plan.
Timing
• Q3 2024.
Deliverables
• Funding Strategies and Legislative Approach recommendations integrated into Implementation Plan.
Task 4.3 – Ongoing Maintenance and Safety
• Based on the site analysis and community engagement, the CONSULTANT will generate recommendations for Cal Ave. and Ramona Street maintenance and public safety, including but not limited to: street cleaning, graffiti abatement, and vehicular and pedestrian lighting recommendations.
Timing
• Q3 2024.
Deliverables
• Ongoing Maintenance and Safety recommendations integrated into Implementation Plan.
Task 4.4 – Ongoing Operations and Stewardship
• CONSULTANT will Identify short and long-term operational needs and management of public realm areas and provide suggestions and recommendations for daily, weekly, and seasonal programming concepts (e.g. parades, festivals, regular-occurring events, permitting events and other opportunities for utilization of the street space). • CONSULTANT will identify potential partner organizations for programming, operations, and stewardship.
Timing
• Q3 2024.
Deliverables
• Ongoing Operations & Stewardship recommendations integrated into Implementation Plan.
Task 5 – Environmental Clearance Review and Recommendations • CONSULTANT will review the final concept alternatives and implementation plan and develop an environmental clearance strategy and roadmap. The environmental clearance DocuSign Envelope ID: 354AE088-777C-406F-B1B7-543AF69111C5 Item 9
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strategy may include options to clear exempt portions of the project, adopt the conceptual plan at a program-level by tiering-off of existing environmental clearances, and next steps for project-level clearance.
• For project components expected to qualify for exemptions, the CONSULTANT will develop a Notice of Exemption under California Environmental Quality Act (CEQA) and file it on behalf of the City, following direction to do so from City staff.
Timing
• Q3 2024.
Deliverables
• Environmental Clearance Strategy document.
Task 6 – Project Management and Oversight
• At the outset of the project, such as at the kick-off meeting, the CONSULTANT will discuss and establish the final project schedule and rhythm for project updates and check- ins with City Staff.
• CONSULTANT will identify the primary point of contact from the consultant and from City Staff.
• CONSULTANT may use a variety of tools to track and communicate progress including the Community Engagement memo and a slide deck to share biweekly (every two weeks), project updates, as well as a project budget tracker, to ensure alignment on fee utilization.
Task 6.1 – Project Kick-off
• At project kick-off, City staff and the CONSULTANT will review and agree on the project scope, goals, and objective; the community engagement plan; project timeline, data needs; and team roles and responsibilities.
Timing
• Q4 2023.
Deliverables
• Final Scope document and workplan, meeting schedule with target audiences.
Task 6.2 – Biweekly Check-ins with City Staff
• CONSULTANT will meet with City staff every two weeks, as needed. These meetings may be virtual.
Timing
• Every two weeks as needed.
Deliverables
• Meeting agendas, updated project schedule, updated budget spreadsheet, and recorded meeting notes.
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EX
HIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
C
ONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1 A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 T OTAL TASK ORDER PRICE: $ __________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. AT TACHMENTS : A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the
work described in this Task Order.
AP
PROVED:
CITY OF PALO ALTO
B
Y:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
AP
PROVED:
COMPANY NAME: ______________________
B
Y:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the P roject Managers for CONSULTANT and CITY so long as all DocuSign Envelope ID: 354AE088-777C-406F-B1B7-543AF69111C5 Item 9
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work is completed within the term of the Agreement. CONSULTANT shall provi de a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones
Completion
Number of Weeks (as specified below)
from NTP
1. Public Outreach and Engagement 52 weeks
2. Research and Analysis 12 weeks
3. Urban Design Framework 36 weeks
4. Implementation Plan 4 weeks
5. Environmental Clearance 4 weeks
6. Project Management 52 weeks
7. 8.
9. 10.
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on- call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as E xhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services , any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this /these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO EXCEED AMOUNT
Task 1
(Public Outreach and Engagement Strategy)
$94,057
Task 2
(Research & Analysis)
$38,564
Task 3
Urban Design Framework
$128,304
Task 4
Implementation Plan
$40,832
Task 5
Environmental Clearance
$8,594
Task 6
(Project Management)
$39,640
Sub-total for Services $349,991
Reimbursable Expenses (if any) 0
Total for Services and Reimbursable Expenses $34,999
Additional Services (if any, per Section 4) $ 34,999
Maximum Total Compensation $384,990
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in -house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
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Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay A rea, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
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RATE SCHEDULE
(Rates effective through 12/31/2024)
Charges for Services:
Charges for basic and additional services shall be based on the following rates and are subject to revision annually:
Principal-In-Charge: $250.00 per hour
Consulting Principal: $205.00 per hour
Urban Designer: $185.00 per hour
Senior Designer: $150.00 per hour
Consultant’s Time: 1.15 times consultant’s charges
Automobile Travel: Prevailing IRS allowance
Reimbursable Expenses/
Reproduction Costs: 1.15 times charge
All other costs: Direct reimbursement
Reimbursable Expenses:
Reimbursable Expenses are in addition to the compensation for basic and additional services and include actual expenditures made by Urban Field Studio or its professional consultants in the interest of the Project for the expenses listed in the following subparagraphs:
1. Expense of transportation, including rental car insurance (loss damage waiver/ collision damage waiver and liability coverage), and living when traveling in connection with the Project; conference call services, and fees paid for securing approval of authorities having jurisdiction over the project.
2. Expense of reproductions including computer plotting, postage, overnight priority mail and handling of Drawings and Specifications.
3. If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and expense of renderings or models for the Owner's use.
URBAN FIELD STUDIO 415.350.8257
john@urbanfieldstudio.com
www.urbanfieldstudio.com
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EX
HIBIT D
INSURANCE REQUIREMENTS
C
ONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AW
ARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES GE NERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
P
ROPERTY DAMAGE
B
ODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$
1,000,000
$
1,000,000
$ 1,000,000
$
1,000,000
$
1,000,000
YES AUT OMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
P
ROPERTY DAMAGE
B
ODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$
1,000,000
$
1,000,000
$
1,000,000
$1,000,000
$1,000,000
$
1,000,000
$
1,000,000
YES P ROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY
CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. I
NSURANCE COVERAGE MUST INCLUDE:
A. A C
ONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. T
HE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: HTTP://WWW.OPENGOV.COM
III. E
NDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
W
ITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEF IT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
T
HE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAM ING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. I
F THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. I
F THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
I
V. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTP://WWW.OPENGOV.COM DocuSign Envelope ID: 354AE088-777C-406F-B1B7-543AF69111C5 Item 9
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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 COVID -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. In October and November 2022, the City Council adopted Ordinance 5572, which amended and restated Ordinance 5551 to extend its parklet provisions through June 30, 2023 and the remainder of its provisions through December 31, 2023.
F. In May 2023, the City Council adopted Ordinance 5584 to extend the parklet provisions of this ordinance until March 31, 2024. The remainder of the ordinance will sunset on December 31, 2023 as previously adopted.
G. The City Council now desires to amend and restate Ordinance 5584 to extend the on- street dining provisions of this ordinance until December 31, 2024. The remainder of the ordinance will sunset on the dates as previously adopted.
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.
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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 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 retail 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 temp orary 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;
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5. Other outdoor 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 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 planning entitlements or approvals for shopping centers or their tenant businesses, a shopping center with an eating /drinking establishment tena nt(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:
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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.
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 la bel 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 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 (includi ng 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, notwithstanding PAMC Section 18.42.090(c). Outdoor alcohol service shall be in full compliance with ABC regulations, as amended.
Item 9
Attachment B - Interim
Ordinance Temporarily
Continuing Expansion of
Outdoor Dining Retail and
Other Activities until
December 31 2024
Item 9: Staff Report
Pg.
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*NOT YET APPROVED*
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H. No Architectural Review . Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed outdoor eating areas or signage related to such areas during the effective period of this Ordinance.
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 required 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 Item 9
Attachment B - Interim
Ordinance Temporarily
Continuing Expansion of
Outdoor Dining Retail and
Other Activities until
December 31 2024
Item 9: Staff Report
Pg.
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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.
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 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.
Item 9
Attachment B - Interim
Ordinance Temporarily
Continuing Expansion of
Outdoor Dining Retail and
Other Activities until
December 31 2024
Item 9: Staff Report
Pg.
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*NOT YET APPROVED*
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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 Layout Review.
F. No Architectural Review . Notwiths tanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed 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 Item 9
Attachment B - Interim
Ordinance Temporarily
Continuing Expansion of
Outdoor Dining Retail and
Other Activities until
December 31 2024
Item 9: Staff Report
Pg.
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*NOT YET APPROVED*
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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.
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 Ordinance shall be effective 31 days after adoption. Subject to future Council action, the provisions of this ordinance allowing eating and drinking establishments , retail establishments, and other uses on temporarily closed streets in Sections 5, 6, and 11 of this Ordinance shall remain in effect until December 31, 2024. The remainder of th e provisions in sections 5, 6, 10, and 11, including those provisions allowing parklets, shall remain in effect until March 31, 2024.
SECTION 15. Uncodified
This Ordinance shall not be codified.
Item 9
Attachment B - Interim
Ordinance Temporarily
Continuing Expansion of
Outdoor Dining Retail and
Other Activities until
December 31 2024
Item 9: Staff Report
Pg.
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SECTION 16. Supercedes Ordinance 5584.
As of the effective date of this Ordinance, this Ordinance shall supercede Ordinance 5584, 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
Item 9
Attachment B - Interim
Ordinance Temporarily
Continuing Expansion of
Outdoor Dining Retail and
Other Activities until
December 31 2024
Item 9: Staff Report
Pg.
60 Packet Pg. 214 of 374
*NOT YET ADOPTED*
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Resolution No. _____
Resolution of the Council of the City of Palo Alto Extending the City Manager’s Authority to Temporary Close a Portion of California Avenue Pursuant to California Vehicle Code Section 21101 to Facilitate Outdoor Dining, Retail, and Other Uses
R E C I T A L S
A. On June 23, 2020, the Council adopted Resolution No. 9909 approving the temporary closure of portions of California Avenue , University Avenue and certain other Downtown streets through Labor Day 2020 to allow for outdoor dining and retail on those streets, consistent with the Santa Clara County Public Health Order in effect. The street closures were part of a Summer Streets Program initiated by the City to accommodate outdoor uses at a time when indoor dining remained prohibited in the County and the growing scientific evidence showed a lower risk of COVID-19 transmission outdoors compared to indoors. At that time, the City a nticipated that indoor dining would be allowed to resume in the County, as had been allowed in neighboring counties, and sought to address the immediate needs of the community including residents, workers and businesses that had been severely impacted by loss of business activity and revenue.
B. Through Resolution No. 9909 the Council also approved a temporary pilot parklet program to allow parklets to be installed in on -street parking spaces on an expedited and temporary basis to provide more space for outdoor dining.
C. On July 2, 2020, the County Public Health Officer issued a revised Shelter in Place Order, to become effective on July 13, 2020, that allowed certain additional activities to resume if specified strict across-the-board risk reduction measures were followed. The objective was to allow activities that were already allowed in surrounding jurisdictions, which had reopened more quickly than Santa Clara County, so long as the prescribed risk reduction measures were followed.
D. On July 7, 2020, the State approved Santa Clara County’s requested variance that allowed the revised Shelter in Place Order to go into effect on July 13, 2020.
E. However, with the number of COVID-19 cases dramatically increasing again in the State, on July 13, 2020, the Governor announced a sweeping roll back of the reopening that the State had allowed . The State mandated that all counties close certain indoor operations, including in-restaurant dining. For counties on the State’s monitoring list for 3 consecutive days (and thus placed on the State “watchlist”), the State required the closure of additional industries or activities unless they could be modified to operate outside or by pick-up; these included gyms and fitness centers, places of worship and cultural ceremonies, personal care services, hair salons and barbershops, and shopping malls.
Item 9
Attachment C - Resolution
Authorizing City Manager
to Temporarily Close a
Portion of California
Avenue Until December
31, 2024
Item 9: Staff Report
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F. Through the summer, the United States including “hot spots” like California continued to hit new highs in confirmed cases and deaths, as the loosening of shelter -in-place restrictions had precipitated a resurgence of the virus in many states, including California. As of July 27, 2020, the State was averaging nearly 10,000 new COVID-19 cases per day, and hospitals and their intensive care units were filling up. Thirty -seven counties representing 93% of the State’s population were on the State’s watchlist , and California had 460,550 conf irmed cases of COVID-19, resulting in 8,445 deaths.
G. On August 10, 2020, the Council adopted Resolution No. 9911, which amended Resolution 9909, to extend until December 31, 2020 the temporary closure of portions of California Avenue and University Avenu e and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.
Resolution No. 9911 also extended the temporary parklet program to September 7, 2021.
H. Since August 2020, the County Public Health Officer issued a Risk Reduction Order on October 5, 2020, which coincided with the County moving into the orange tier under the State’s “Blueprint for a Safer Economy” tiered restriction system.
I. However, on November 16, 2020, the State moved Santa Clara County two steps from the orange/moderate tier to the purple/widespread tier (the highest risk tier) due to a sharp increase in COVID-19 cases statewide. On that date, the County reported 388 new cases of COVID-19, bringing the cumulative total to 28,686. As of November 17, 2020, California reported 1,029,235 confirmed cases of COVID -19, resulting in 18,263 deaths , and 94.1% of the State’s population was now in the purple tier (according to the Governor’s Office). The State’s rules for the purple/widespread tier mandate that restaurants and gyms cannot have indoor service and retail stores may only have 25% capacity indoors.
J. On December 14, 2020, the Council adopted Resolution 9933, which amended Resolution 9099, to extend until May 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.
K. On March 3, 2021, the State moved Santa Clara County one step down from the purple/widespread tier to the red/substantial tier. As of March 16, 2021, the County reported a cumulative total of 112,909 COVID cases and 1,867 deaths.
L. On May 10, 2021, the Council adopted Resolution 9954, which further amended Resolution 9099 to extend until October 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.
Item 9
Attachment C - Resolution
Authorizing City Manager
to Temporarily Close a
Portion of California
Avenue Until December
31, 2024
Item 9: Staff Report
Pg.
62 Packet Pg. 216 of 374
*NOT YET ADOPTED*
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M. On June 7, 2021, the Council adopted Resolution 9962. Resolution 9962 amended and restated Section 4 of Resolution 9909 regarding the pilot parklet program on a non - emergency basis.
N. On June 15, 2021, the State of California eliminated the Blueprint for a Safer Economy system of COVID -related rules and restrictions ( also known as the color -tier system) amidst improvements in public health data and increasing availability of the COVID vaccine. The City of Palo Alto rescinded its declaration of local emergency on July 1, 2021.
O. On September 13, 2021 the Council voted to extend the street closures of portions of California Avenue and Ramona Street through June 30, 2022 to allow for the continued use of these streets for outdoor dining and other activities as may be allowed . The Council voted on each street separately and Resolution 9987 extended the closure of California Avenue only; a separate resolution (no. 9988) extended the closure of Ramona Street. At the same meeting, the Council directed the City Manager to open the portion of University Avenue which was closed by Resolution 9909 and its successors on October 15, 2021.
P. On May 16, 2022, the City Council adopted Resolution 10040, which amended and restated Resolution 9987 to continue its provisions until December 31, 2023.
Q. The City Council now desires to continue the provisions of Resolution 10040 until December 31, 2024.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:
SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals as findings of the Council.
SECTION 2. Supersedes Resolution 10040. This Resolution shall supersede Resolution 10040, which is rescinded as of the effective date of this Resolution.
SECTION 3. Extension of Temporary Street Closure
A. The following street is hereby closed to any and all vehicular traffic through December 31, 2023 , in accordance with California Vehicle Code Section 21101(e), to facilitate the temporary uses of outdoor dining , retail, and other permitted uses:
1. California Avenue from Birch Street to El Camino Real.
B. The City Manager is authorized to determine the days, hours and duration of the temporary street closure(s) within the period specified in Section A, with reasonable notice provided, and whether exceptions to the closure Item 9
Attachment C - Resolution
Authorizing City Manager
to Temporarily Close a
Portion of California
Avenue Until December
31, 2024
Item 9: Staff Report
Pg.
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shall be made for municipal purposes. The City Manager is also authorized to close only part of the street authorized for closure in Section A.
SECTION 4. The Council finds that this Resolution is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment).
SECTION 5. This Resolution shall become effective immediately upon adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Chief Transportation Official
_____________________________
Director of Planning and Development
Services
Item 9
Attachment C - Resolution
Authorizing City Manager
to Temporarily Close a
Portion of California
Avenue Until December
31, 2024
Item 9: Staff Report
Pg.
64 Packet Pg. 218 of 374
*NOT YET ADOPTED*
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Resolution No. ___
Resolution of the Council of the City of Palo Alto Extending the City Manager’s Authority to Temporary Close a Portion of Ramona Street Pursuant to California Vehicle Code Section 21101 to Facilitate Outdoor Dining, Retail, and Other Uses
R E C I T A L S
A. On June 23, 2020, the Council adopted Resolution No. 9909 approving the temporary closure of portions of California Avenue , University Avenue and certain other Downtown streets through Labor Day 2020 to allow for outdoor dining and retail on those streets, consistent with the Santa Clara County Public Health Order in effect. The street closures were part of a Summer Streets Program initiated by the City to accommodate outdoor uses at a time when indoor dining remained prohibited in the County and the growing scientific evidence showed a lower risk of COVID-19 transmission outdoors compared to indoors. At that time, the City a nticipated that indoor dining would be allowed to resume in the County, as had been allowed in neighboring counties, and sought to address the immediate needs of the community including residents, workers and businesses that had been severely impacted by loss of business activity and revenue.
B. Through Resolution No. 9909 the Council also approved a temporary pilot parklet program to allow parklets to be installed in on -street parking spaces on an expedited and temporary basis to provide more space for outdoor dining.
C. On July 2, 2020, the County Public Health Officer issued a revised Shelter in Place Order, to become effective on July 13, 2020, that allowed certain additional activities to resume if specified strict across-the-board risk reduction measures were followed. The objective was to allow activities that were already allowed in surrounding jurisdictions, which had reopened more quickly than Santa Clara County, so long as the prescribed risk reduction measures were followed.
D. On July 7, 2020, the State approved Santa Clara County’s requested variance that allowed the revised Shelter in Place Order to go into effect on July 13, 2020.
E. However, with the number of COVID-19 cases dramatically increasing again in the State, on July 13, 2020, the Governor announced a sweeping roll back of the reopening that the State had allowed . The State mandated that all counties close certain indoor operations, including in-restaurant dining. For counties on the State’s monitoring list for 3 consecutive days (and thus placed on the State “watchlist”), the State required the closure of additional industries or activities unless they could be modified to operate outside or by pick-up; these included gyms and fitness centers, places of worship and cultural ceremonies, personal care services, hair salons and barbershops, and shopping malls.
Item 9
Attachment D -
Resolution Authorizing
City Manager to
Temporarily Close a
Portion of Ramona Street
Until December 31, 2024
Item 9: Staff Report
Pg.
65 Packet Pg. 219 of 374
*NOT YET ADOPTED*
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F. Through the summer, the United States including “hot spots” like California continued to hit new highs in confirmed cases and deaths, as the loosening of shelter -in-place restrictions had precipitated a resurgence of the virus in many states, including California. As of July 27, 2020, the State was averaging nearly 10,000 new COVID-19 cases per day, and hospitals and their intensive care units were filling up. Thirty -seven counties representing 93% of the State’s population were on the State’s watchlist , and California had 460,550 confirmed cases of COVID-19, resulting in 8,445 deaths.
G. On August 10, 2020, the Council adopted Resolution No. 9911, which amended Resolution 9909, to extend until December 31, 2020 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County P ublic Health Orders.
Resolution No. 9911 also extended the temporary parklet program to September 7, 2021.
H. Since August 2020, the County Public Health Officer issued a Risk Reduction Order on October 5, 2020, which coincided with the County moving into the orange tier under the State’s “Blueprint for a Safer Economy” tiered restriction system.
I. However, on November 16, 2020, the State moved Santa Clara County two steps from the orange/moderate tier to the purple/widespread tier (the highest risk tier) due to a sharp increase in COVID-19 cases statewide. On that date, the County reported 388 new cases of COVID-19, bringing the cumulative total to 28,686. As of November 17, 2020, California reported 1,029,235 confirmed cases of COVID -19, resulting in 1 8,263 deaths , and 94.1% of the State’s population was now in the purple tier (according to the Governor’s Office). The State’s rules for the purple/widespread tier mandate that restaurants and gyms cannot have indoor service and retail stores may only have 25% capacity indoors.
J. On December 14, 2020, the Council adopted Resolution 9933, which amended Resolution 9099, to extend until May 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dinin g and potentially other activities as may be allowed by State and County Public Health Orders.
K. On March 3, 2021, the State moved Santa Clara County one step down from the purple/widespread tier to the red/substantial tier. As of March 16, 2021, the County reported a cumulative total of 112,909 COVID cases and 1,867 deaths.
L. On May 10, 2021, the Council adopted Resolution 9954, which further amended Resolution 9099 to extend until October 31, 2021 the temporary closure of portions of California Avenue and University Avenue and certain intersecting streets to allow for continued use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially other activities as may be allowed by State and County Public Health Orders.
Item 9
Attachment D -
Resolution Authorizing
City Manager to
Temporarily Close a
Portion of Ramona Street
Until December 31, 2024
Item 9: Staff Report
Pg.
66 Packet Pg. 220 of 374
*NOT YET ADOPTED*
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M. On June 7, 2021, the Council adopted Resolution 9962. Resolution 9962 amended and restated Section 4 of Resolution 9909 regarding the pilot parklet program on a non - emergency basis.
N. On June 15, 2021, the State of California eliminated the Blueprint for a Safer Economy system of COVID -related rules and restrictions ( also known as the color -tier system) amidst improvements in public health data and increasing availability of the COVID vaccine. The City of Palo Alto rescinded its declaration of local emergency on July 1, 2021.
O. On September 13, 2021 the Council voted to extend the street closures of portions of California Avenue and Ramona Street through June 30, 2022 to allow for the continued use of these streets for outdoor dining and other activities as may be allowed . The Council voted on each street separately and Resolution 9988 extended the closure of Ramona Street only; a separate resolution (no. 9987) extended the closure of California Avenue. At the same meeting, the Council directed the City Manager to open the portion of University Avenue which was closed by Resolution 9909 and its successors on October 15, 2021.
P. On May 16, 2022, the City Council adopted Resolution 10039, which amended and restated Resolution 9988 to continue its provisions until December 31, 2023.
Q. The City Council now desires to continue the provisions of Resolution 10039 until December 31, 2024.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:
SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals as findings of the Council.
SECTION 2. Supersedes Resolution 10039. This Resolution shall supersede Resolution 10039, which is rescinded as of the effective date of this Resolution.
SECTION 3. Extension of Temporary Street Closure
A. The following street is hereby closed to any and all vehicular traffic through December 31, 202 4, in accordance with California Vehicle Code Section 21101(e), to facilitate the temporary uses of outdoor dining , retail, and other permitted uses:
1. Ramona Street from University Avenue to Hamilton Avenue.
B. The City Manager is authorized to determine the days, hours and duration of the temporary street closure(s) within the period specified in Section A, with reasonable notice provided, and whether exceptions to the closure Item 9
Attachment D -
Resolution Authorizing
City Manager to
Temporarily Close a
Portion of Ramona Street
Until December 31, 2024
Item 9: Staff Report
Pg.
67 Packet Pg. 221 of 374
*NOT YET ADOPTED*
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shall be made for municipal purposes. The City Manager is also authorized to close only part of the street authorized for closure in Section A.
SECTION 4. The Council finds that this Resolution is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment).
SECTION 5. This Resolution shall become effective immediately upon adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Chief Transportation Official
_____________________________
Director of Planning and Development
Services
Item 9
Attachment D -
Resolution Authorizing
City Manager to
Temporarily Close a
Portion of Ramona Street
Until December 31, 2024
Item 9: Staff Report
Pg.
68 Packet Pg. 222 of 374
Fall 2022-Spring 2023
Community & Stakeholder
Engagement Report
Car-free Streets: California Avenue & Ramona Street
Fukuji Architecture and Planning
Fehr & Peers
May 2023
Prepared for: City of Palo Alto, California
Item 9
Attachment E -
Community and
Stakeholder Engagement
Report from Bruce Fukuji
Item 9: Staff Report
Pg.
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TABLE OF CONTENTS
ASSIGNMENT................................................................................................................................... 3 UPLIFT LOCAL CAR-FREE STREETS INITIATIVE ........................................................................................................................ 3 COMMUNITY ENGAGEMENT .......................................................................................................... 4 OBJECTIVES ................................................................................................................................................................... 4 STAKEHOLDERS AND OUTREACH METHODS.......................................................................................................................... 4 ENGAGEMENT PROCESS ................................................................................................................................................... 5 CONTEXT SETTING........................................................................................................................... 6 IMPACT OF THE PANDEMIC ON CITIES ................................................................................................................................. 6 LESSONS LEARNED FROM PEDESTRIAN MALLS ...................................................................................................................... 8 REVITALIZING MAIN STREET .............................................................................................................................................. 9 INTERIM STREET TRANSFORMATIONS ................................................................................................................................ 10 STREET CHARACTER & VITALITY.................................................................................................... 11 CALIFORNIA AVENUE ..................................................................................................................................................... 11 RAMONA STREET .......................................................................................................................................................... 13 STAKEHOLDER PERSPECTIVES ....................................................................................................... 14 LOCAL BUSINESS AND PROPERTY OWNERS ......................................................................................................................... 14 COMMUNITY MEMBERS................................................................................................................................................. 17 CONSENSUS BUILDING .................................................................................................................. 19 CALIFORNIA AVENUE ..................................................................................................................................................... 19 RAMONA STREET .......................................................................................................................................................... 20 MOVING FORWARD ...................................................................................................................... 21 DEMONSTRATION PROJECTS ........................................................................................................................................... 21 UPCOMING STUDY ........................................................................................................................................................ 21 STRATEGIES FOR SUCCESS ............................................................................................................................................... 23
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Car-free Streets – Fall 2022 - Spring 2023 Community & Stakeholder Engagement Report 3 of 24 “Even 10 years ago, reclaiming streets from cars to create space for people to walk and to bike was considered a radical - almost revolutionary - act. Today, people-focused streets are a proven global best practice and the first-line response for transportation and transit agencies during COVID-19 crisis, from Berlin to Brussels.”
Jannette Sadik-Kahn
Chair of the National Association of City Transportation Officials
ASSIGNMENT
UPLIFT LOCAL CAR-FREE STREETS INITIATIVE
The City Council authorized Car-free Streets early in the COVID -19 pandemic as an economic recovery effort and to provide community members with outdoor spaces to gather socially distant . The Uplift Local Car-free Streets: Cal ifornia Avenue and Ramona St reet initiative i s a Council -supported effort enabling outdoor dining, retail, and personal services in business districts such as California Avenue and the downtown core. In May 2022, the City Council extended the program through the end of 2023 and directed staff to issu e a Request for Proposals (RFP) to study various alternatives and impacts of different street configurations.
From October 2022 to April 2023, City staff, Bruce Fukuji, the City’s urban design consultant and Fehr & Peers, the City’s on -call transportation consultants engaged key stakeholders and the community through meetings, interviews, focus groups, a community workshop and an online survey to better understand priorities for California Avenue and Ramona Street, and to determine the topics and themes to study and include as part of the RFP.
This report summarizes the research questions, data collection and analysis, business and community perspectives and demonstration projects to invest in the transformation of California Avenue and Ramona Street to be vibrant, attractive destinations.
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COMMUNITY ENGAGEMENT
OBJECTIVES
The objectives of the community engagement process are to:
• Solicit local stakeholder and community perspectives regarding current issues, opportunities for change and potential near-term projects to advance the Car-free street initiative.
• Receive feedback on a potential scope of work for an RFI (Request for Information) or RFP (Request for Proposals) to design and implement priority projects and study different potential street configurations.
STAKEHOLDER S AND OUTREACH METHODS
To gain an in -depth understanding of key stakeholders’ perspectives with long - term interests in the California Avenue and Ramona Street, City staff and consultants undertook the following outreach:
• Nearly a dozen structured interviews with business and property owners, non-profit and for-profit developers, Chamber of Commerce leadership, local architects, property managers , the Palo Alto Art Center Director, and Councilmember Pat Burt.
• Two rounds of focus group meetings with:
o Local business owners on California Avenue,
o Local business owners on Ramona Street, and
o City Commission Chairpersons
• Two community meetings: an in-person Community Workshop on California Avenue, attended by over 60 people , with facilitated small group engagement followed by informal discussion w ith elected officials, local business owners and community members , and a subsequent online community meeting, att ended by 30 people with facilitated individual feedback.
• Online survey on the City’s website, viewed by 617 people with 356 responses, predominantly Palo Alto residents, with only 1 percent Palo Alto business owners, and 15 percent of respondents living outside of Palo Alto.
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ENGAGEMENT PROCESS
The outreach process was organized into two phases:
• Assessment – comprised of background research, context mapping, framing key questions for stakeholders and community members; conducting initial outreach; collecting data and conducting analysis; and formulating preliminary findings (Fall 2022 through Winter 2023).
• Validation – comprised of conducting a second round of outreach for stakeholders and community members to validate what was learned by City staff and consultants from initial outreach, and solicit feedback on demonstration projects and upcoming Alternatives study (Winter 2023 through Spring 2023).
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CONTEXT SETTING
To frame the community inquiry process for the potential future of Cal ifornia Avenue and Ramona Street as post-pandemic, people-first streets, the following background context was shared with st akeholders as to the potential long -term implications of the COVID-19 pandemic, lessons learned from the U.S. experience of converting main streets to pedestrian malls, and current best practice on the transformation of street travel ways to multi-modal and public use.
IMPACT OF THE PANDEMIC ON CITIES
U NP RE CEDE N TED FO RC ES C HANG I NG MA I N ST REET The COVID-19 pandemic has radically altered how most people go about their daily lives with huge shifts to how we move in the world, how we get groceries and food, whether we go outside, where we go, who we see, and what we do.1 2020 ushered in the trauma of COVID -19, with the world shutting down with shelter-in-place orders resulting in one half of the world’s population asked to stay home and avoid public p laces. 2 Never had the world seen such striking images of ghostly empty city streets, parks, and cities. Five main forces are leading to long lasting transformations of cities 3 that bear on how to reconfigure California Avenue and Ramona Street:
1. Fear and avoidance of crowded public places
2. Technological transition to remote work, school and online shopping which has drastically reduced office occupancies and commuting, expanded home delivery and integrated digital life deeply into society, including over-exposure of youth to social media
3. Need adequate hygiene standards and rapid adaptability of publicly facing businesses, gathering places and infrastructure to secure the urban environment from future public health crisis’s
1 Janette Sadik-Kahn, “Streets for Pandemic Response and Recovery.” National Association of City Transportation Officials, Global Designing Cities Initiative, 6/25/2020.
2 Jordi Honey-Rosse, “The Impact of COVID-19 on Public Space: an Early Review of the Emerging Questions – Design, Perceptions and Inequities,” Cities, Health and COVID- 19: Initial Reflections and Future Challenges, 21 April 2021 https://doi.org/10.1080/23748834.2020.1780074
3 Richard Florida, “Cities in a Post-COVID World,” Urban Studies, June 27, 2021, https://journals.sagepub.com/doi/full/10.1177/00420980211018072 Item 9
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4. Economic and public health inequities to frontline workers
5. Reconfiguring indoor and outdoor spatial use for social distancing
NEW PR IO RI T IES FO R MAI N ST REET
As the unp aralleled disruption of daily life extended for over a year, people struggled with mental health issues with continued unemployment and working from home without childcare or school for children and teens. Public life came to a halt with State and County public health mandates. Streets became a first line of defense:
The requirement of “social or physical distancing”—maintaining at least 6’ (2 m) distance between people, with significant reductions or bans on group gatherings and crowds—combined with what we know today about the transmission of this coronavirus and its increased communicability in indoor settings, requires that we reallocate our streets and sidewalks for public use during this crisis and for the future.4
With the rollout of vaccines, and a fall is cases and deaths, public health officials progressively reopened public settings for in -person use. As pandemic restrictions were slowly lifted, streets provided room for restaurants, vendors, schools, and daycare to expand outdoors, allowing businesses to re -open and people to return to the office. Public health requirements for social distancing lead to a global epiphany that cities need to completely rethink the allocation of street space for public use and economic recovery:
“As we think about ways to reopen during this pandemic, its’ staring us in the face: sidewalks and street spaces are right there outside every business, restaurant, hairdresser…. particularly in the developed world, these spaces have long been underutilized, and are far more equitable distributed across cities…we can create more space for those businesses to start to move outside. 5” Collectively, we experienced an immense sense of hope and relief with the return of the social life of public places, of reconnecting to friends and loved ones in person, and the affirmation of our common humanity through the daily interactions of urban life. Unfortunately, remote work and online shopping drained the life out of downtowns. The daily concentration of downtown workers evaporated, and online shopping looted the viability of small independent businesses. With communities now coming to terms with the “new normal” of
4 Ibid.
5 Carey L. Biron, “Public Space a Lifeline for Post-Lockdown Cities,” Reuters. June 15, 2020, https://news.trust.org/item/20200615091609-7dluu/ Item 9
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Car-free Streets – Fall 2022 - Spring 2023 Community & Stakeholder Engagement Report 8 of 24 post-pandemic economic and social life, the permanent closure of main street to vehicle traffic needs to consider the emerging needs for economic recovery and desires for social life.
“The feeling of city life – people were hungry for this…as businesses expanded into the city’s closed streets…there was unimaginable enthusiasm on the first day…as competition arose [for outdoor dining space], the City had to come up with metrics for deciding which establishment would have access to which piece of public space, and this became part of a broader strategy aimed to draw in young families and new talent. This is an important factor of economic recovery, but we were thinking even more about the spirit of the City. 6” Regmigijus Simasius, Mayor of Vilnius, the capital of Lithuania
LESSONS LEARNED FROM PEDESTRIAN MALLS
Michael Berne, in American Downtown Revitalization Review , argues that pedestrian malls were a “good concept at the wrong time” and that [pre - pandemic], with the growing appreciation for the benefits and attraction of dense urban living, and the emergence of Business Improvement Districts, the closing a main street to vehicle traffic pedestrian mall maybe less of a “gamble” with the right fundamentals, nuanced attention and a good exit strategy.7 Research overwhelmingly indicates that closing Main Street to vehicle traffic has been an economic failure in the United States with 89 percent of “pedestrian malls” re -opening to vehicle access after experiencing incr eased vacancies, deteriorating retail mix, and changing retail focus from comparison/destination goods/services to convenience stores . In cities where few people lived downtown, pedestrian malls turned lifeless after work, becoming uncomfortable, threatening environments. Only 11 percent continue as pedestrian malls today 8 and this is primarily due to community organizing and implementing a successful main street management program. This has resulted in low vacancy rates, higher pedestrian traffic levels and greater mix of businesses and uses for these closed streets.
Civic leaders and City Planners believed main street conversions to pedestrian malls were the answer to suburbanization and the decline of downtowns because of post-World War II population investing in the American dream of single-family home ownership and relocating from the urban core to the periphery of regions.
6 Ibid.
7 Michael Berne, “Pedestrian Malls: The Newest Fad?” The American Downtown Revitalization Review, Volume 2, 2021.
8 Cole E. Judge, “The Experient of American Pedestrian Malls: Trends Analysis, Necessary Indicators for Success and Recommendations for Fresno’s Fulton Mall” Downtown Fresno Partnership, October 2013.
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Car-free Streets – Fall 2022 - Spring 2023 Community & Stakeholder Engagement Report 9 of 24 The Interstate Highway Act of 1956 exacerbated this trend by shifting investment from central business districts to the highways with convenient auto exits to shopping malls with free parking. Planners in the 1960’s installed over 200 pedestrian malls as an effort to lure shoppers back to downtown and bring economic development back to the core of cities.9 Pedestrian malls failed in part because these downtown locations were not able to compete with destination shopping and large chain stores at newer suburban locations, as they continued to lose tenants and offer comparatively less retail selection.
Research from the Downt own Fresno Partnership on trends of American pedestrian malls found the key findings for success:
• Need to be near or attached to a major anchor such as a university, or in close proximity to a beach
• Designed to be short in length in terms of city blocks • Located in a city with population under 100,000 and/or a city with a major tourist location
• Cities that embrace the Main Street model have experienced turnarounds in their downtowns with more investment, higher occupancy rates and more pedestrian traffic
REVITALIZING MAIN STREET
The Main Street America is a program of the National Main Street Center, established by the National Trust for Historic Preservation. The purpose of the program is to revitalize older and historic commercial districts and build vibrant neighborhoods and thriving economies. 10 The Main Street approach offers community-based retailization strategies to transform a local economy and enhance quality of life. Foundational to this approach is the creation of a local organization to promote a nd manage the placemaking and economic development of the area.
Expanded outdoor dining has the potential to revitalize California Avenue, create an anchor destination to attract people locally and regionally and counter the technological trends of remote life on retail use. Across the United States, communities are finding, in the aftermath of street closures and the lifting of emergency shelter -in-place orders, outdoor dining has not only allowed restaurants, cafes, and bars to stay open and survive the pandemic, it is wildly popular, giving cities a more European street life feel. This approach has
10 https://www.mainstreet.org/aboutus
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Car-free Streets – Fall 2022 - Spring 2023 Community & Stakeholder Engagement Report 10 of 24 statewide political support, as shown by the unanimous bipartisan California State Senate vote to approve on Senate Bill 314 the Bar and Restaurant Recovery Act.11
INTERIM STREET TRANSFORMATIONS
In response to citizen frustration with the conventional project development process that takes several years to plan, design, environmentally analyze, bid, award, and finally construct a capital improvement , several ci ties are implementing short term improvements strategies, such as San Francisco’s “Quick-Build”12 projects and NACTO’s “Interim Design Strategies.”13 These efforts are identifying tools and tactics to enable cities to rapidly deliver low -cost community projects.
The informal street environment of California Avenue and Ramona Street, with temporary outdoor dining, and ample travel way space, is an ideal candidate to apply this approach. Key benefits are:
• Repurpose existing street infrastructure
• Demonstrate new ideas
• Engage and empower stakeholders
• Implement change quickly
• Explore and refine designs
• Inspire new policies and practices
The interim street transformation process relies on the City capacity to deliver improvements and creative local partnerships to take ownership to activate, program and maintain the space.
11 https://sd11.senate.ca.gov/news/20210602-senator-wiener’s-legislation-allowing- outdoor-dining-alcohol-post-pandemic-passes
12 https://www.sfmta.com/vision-zero-quick-build-projects 13 https://nacto.org/publication/urban-street-design-guide/interim-design-strategies/ Item 9
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STREET CHARACTER & VITALITY
CALIFORNIA AVENUE
H IS TO RY
In its heyday , California Avenue was a bustling M ain Street with a theater, bookstores, camera shops, magazine shop, pharmacy, clothing, shoes, candy, ice cream, cafés, and restaurants. California Avenue is considered by residents as Palo Alto’s second “main street .” It is located within the oldest part of the city, with origins dating back to the 1850s when it was the main commercial street for the town of Mayfield, which was incorporated into Palo Alto in 1925.
The closure of California Avenue across the Caltrain corridor to Alma Street with the building of the Oregon Expressway in the 1960’s reduced the accessibility and vitality of the street. The growth of Stanford Research Park, with more than 150 companies, many industry leaders in technology, brought 23,000 workers near California Avenue, providing a daytime population to support the retail and restaurant uses.
ASSE TS
The California Avenue District has the structure of a sustainable neighborhood per LEED Neighborhood Design criteria, with its walkable street and block pattern, mixed-use, access to regional transit and proximity to a regional employment center , Stanford Research Park . California Avenue is served by a multi-modal, regional rail Caltrain station. It is locally and regionally planned as a transit-oriented neighborhood. With predominantly one and two-story buildings, California Avenue is a lower-density commercial environment with air space for multi-story mixed-use development. The California Avenue right-of-way is 90 feet wide, which is similar width to two successful pedestrian streets, Pearl Street in Boulder, Colorado, and the 3rd Street Promenade in Santa Monica, California.
California Avenue has become a lunch and evening destination for outdoor dining offering over 2 0 restaurants, and the Sunday Farmer’s Market is vibrant with pedestrian activity with 70 vendors. The close knit, local business community has a long standing, multi-generational presence on California Avenue. Live music is adding life to the street, with public art recalling the history of the area. Residents find California Avenue more local serving that University Avenue downtown.
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C UR RE NT E NV IRO NM EN T
Today, California Avenue is open to pedestrians and closed to through vehicle traffic from El Camino Real to Birch Street. California Avenue is more local serving than the University Avenue/Downtown, and it is the closest business district to employees and visitors to Stanford Research Park and portions of Stanford University. Electrification of Caltrain by 2024 can inc rease service and improve travel times for riders at California Avenue Caltrain Station, further improving regional transportation access.
67 percent of survey respondents visit California Avenue at least once a week, and 1/3 visit several times a week. 90 percent visit for outdoor dining, and 2/3 attend the farmer’s market. Half of visitors go to grocery shopping or to a café, 40 percent to retail shops, and 25 percent use professional services.
Key concerns for California Avenue:
• Undifferentiated space with travel way markings
• Too many vacancies
• Loss retail shops
• Does not feel like a care-free community space
• Tents ugly, no aesthetic unity
• No people gathering places
• Underutilized street space
• No appealing storefronts or buildings
• Landscaping blocks views to storefronts
• Conflicts between pedestrians & bicyclists
• Barriers are not inviting
• Emergency lane divides street, limits creating public space • Pedestrian connections from parking have no signage, just blank walls
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RAMONA STREET
H IS TO RI C ASSE TS
Ramona Street is recognized as a Historic District in the National Registered Historic Places. The cohesive character of the architecture is in Monterey and Spanish Colonial styles with archways, balconies, wrought iron work, tile roofs of varying heights, and courtyards.
C UR RE NT E NV IRO NM EN T
Ramona Street is open to pedestrians and closed to vehicle traffic for a half block in between Hamilton Avenue and University Avenue in downtown Palo Alto. This portion of Ramona Street has become an outdoor dining destination downtown.
Visitors enjoy the safety and community feeling of the street closure. An emergency access lane divides the street with parklets and outdoor dining lining replacing on-street parking, extending from the sidewalk into the street on both sides.
30 percent of survey respondents visit Ramona Street at least once a month, with 1/4 visiting at least once every six months. 26 percent of respondents are regular visitors at least once a week. The predominant reason to visit Ramona Street is dining for 81 percent of respondents, and over half visit a cafe. 1/3 of respondents visit for retail shopping.
Challenges to be addressed to advance City Council objectives to enhance community experience and economic vibrancy of Ramona Street are:
• Temporary situation is not visually attractive
• Emergency lane divides street, limits creating public space • Need aesthetic standards for improvements
• No gathering places
• Too many vacancies
• Loss of retail shops
• Not enough parking
• Road closure barriers not welcoming
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STAKEHOLDER PERS PECTIVES
LOCAL BUSINESS AND PROPERTY OWNERS
CAL I FO R NIA AV EN UE
Initial o utreach to local business and property owners confirmed that, in consideration of the continued closure California Avenue to vehicle traffic, these stakeholders have the “most at stake.” Some California Avenue retailers feel they are at high risk of furthe r economic impact with the permanent closure of the street. In the absence of compelling data otherwise, these retail business owners want to keep street open to at least a single lane of vehicle movement.
Restauranteurs are the economic beneficiaries of t he street closures, and want outdoor dining extended indefinitely. Several restauranteurs are appreciative of the closure of the street and the opening of outdoor dining. This has saved their businesses. Nevertheless, if outdoor dining can continue, they a re indifferent if the street is re-opened to vehicles.
Local business owners have several concerns regarding the future economic health of the California Avenue, citing the loss the daytime population of Stanford Research Park workers to remote work and the evaporation of destination retail due to online shopping. Retail rents are down, and vacancies reported as high as 25 percent including “shadow” vacancies, which are storefronts where lease payments are made but there are no tenants occupying the space. Restaurants are benefiting from the use of the street f or outdoor dining; however, they are challenged with finding workers and the increasing costs to stay in business.
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Car-free Streets – Fall 2022 - Spring 2023 Community & Stakeholder Engagement Report 15 of 24 cash flows and required revenue margins.14 Several interviewees felt that today’s California Avenue:
• Has no destination stores, and therefore there is no reason to go there other than for outdoor dining, groceries or to take Caltrain. For example, the now closed Keeble & Shuchat Photography store was a destination store for camera shopping, a regional attraction now lost.
• Is at risk of “out –of-sight, out-of-mind,” where the closure of the street to vehicle traffic eliminating drive -by awareness of retail shops and creating a circuitous driving route to find a shop from the rear alleys and parking. The belief is that this limits attracting new retail tenants, and overtime erodes the shopper base as people forget what is there and never return. • While people like outdoor dining, there are no free places to sit or work. • Is a dirty, empty space with nothing charming to draw you to it, with no building height, or buildings worth saving.
• Doesn’t have the density of housing (employment or tourism) of a major metropolitan city; unrealistic to imagine California Avenue becoming State Street in Santa Barbara.
At the second California Avenue Business Owners focus group it wa s clear that, to attain the support of those who provided their input, to achieve the City Council’s objectives the following issues would need to be addressed:
• Their need to be a high priority voice in decisions on future of street • Their interests are respected and represented, as shown by senior staff and City Council level engagement
• There is an alternative that has at least a single vehicle lane that provides customers store front access, which includes exploration of parklets. • There is not a “Car -free” bias in the selection, analysis , and evaluation of alternatives
• There needs to be more demonstrated progress since City Council action in February 2021
• Zoning regulations need to eliminate barriers to opening new businesses, including conditional use permits, restrictions to convert ground floor space to non-retail uses, and parking.
14 Streetsense, “Comprehensive Economic Development Strategy Update,” City Council Study Session Item #2 11/7/2022
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RAMO NA ST REE T
Local business owners on Ramona Street want to see it permanently closed to vehicular traffic. Main perspectives are:
• The impact the emergency access lane , which divides the street along its length in half and displaces a third of the street, significantly limits creating a destination public space.
• The desire for high quality design and uniform standards for parklets, outdoor dining and street i mprovements that complement the historic character of the street ; business and property owner willingness to invest with clear guidance and City commitment to create a high-quality environment. • A n eed for wayfinding and signage to direct visitors to dining on Ramona Street from University Avenue and Hamilton Avenue.
• Reallocating curbside loading space along the west side of Ramona Street between University Avenue and the alley to accommodate door -to-door deliveries, passenger pick-up and drop-off and loading. • High demand for and lack of availability of bike racks. • Cars turning around in front of the Wine Room, creates confusion and vehicle congestion.
At the second focus group, l ocal business owners wanted to see Ramona Street space allocated to community use, including how to repave the street to reflect the historic architectural character of the area. They expressed concerns about street drainage, and how to provide alternatives to an emergency access lane extending the entire length of the street.
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COMMUNITY MEMBERS
CAL I FO R NIA AV EN UE
The December 2022 C ommunity Workshop, plus the online community survey show a predominant preference to continue closure of both California Avenue (79 percent in favor) to car traffic except emergency vehicles. Additional feedback received on California Avenue includes:
• Extend street closure permanently, continue outdoor dining • Reduce vacancies and loss of retail, increase diversity of retail shopping • Ensure pedestrian and bike safety, avoid conflicts, consider bike lanes • Design street to attract people to linger and shop at a vibrant pedestrian promenade, add community gathering places with street furniture and lighting and explore introducing nature areas and more trees • Need wayfinding and signage to attract attention and guide visitors to arrive and shop
• Expand use of public art
• Need variety of events – music, theater , and community services to both attract and serve the residents and regional visitors
• Need district economic development, sma ll business support , and anchor destination uses to ensure long-term viability
• Need equity with use of public space for private economic benefit • Area underutilized, no appealing storefronts or buildings • Need aesthetic unity, consistency and beauty, street is empty without cars, but it does not feel like a car-free community place
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Car-free Streets – Fall 2022 - Spring 2023 Community & Stakeholder Engagement Report 18 of 24 At the April 2023 Community Meeting, comprised primarily of long-term residents who frequently visit California Avenue, the main points were:
• General support for closure
• Enjoyment of outdoor dining
• Support for retail businesses, with a recognition of the impact of online shopping and the pandemic, and a need for the City to lift zoning restrictions for retail, and support economic development partnership for retail to be successful
• Concerns on pedestrian/bike conflicts recognizing the important role of California Avenue in the city’s bicycle network
• Want to see a range of alternatives: street closed to vehicles, open to vehicles with at least one-lane, with district wide traffic, and parking analysis
• Broad support for demonstration projects and upcoming Alternatives study
RAMO NA ST REE T
Similarly, at the December 2022 Community Workshop and results from online the community survey show a predominant preference to continue closure of and Ramona Street (70 percent in favor) to car traffic. Additional feedback received on Ramona Street includes:
• Create an outdoor dining destination (70 percent survey respondents) • New planting and streets trees that complement the historic buildings (61 percent of survey respondents)
• Over half want to maintain the historic character and scale of the street , small-scale public spaces with seating and high-quality design • There is a lack of people gathering places and the loss of retail • Visitors appreciate the safety and feeling of community with the street closure
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CONSENSUS BUILDING
CALIFORNIA AVENUE
The closure of California Avenue to vehicular traffic, in response to the pandemic, has introduced new possibilities to reshape the use of these streets by Palo Altans and visitors to advance the city’s economic vitality, community livability, sustainability, and public health.
Stakeholders have different perspectives on how to shape the future physical environment of California Avenue, as shown in Figure 1: Stakeholder Perspectives.
On one hand, the discussion is divided between local retail business owners and residents on the allocation of street space for vehicle access:
• Some local businesses have a strong preference for an alternative that is not car -free (a single travel lane or re-open the street except for the Farmer’s Market).
• Many residents favor the closure of the street for safety, outdoor dining, and public spaces without vehicles . However, some residents feel that public gathering spaces and outdoor dining do not need use of all the street space to the complete exclusion of cars.
On the other hand, local retail business owners, restauranteurs, and residents agree on several points:
• California Avenue is a highly valued, frequently visited environment integral to community and economic vitality of the Palo Alto.
Figure 1: Stakeholder Perspectives
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Car-free Streets – Fall 2022 - Spring 2023 Community & Stakeholder Engagement Report 20 of 24 • The District needs to be revived as a destination with a new identity, and that economic development, urban design, and community partnerships need to work together to realize the potential of California Avenue.
• California Avenue’s wide, 90-foot right-of-way offers opportunities for restaurant, retail, and community needs to be met and create a more vibrant destination environment, by building on the assets of the area and addressing the barriers to attracting ground floor uses. • The current street environment is temporary, unattractive, and needs to change.
• Retail businesses are suffering from the loss of daytime activity from Stanford Research Park employees due to remote work and the loss customers to online shopping.
RAMONA STREET
Stakeholders all agree that Ramona Street, as a historic district, is an ideal setting downtown to shape a vibrant public space as an outdoor dining destination. Local business owners and community members expressed great interest in maintaining Ramona Street permanently closed to vehicle traffic, however the emergency vehicle lane dividing the street in half presents a barrier to realizing the potential to transform this street into cherished urban place. Stakeholder all agree that Ramona St reet is of such importance to the downtown Palo Alto experience that it merits investment in high quality, historically respectful urban and landscape architectural design.
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MOVING FORWARD
The Car-free Streets effort proposes two parallel approaches to advancing the City Council’s objectives: demonstration projects and an upcoming Alternatives study.
DEMONSTRATION PROJECTS
Local business owners and residents strongly supported the idea of demonstration projects to ini tiate immediate change. To improve the current temporary environment , the City is planning to implement the following demonstration projects for both California Avenue and Ramona Street as shown in Figures 2 and 3 California Avenue – Demonstration Projects , and Figure 4 Ramona Street – Demonstration Projects.
• Install removable bollards
• Flexible community spaces
• Wayfinding and signage
• Ground plane public art and building murals (California Avenue)
UPCOMING STUDY
The following topics were presented to stakeholders for the Alternatives study.
Overall, people were supportive of this approach for California Avenue and Ramona Street:
• Streetscape design & amenities
• Circulation
• Design guidelines for private outdoor dining and public areas • Fee/pricing for use of Right-of-Way
• Parking strategies
• Historic resources
• Signage
• Legislative options
• Equity & accessibility
• Partnership building
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Figure 2: California Avenue Demonstration Projects El Camino Real to Mimosa Lane Figure 3: California Avenue Demonstration Projects Mimosa Lane to Birch Street Item 9
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STRATEGIES FOR SUCCES S
Based on what was learned from this stakeholder engagement effort, there are three transformational strategies needed to advance the City Council’s goals to enhance community experience and economic vibrancy of California Avenue:
economic development, organizational capacity building, and urban design. • Economic development will need res ourcefulness and creativity to establish the area’s market position and focus investment to enhance the vibrancy of the street, per Streetsense.15
• Organizational capacity building is creating a California Avenue Business Association that can take a leader ship role in the revitalization of California Avenue. The leadership role needs to cultivate partnerships, build consensus, recruit staff, secure funding, focus on an economic vitality plan, placemaking and promotion of the area. Based on stakeholder engagement so far, there is no functioning California Avenue Business Association.
• Urban design can improve the quality and function of the physical environment, however by itself it is insufficient to advance economic
15 City Council staff report 2/10/23.
Figure 4: Ramona Street Demonstration Projects Lane
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Car-free Streets – Fall 2022 - Spring 2023 Community & Stakeholder Engagement Report 24 of 24 vibrancy of California Avenue without the other two strategies leading the way.
The three strategies need work together with a consensus building process among local businesses and community stakeholders to shape a vision for California Avenue. Economic development and building organizational capacity need to be prioritized. Local business concerns need to be addressed in the short- term. Demonstration projects can build trust and credibility with local business owners, but ultimately will be insu fficient without these two transformational strategies.
California Avenue’s wide, 90 -foot right -of-way has ample space to balance economic, placemaking, and environmental considerations to create a vibrant main street destination. Stakeholders all agree t hat California Avenue has tremendous potential. The interviews, focus groups, community meetings , and survey have a wealth of observations and ideas about California Avenue to build upon – what brings people, what is and is not working, and desires for the future.
Stakeholder agreement on goals and evaluation criteria will enable alternatives to be designed, tested, and refined. Feedback on potential benefits and impacts of each alternative will enable selection of a feasible, achievable, and optimal solution for City Council action. It will take well -managed, on-going stakeholder engagement to advance the City Council’s direction to enhance the community experience and economic vibrancy of California Avenue and Ramona Street.
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Fukuji Architecture & Planning 1
COMMUNITY SURVEY SUMMARY Car Free Streets: California Avenue & Ramona Street Fukuji Architecture and Planning Fehr & Peers April 2023 Item 9
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Fukuji Architecture & Planning – Car Free Streets Community Survey Results 2 SURVEY RESULTS The on-line survey was conducted from December 7, 2022, to January 9, 2023. 617 people viewed the survey with 356 responses with approximately 18 hours of public comment. A total of 15 questions covering both California Avenue, Ramona Street and background demographics were asked. The survey question type asked is the select-all-that-apply format.1 CALIFORNIA AVENUE 1. How often do you visit California Avenue? 67% of respondents visit California Avenue at least once a week, with 1/3 visiting several times a week, so respondents are predominantly regular visitors. 2. What brings you to California Avenue? The predominant reasons that bring visitors to California Avenue are dining for 90% of respondents and attending the Farmer’s Market for 2/3 of respondents. Half of respondents go grocery shopping or to a café. Retail shopping is at approximately 40%. Interestingly, ¼ of respondents use Caltrain and 24% use professional services, showing diversification of reasons to be at California Avenue. More respondents visit for the arts/entertainment at 10% than employment, at 5% and even less go for government or non-profit reasons. 3. What Concerns you the most about California Avenue today and in the future? Too many vacancies and loss of retail are primary concerns, at 46% and 39% respectively, with almost a ¼ of respondents feeling the area is underutilized, and 15% feeling there are no appealing storefronts and buildings. 30% of respondents observed there are no people gathering spaces, and over 1/3 felt there were other concerns not listed in the survey. Alternatively, little concern was expressed on the visibility of the store fronts to motorists driving along the street at 8 % or insufficient parking at 6%. 4. If you can have anything on California Avenue, what would you want long-term? The overwhelming response was continuation of outdoor dining at 82%, followed by 2/3 of respondents wanting public places with seating at 62% and music at 62%. Slightly less than half want to see public art (47%), retail vendors and kiosks (44%), and programmed events and activities 42%. Over ¼ of respondents want to see children’s play areas (26%), and almost 1/3 would like artisan stalls (29%) and food trucks (32%). Slightly less than 1/5 expressed interest in adult games and sports. 1 For ranking of endorsements, select-all-that-apply questions yield similar results from forced-choice questions, so this format was selected. The consultant tested forced-choice questions with the City Commissioners, and Commissioner feedback was to reduce barriers to have the survey be as direct and simple as possible.
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Fukuji Architecture & Planning – Car Free Streets Community Survey Results 3
5. If you were to test creative, flexible interim street design prior to permanent improvements, which options would you want to explore? The predominant preference is for closure of the street to all car traffic except emergency vehicles at 79%. A pedestrian promenade (71%) and public plazas with street furniture including movable chairs, tables, planters and lighting (69%) are preferred urban design options to explore, followed by identifying locations for future trees and nature areas (53%) and bike lanes (52%). Slow low traffic volume two-way access to local businesses (10%) and partial closure to one lane vehicle access to local business (9%) were the least desired options of respondents. RAMONA STREET 6. How often do you visit Ramona Street? 30% of respondents visit Ramona Street at least once a month, with 1/4 visiting at least once every six months. 26% of respondents are regular visitors at least once a week. 18% visit at least once a year. 7. What brings you to Ramona Street? The predominant reasons that bring visitors to Ramona Street are dining for 81% of respondents and cafes for over ½ of respondents. 1/3 of respondents visit for retail shopping. 8. What concerns you the most about Ramona Street today and in the future? The predominant concern of respondents is a lack of people gathering places (34%). Too many vacancies and loss of retail are concerns are at 26% and 24% respectively, followed by not enough parking at 21%. The road closure barriers are of concern for 16% of respondents. ¼ of respondents felt there were other concerns not listed in the survey. 9. If you were to test creative, flexible interim street design prior to permanent improvements, which options would you want to explore? The predominant preference is for closure of the street to all car traffic except emergency vehicles at 70%. Expanding outdoor dining, (58%) and creating an urban public space (55%) are preferred urban design options to explore, followed by identifying locations for future trees and nature areas (48%) and bike lanes (42%). Slow low traffic volume two-way access to local businesses (10%) and partial closure to one lane vehicle access to local business (12%) were the least desired options of respondents. 10. If you can have anything on Ramona Street, what would you want long-term? The preferred response is creating an outdoor dining destination at 70%, followed by 61% of respondents wanting planting and streets trees that complement the historic buildings. Over half want to maintain the historic character and scale of the street (56%) and small-scale public spaces with seating (56%), followed by 43% wanting to see high quality design.
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Fukuji Architecture & Planning – Car Free Streets Community Survey Results 4 DEMOGRAPHICS 11. How old are you? Just under half of the respondents are over 55 years of age, and the other half of respondents are adults 25-54. 12. Where do you live? Over half work within a short 5–10-minute bike ride of California Avenue (54%). 16% work within a short 5–10-minute bike ride of Ramona Street in Downtown Palo Alto. Ten percent of respondents work at Stanford at less than 2%, other areas not within walking of cycling distance of California Avenue at 6%. Surprisingly, 15% of respondents live outside of Palo Alto. 13. Where do work? Approximately 1/3 work within a short 5–10-minute bike ride of California Avenue. Slightly over 20% live within a short 5–10-minute bike ride of Ramona Street in Downtown Palo Alto. Approximately 25% work at Stanford Research Park (14%) and Stanford University (11%). One quarter of respondents work outside of Palo Alto 26% and ¾ of respondents work in Palo Alto. 14. Do you own a business in Palo Alto? 99% of respondents do not own a business in Palo Alto. Only 5 respondents of 356 respondents own a business on California Avenue or Ramona Street.
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1 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue &
Ramona Street Visioning
January 9, 2023, 4:43 PM
Contents
i. Summary of responses 2
ii. Survey questions 11
iii. Individual responses 14
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Summary Of Responses
As of January 9, 2023, 4:43 PM, this forum had: Topic Start Topic End Attendees: 617 December 7, 2022, 2:12 PM January 9, 2023, 12:00 AM Responses: 356
Hours of Public Comment: 17.8
QUESTION 1
How often do you visit California Avenue (pick one)?
% Count
Several times a week
34.5% 122
At least once a week
32.5% 115
At least once a month
26.3% 93
At least once every 6 months
6.2% 22
At least once a year
0.6% 2
QUESTION 2
What brings you to California Avenue? [select all that apply] % Count
Restaurants
89.8% 318
Grocery store
50.6% 179
Farmer's market
63.8% 226
Cafe
51.4% 182
2 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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% Count
Retail
39.8% 141
Professional services
23.7% 84
Government or non-profits
3.7% 13
Arts/entertainment
10.5% 37
Caltrain station
24.9% 88
Place of employment
5.1% 18
QUESTION 3
What concerns you most about California Avenue today and in the future? [select all that apply] % Count
Too many vacancies
46.0% 151
Loss of retail shops
39.3% 129
No people gathering places
29.9% 98
No potential customers driving on the street
7.6% 25
Underutilized
24.4% 80
Not enough parking
6.1% 20
No appealing storefronts and buildings
15.5% 51
No reason to be there
6.4% 21
Other
35.7% 117
3 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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QUESTION 4
If you can have anything on California Avenue, what would you want long-term? [Select all that apply]
% Count
Outdoor dining
81.8% 287
Music
62.1% 218
Food trucks
31.6% 111
Retail vendors and kiosks
44.2% 155
Public art
46.7% 164
Artisan stalls
28.8% 101
Public places with seating
62.4% 219
Children's play areas
25.6% 90
Adult games and sports
18.2% 64
Programmed events and activities
41.6% 146
Other
22.8% 80
QUESTION 5
If you were to test creative, flexible interim street designs prior to permanent improvements, what options would you want to explore:
[Select all that apply]
% Count
Closure to all car traffic except emergency vehicles
79.3% 276
Partial closure to one lane vehicle access to local
businesses
8.9% 31
4 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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% Count
Slow, low volume two-way vehicle access to local
businesses
10.3% 36
Bike lanes
52.0% 181
Pedestrian promenade
71.3% 248
Public plazas with street furniture including chairs,
tables, movable planters, and lighting
68.7% 239
Locations for future trees and nature areas
52.6% 183
Other
12.9% 45
QUESTION 6
How often do you visit Ramona Street?
[Select one]
% Count
Several times a week
8.8% 28
At least once a week
17.2% 55
At least once a month
30.3% 97
At least once every six months
25.9% 83
At least once a year
17.8% 57
QUESTION 7
What brings you to Ramona Street?
[Select all that apply]
% Count
Restaurants
80.7% 251
5 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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% Count
Cafes
54.7% 170
Retail
31.8% 99
Professional services
6.1% 19
Place of employment
2.6% 8
Other
10.0% 31
QUESTION 8
What concerns you most about Ramona Street today and in the future? [Select all that apply]
% Count
Too many vacancies
26.4% 61
Loss of retail shopping
23.8% 55
No people gathering places
33.8% 78
Road closure barriers
15.6% 36
No potential customers driving past businesses
6.5% 15
Emergency vehicle access
2.6% 6
Not enough parking
21.2% 49
Other
25.1% 58
QUESTION 9
If you were to test creative, flexible interim street designs prior to permanent improvements, what options would 6 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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you want to explore:
[Select all that apply]
% Count
Closure to all car traffic
70.2% 205
Partial closure to one lane vehicle access to local
businesses
11.6% 34
Slow, low volume two-way vehicle access to local
businesses
10.3% 30
Bike lanes
41.8% 122
Expand outdoor dining
58.2% 170
Create an urban public space
55.5% 162
Locations for future trees and nature areas
47.6% 139
Other
6.5% 19
QUESTION 10
Long-term, what would you like to see on Ramona Street? [Select all that apply]
% Count
Small scale public spaces with seating
56.1% 162
Maintain historic character and scale of street
56.4% 163
High-quality design
42.9% 124
Planting and street trees that complement historic
buildings
60.6% 175
An outdoor dining destination
69.9% 202
Other
11.1% 32
7 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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QUESTION 11
How old are you?
% Count
18-24
1.7% 6
25-34
12.8% 44
35-44
12.8% 44
45-54
20.6% 71
55+
47.1% 162
Prefer not to answer
4.9% 17
QUESTION 12
Where do you live?
% Count
Downtown Palo Alto
5.2% 18
Adjacent Downtown Palo Alto neighborhood within
5-to-10-minute walk
8.2% 28
Within 5-to-10-minute bicycle trip to Ramona
Street
6.7% 23
Within Palo Alto, but not walking or cycling
distance of Ramona Street
2.6% 9
Cal Ave District
6.4% 22
Adjacent Cal Ave District neighborhood within 5-to-
10-minute walk
21.6% 74
Within 5-to-10-minute bicycle trip to Cal Ave
26.5% 91
Within Palo Alto, but not walking or cycling
distance of California Avenue
6.4% 22
Stanford University
1.7% 6
8 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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% Count
Outside of Palo Alto
14.6% 50
QUESTION 13
Where do you work?
% Count
Downtown Palo Alto
8.7% 25
Adjacent Downtown Palo Alto neighborhood within
a 5- to 10-minute walk
3.5% 10
Within a 5-to-10-minute bicycle trip to Ramona
Street
3.5% 10
Within Palo Alto, but not walking or cycling
distance of Ramona Street
1.4% 4
Cal Ave District
6.6% 19
Adjacent Cal Ave District neighborhood within 5-to-
10-minute walk
10.5% 30
Within a 5-to-10-minute bicycle trip to Cal Ave
12.5% 36
Within Palo Alto, but not walking or cycling
distance of Cal Ave
3.1% 9
Stanford Research Park
13.9% 40
Stanford University
10.5% 30
Outside of Palo Alto
25.8% 74
QUESTION 14
Do you own a business on Cal Ave or Ramona St?
9 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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% Count
Yes
1.1% 4
No
98.9% 350
QUESTION 15
Which business(es) do you own on Cal Ave. and/or Ramona St.? Answered 5
Skipped 351
italico
10 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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Survey Questions
QUESTION 1
How often do you visit California Avenue (pick one)?
• Several times a week
• At least once a week
• At least once a month
• At least once every 6 months
• At least once a year
QUESTION 2
What brings you to California Avenue? [select all that apply] • Restaurants
• Grocery store
• Farmer's market
• Cafe
• Retail
• Professional services
• Government or non-profits
• Arts/entertainment
• Caltrain station
• Place of employment
QUESTION 3
What concerns you most about California Avenue today and in the future? [select all that apply]
• Too many vacancies
• Loss of retail shops
• No people gathering places
• No potential customers driving on the street
• Underutilized
• Not enough parking
• No appealing storefronts and buildings
• No reason to be there
• Other
QUESTION 4
If you can have anything on California Avenue, what would you want long-term?
[Select all that apply]
• Outdoor dining
• Music
• Food trucks
• Retail vendors and kiosks
• Public art
• Artisan stalls
• Public places with seating
• Children's play areas
• Adult games and sports
• Programmed events and activities
• Other
QUESTION 5
If you were to test creative, flexible interim street designs prior to permanent improvements, what options would you want to explore:
[Select all that apply]
• Closure to all car traffic except emergency vehicles
• Partial closure to one lane vehicle access to local businesses • Slow, low volume two-way vehicle access to local businesses • Bike lanes
• Pedestrian promenade
• Public plazas with street furniture including chairs, tables, movable planters, and lighting
• Locations for future trees and nature areas
• Other
QUESTION 6
How often do you visit Ramona Street?
[Select one]
• Several times a week
• At least once a week
• At least once a month
• At least once every six months
• At least once a year
QUESTION 7
What brings you to Ramona Street?
[Select all that apply]
• Restaurants
11 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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• Cafes
• Retail
• Professional services
• Place of employment
• Other
QUESTION 8
What concerns you most about Ramona Street today and in the future?
[Select all that apply]
• Too many vacancies
• Loss of retail shopping
• No people gathering places
• Road closure barriers
• No potential customers driving past businesses
• Emergency vehicle access
• Not enough parking
• Other
QUESTION 9
If you were to test creative, flexible interim street designs prior to permanent improvements, what options would you want to explore:
[Select all that apply]
• Closure to all car traffic
• Partial closure to one lane vehicle access to local businesses • Slow, low volume two-way vehicle access to local businesses • Bike lanes
• Expand outdoor dining
• Create an urban public space
• Locations for future trees and nature areas
• Other
QUESTION 10
Long-term, what would you like to see on Ramona Street? [Select all that apply]
• Small scale public spaces with seating
• Maintain historic character and scale of street
• High-quality design
• Planting and street trees that complement historic buildings • An outdoor dining destination
• Other
QUESTION 11
How old are you?
• Under 12
• 13-17
• 18-24
• 25-34
• 35-44
• 45-54
• 55+
• Prefer not to answer
QUESTION 12
Where do you live?
• Downtown Palo Alto
• Adjacent Downtown Palo Alto neighborhood within 5-to-10-minute walk • Within 5-to-10-minute bicycle trip to Ramona Street
• Within Palo Alto, but not walking or cycling distance of Ramona Street • Cal Ave District
• Adjacent Cal Ave District neighborhood within 5-to-10-minute walk • Within 5-to-10-minute bicycle trip to Cal Ave
• Within Palo Alto, but not walking or cycling distance of California Avenue
• Stanford University
• Outside of Palo Alto
QUESTION 13
Where do you work?
• Downtown Palo Alto
• Adjacent Downtown Palo Alto neighborhood within a 5- to 10-minute walk
• Within a 5-to-10-minute bicycle trip to Ramona Street • Within Palo Alto, but not walking or cycling distance of Ramona Street • Cal Ave District
• Adjacent Cal Ave District neighborhood within 5-to-10-minute walk • Within a 5-to-10-minute bicycle trip to Cal Ave
• Within Palo Alto, but not walking or cycling distance of Cal Ave • Stanford Research Park
• Stanford University
• Outside of Palo Alto
QUESTION 14
12 | www.opentownhall.com/12434 Created with OpenGov | January 9, 2023, 4:43 PM Car Free Streets: California Avenue & Ramona Street Visioning Share input on the future of car free streets: California Avenue and Ramona Street.
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Do you own a business on Cal Ave or Ramona St?
• Yes
• No
QUESTION 15
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Car Free Streets:
California Avenue
Ramona Street
City of Palo Alto
April 2023
Fukuji Architecture & Planning
Fehr and Peers
NACTO Global Street Design Guide
Ramona Street
California Avenue
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Agenda
1. Welcome & Introductions
2. Outreach Findings
• Cal Ave
• Ramona Street
• Feedback
3. Two Project Approach
• Demonstration Projects
• Upcoming Study topics
• Feedback
4. Next Steps
• Validate outreach findings
• Receive feedback on:
• Demonstration projects
• Upcoming study topics
Meeting Objectives
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Car Free Streets:
California Avenue & Ramona Street
City Council effort to:
• Enhance community
experience and economic
vibrancy of Palo Alto
• Engage community,
businesses & property
owners
• Advance interim and
permanent street
configurations
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Community & Stakeholder Outreach
• Project Website
• 12 Interviews
• Local businesses, property owners &
managers, non-profit leaders, Chamber of
Commerce, elected officials, developers
• 3 Focus Groups 11/17 – 12/1
• Ramona Street Business Owners
• California Avenue Business Owners
• Chairpersons of City Commissions
• 12/7/22 Community Workshop - 60 attendees
• Online Community Survey - 356 responses!
Cal Ave Business Owners
Community Workshop
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
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Outreach Meetings
Identifying Opportunities, Concerns, and Priorities for Cal Ave and Ramona Street Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
114
Packet Pg. 268 of 374
California Avenue
Outreach Findings
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
115
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What brings you to Cal Ave?
Online Survey
24%
25%
40%
51%
51%
64%
90%
0 10 20 30 40 50 60 70 80 90 100
Services
Caltrain
Retail shops
Café
Grocery
Farmer's market
Restaurants
percentFarmer’s Market
Restaurants
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
116
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What concerns you about Cal Ave?
Online Survey
Former Bank
California Hotel
46%
39%
30%
24%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Too many vacancies Loss of retail shops No people gathering places
Underutilized
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
117
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What would you like to see on Cal Ave?
Online Survey
82%
62% 62%
44% 42%
32% 29%
0 10
20 30
40 50
60 70
80 90
Outdoor
dining
Public
places with
seating
Music Retail
vendors &
kiosks
Events Food trucks Artisan stalls
Public Spaces with Seating & Music
Outdoor Dining
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
118
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Cal Ave – Perspectives on Street Closure
Want at least
one vehicle
lane open
Zoning too
restrictive to
attract tenants
Build outdoor dining
to destination
Need daytime
vitality
Can’t attract
tenants, erodes
shopper base
RETAILERS
“We’re at high risk to further impacts
with permanent closure”
RESTAURANTEURS
“Outdoor dining saved our business”
Customers enjoy
outdoor dining
Need signage
from parking to
shops
Need shops
open before &
after dinner
Heaters
essential
RESIDENTS
“Close street permanently”
Ped/bike
safetyDoesn’t feel like
community space
Desire events
Need community
gathering places
Retail
Diversity
Support small
business retention
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
119
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Cal Ave Assets
• Historic Main Street
• Walkable
• 90-foot ROW
• Recent streetscape improvements &
parking structure
• Farmer’s Market
• Higher density & mixed-use
• Regional transit
• Pedestrian connections from parking
• Public art
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
120
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Cal Ave Challenges
No aesthetics Vacancies Retail invisibility
UnderutilizedNot inviting Divided
Ped/bike conflicts
Disorganized
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
121
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Ramona Street
Outreach Findings
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
122
Packet Pg. 276 of 374
What brings you to Ramona Street?
Online Survey
6%
32%
55%
81%
0 10 20 30 40 50 60 70 80 90
Services
Retail shops
Cafés
Restaurants
percent
Restaurants
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
123
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What concerns you about Ramona Street?
Online Survey
No gathering places
16%
21%
24% 26%
34%
0%
5%
10%
15%
20%
25%
30%
35%
40%
Road closure
barriers
Not enough
parking
Loss of retail
shops
Too many
vacancies
No gathering
places
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
124
Packet Pg. 278 of 374
What would you like to see on Ramona Street?
Online Survey
70%
61%
50% 50%
43%
0%
10%
20%
30%
40%
50%
60%
70%
80%
Outdoor dining
destination
New planting &
street trees
Maintain the
historic
character
Small-scale
public spaces
with seating
High-quality
design
Outdoor Dining Destination
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
125
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Business Owner Perspectives
• Customers love street closure, supports business
• Temporary situation is not visually attractive
• Emergency lane divides street, limits creating
public space
• Need aesthetic standards for improvements
• Willing to invest long-term if City commits to
permanent street closure
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
126
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Feedback
Ground Rules
Give everyone a chance to contribute
Share by ”raising your virtual hand”
When called on unmute yourself
If having a technical problem, contact Ozzy Arce at
[email protected]
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
127
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Cal Ave & Ramona Street
Feedback
Community Outreach
• Did we capture the high-priority opportunities and concerns? • Any gaps?
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
128
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Two Project Approach
Initiating immediate and near-term change to Cal Ave
Demonstration
Projects
Upcoming Study
as directed by
City Council
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
129
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Demonstration Projects
Install removable bollards
Flexible community spaces
Ground plane public art
Wayfinding and signage
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
130
Packet Pg. 284 of 374
Demonstration Projects – Removable Bollards
Replacing barriers to create safe and inviting public spaces on Cal Ave & Ramona Street Contemporary removable bollards for Cal Ave
Traditional removable bollards for
Ramona Street
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
131
Packet Pg. 285 of 374
Demonstration Projects – Flexible Spaces
Activating public spaces on Cal Ave and Ramona Street
Outdoor living rooms
Seating for
Individuals and small groups
Space for events and games
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
132
Packet Pg. 286 of 374
Demonstration Projects – Ground Plane Art
Creating public art on Cal Ave
Street Murals
Commissioned Artists, Community Members and City Staff Mural – Fort Collins, Colorado Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
133
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Demonstration Projects – Wayfinding & Signage
Communicating walking route information to Cal Ave and Ramona Street destinations Walking Distance
Directional Signs to Destinations
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
134
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Cal Ave - Demonstration Project Locations
El Camino Real to Mimosa Lane
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
135
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Cal Ave - Demonstration Project Locations
Mimosa Lane to Birch Street
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
136
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Ramona Street - Demonstration Project Locations
University Avenue to Hamilton Avenue
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
137
Packet Pg. 291 of 374
Upcoming Study Topics
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
138
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Upcoming Study Topics
Alternatives Analysis & Implementation Plan
• Streetscape design & amenities
• Circulation
• Design guidelines for private outdoor dining and public areas • Fee/pricing for use of Right-of-Way
• Parking strategies
• Historic resources
• Signage
• Legislative options
• Equity & accessibility
• Partnership building
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
139
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Cal Avenue & Ramona Street
Feedback
Demonstration Projects
• Feedback on the demonstration projects?
• Thoughts on the proposed locations?
• Feedback on additional locations for demonstration projects? Upcoming Studies
• What are the highest priority topics for City Council consideration? Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
140
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Next Steps
1. Implement demonstration projects this summer!
2. Release the Scope of Work/RFP for the Alternatives Analysis study, as directed by Council
3. Council approval of contract for the Alternatives Analysis study once a preferred consultant is identified
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
141
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For More Information
Project Website: CityofPaloAlto.org/CarFreeStreets
Project Contact: Ozzy Arce, Senior Transportation Planner [email protected]
Item 9
Attachment G - Presentation from
the April 2023 Community Meeting
Item 9: Staff Report
Pg.
142
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Car Free Streets:
California Avenue
Ramona Street
City of Palo Alto
December 7, 2022
Fukuji Architecture & Planning
Fehr and Peers
NACTO Global Street Design Guide
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
143
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Car Free Streets:
California Avenue & Ramona Street
City Council effort to:
• Enhance community
experience and economic
vibrancy of Palo Alto
• Engage community,
businesses & property
owners
• Advance interim and
permanent street
configurations
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
144
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1. Welcome & Introductions
2. Presentation
3. Small Group Activity
4. Next Steps
Ramona Street
California Avenue
• Listen to community
perspectives and ideas
• Present best practices
• Input on draft work plan
Agenda
Objectives
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
145
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Reshaping a Post Pandemic Main Street
Challenges for California Avenue
© 2022 Google
© 2022 Google
© 2022 Google
2022 Post-Pandemic
2019 Pre-Pandemic
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
146
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3RD Street Promenade - Santa Monica, California
DOWNTOWN BOULDER
RETAIL/VIBRANCY STUDY
MARCH 2018
Pearl Street – Boulder, Colorado
Lessons Learned: Successful Pedestrian Main Streets
Creating Central Destination for Downtown Economic Vitality Google Earth
City of Santa Monica City of Santa Monica
City of Boulder
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
147
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Lessons Learned: Pedestrian Mall Conversions
Reintroducing cars - placemaking and walkability with increasing visibility with local vehicle access Fresno, California: 1964 Fulton Street Closed; 2017 Converted to 2-way Street with 1960’s Art Kalamazoo, Michigan: 1959 Nation’s First Pedestrian Mall; 1998 Converted to a One-Way Street Google Earth
Google Earth
City of Fresno
Kalamazoo City Museum
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
148
Packet Pg. 302 of 374
Lessons Learned: Elements for Success
Vibrant Main Streets are the result of comprehensive management and revitalization Main Street America Resource Guide
National Main Street Center and National Trust for Historic Preservation Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
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Benefits
• Demonstrate new ideas
• Engage and empower
stakeholders
• Implement change
quickly
• Explore and refine
designs
• Inspire new policies and
practices
National Association of City Transportation Officials
Post Pandemic Opportunity: Interim Street Transformations Reprioritizing Transportation Infrastructure for Public Use Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
150
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Process for Reshaping Streets
NACTO Global Street Design Guide
1. Plan 2. Design
3. Implement4. Test
Thursday,
Thursday
,
5. Evaluate
Thursd
ay,
Test system
Identify
Permanent
improvements
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
151
Packet Pg. 305 of 374
Street Transformations – Existing Condition
Pike Street, New York
New York City Department of Transportation
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
152
Packet Pg. 306 of 374
Street Transformations – Interim Design
Pike Street, New York
New York City Department of Transportation
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
153
Packet Pg. 307 of 374
Street Transformations – Capital Reconstruction
Pike Street, New York
New York City Department of Transportation
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
154
Packet Pg. 308 of 374
State Street – Interim Design
Santa Barbara, California
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
155
Packet Pg. 309 of 374
State Street – Interim Design
Santa Barbara, California
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
156
Packet Pg. 310 of 374
State Street – Interim Design
Santa Barbara, California
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
157
Packet Pg. 311 of 374
State Street – Interim Design
Santa Barbara, California
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
158
Packet Pg. 312 of 374
Sunset Triangle Plaza – Interim Design
Los Angeles, California
City of Los Angeles
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
159
Packet Pg. 313 of 374
Public Space Activation
NACTO 2021 Grant Program - Streets for Pandemic Response and Recovery 10 City/Community Partnerships Funded
Baltimore – Denver – Fort Collins – Los Angeles – Madison – Minneapolis – Portland – San Francisco – Seattle – Washington DC Source District Bridges
Local Cart VendorsCommunity Artists
Indigenous CulturePop-up Library
Bike Repair Station Street Murals
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
160
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Street Transformations – Community Visioning
State Street Design Charrette, Downtown Santa Barbara, California Stat e St r eet Cor r idor - Team A
D O W N T O W N S A N T A B A R B A R A
Date: 09/24/20
Design Charrette 2020
RE:INVIGORATE
INVENT
IMAGINE
PURPOSE
Civic Center / Old T own:
De La Guer r a St r eet
Or t ega St r eet
DE LA GUERRA
PLAZA
PASEO NUEVO
METRO 4
THEATRE
EL PASEO
MERCHANT KIOSKS
CHILDRENS
FOUNTAIN
ALLEE OF
REMBERANCE
ARTISAN
STALLS OUTDOOR SEA TING
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
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Small Group Activity
• Give everyone a chance to contribute
• Make notes on maps or post-its to document your
thoughts
• This is a data collection, not decision making or consensus building
• All ideas welcome !
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
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Small Group Questions
1. What concerns you most about the closure of California Avenue to vehicle traffic?
2. If you can have anything on California Avenue what would attract the most people to visit and spend time?
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
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Next Steps
1. Update City Council
2. Summarize Outreach Results including On-line Survey
3. Develop Scope of Work
4. Focus Group Follow-up
5. Draft RFQ/RFI
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
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For More Information
Project Website: CityofPaloAlto.org/CarFreeStreets
Project Contact: Ozzy Arce, Senior Transportation Planner [email protected]
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
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California Avenue Existing Conditions
El Camino Real to Mimosa Lane
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
166
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California Avenue Existing Conditions
Mimosa Lane to Birch Street
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
167
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Ramona Street Existing Conditions
University Avenue to Hamilton Avenue
Item 9
Attachment H - Presentation from
the December 7 2022 Community
Meeting
Item 9: Staff Report
Pg.
168
Packet Pg. 322 of 374
ꢀĂůŝĨŽƌŶŝĂꢁꢂǀĞŶƵĞꢁꢃdžŝƐƟŶŐꢁꢀŽŶĚŝƟŽŶƐ
El Camino Real to Mimosa Lane October 13, 2023
Backyard Brew
Californina
Avenue
OptometryBenetech
(Vacant)
Former
Bank
Club
Pilates Techcu Lee Country Sun
Natural FoodsAldinger InsuranceBookshare Jin Sho
Jin Sho
TerunTerun
Flexible
Community
Space
TerunGame Play Area: Mini Golf Flexible
Community Space
Mediterranean
WrapsLa Bodega del Medio Kali WĂƐƟ͛Ɛ Kowa Thai Lotus La BohemeIzzy’s
Bagels
Izzy’s
Brooklyn
Bagels
La Bodeguita
del Medio
Eye
Works
Namaste Ramen Leaf & Vin Vino Vacant Lotus
Thai
Ume
Tea
Sekoya
Lounge Boheme
and
LaꢀŝƟ
Bank Indian Kowa
Cuisine
Petal Wine
Kali Greek
Kitchen
Kitchen
Campus
Barber Shop
Mediterranean
Wrap
ꢀŚƌŝƐƟĂŶ
Science
Reading
Room
Hairshaper’s
Club>ĞŐĞŶĚ Pedestrian Alley/Walkway
Parking LotOutdoor Dining Area
Emergency Access Lane
Tented Dining Area
KƌĂŶŐĞꢁWůĂƐƟĐꢁꢂĂƌƌŝĞƌ
Bus Stop
Scale
Flexible Community Spaces/
Game Play Areas 0 ϱϬꢁŌ
Item 9
Attachment I - California Avenue
Exhibit October 2023 (El Camino Real
to Birch Street)
Item 9: Staff Report
Pg.
169
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ꢀalŝĨŽƌŶŝaꢁꢂǀeŶƵeꢁꢃdžŝƐƟŶŐꢁꢀŽŶĚŝƟŽŶƐ
DŝŵŽƐĂꢁ>ĂŶĞꢁƚŽꢁꢂŝƌĐŚꢁ^ƚƌĞĞƚꢁꢃdžŝƐƟŶŐꢁꢀŽŶĚŝƟŽŶƐ October 13, 2023 Abbey
Neurodynamic
Center
Gallery
HouseMassage
Therapy
Center
Palo Alto
Sol
Omomi Lash
& Permanent
Makeup
Anatolian
Kitchen
(Vacant)
Former
Bank
The
Cobblery
Sun of
Wolf Zombie
Runner
ꢀŽīĞĞ
Summit
Bicycles
Avalon Art &
Yoga Center
La Jolie California
Nail Spa Paint Co.
Spoke &
Weal
Printers
Cafe
Moods Performance
Wine Bar Gaines Gym Gamelandia
The Sun of WolfCobblery Palo Alto Sol
Flexible Community Space Flexible
Community Space
Flexible
Community Space
Ground-Plane
MuralJoanie’s
CafeLa
Boheme Flexible
Community
Space
iTalicoLocal Zareen’sKitchens
Food Hall
Vacant Vacant Local
Kitchens
Food
iTalico Vertex
Ventures
(Future)
^ĐƵƩůĞďƵƚ
Restaurant
(Future)
Outdoor
^ĞĂƟŶŐꢁĨŽƌ
^ĐƵƩůĞďƵƚ
Sekoya
Lounge
and
Pure
Barre
La
Boheme
Joanie’s
Cafe KƌĂŶŐĞꢁƉůĂƐƟĐꢁ Zareen’s
Pakistani
& Indian
Kitchen
barriers HallKitchen
Casual Chic
Salon
>eŐeŶĚ Pedestrian Alley/Walkway
Parking LotOutdoor Dining Area
Emergency Access Lane
Tented Dining Area
KƌĂŶŐĞꢁWůĂƐƟĐꢁꢂĂƌƌŝĞƌ
Bus Stop
ScaleFlexible Community Spaces/
Game Play Areas 0 ϱϬꢁŌ
Item 9
Attachment I - California Avenue
Exhibit October 2023 (El Camino Real
to Birch Street)
Item 9: Staff Report
Pg.
170
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ZĂŵŽŶĂꢀ^ƚƌĞĞƚꢀꢁdžŝƐƟŶŐꢀꢂŽŶĚŝƟŽŶƐꢀ
University Avenue to Hamilton Avenue October 13, 2023
CiƟ
Bank
Vacant
(Formerly
Old Pro)
Warby
Parker Sweet GreenVacant
Nola
Sweet GreenNola
Ramona Street 16’ 20’
Wood Oven
Pizza Coupa Cafe Tea Time Bistro Maxine Osteria
Bistro
Maxine
Cardinal
Barbershop
OsteriaForest Spa
BouƟƋue
Coupa Cafe
>ĞŐĞŶĚ Pamela
Walsh
Gallery
Wood Oven
PizzaMansoor Vacant Tea TimeParklet Parking Lot
Good
Emergency Access Lane KƌĂŶŐĞꢀWůĂƐƟĐꢀ VibraƟons
Barrier
Outdoor Dining Area
Bus Stop
Flexible Community Spaces
Pedestrian Alley/Walkway
ScaleBike Corral 0 ϱ0 Ō
Item 9
Attachment J - Ramona Street Exhibit
October 2023 (El Camino Real to
Birch Street)
Item 9: Staff Report
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171
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: November 6, 2023
Report #:2309-2070
TITLE
LEGISLATIVE: Adopt Ordinances Amending Planned Community Ordinance 2343 for 2901-2905 Middlefield Road and Establishing a Separate Planned Community Zoning Designation for 702 Ellsworth Place to Enable the Development of a new Single-Story, Single-Family Residence.
CEQA Status -- Categorically Exempt Under CEQA Guidelines Sections 15061(b)(3), 15301, and 15303 (Continued from September 18, 2023)
RECOMMENDATION
Staff recommends that City Council adopt two ordinances amending Planned Community Ordinance 2343 for 2901-2905 Middlefield Road to establish separate Planned Community zoning designations for the existing 12-unit apartment building at 2901-2905 Middlefield Road (Attachment A) and the undeveloped lot at 702 Ellsworth Place to enable the development of a single-family residence (Attachment B).
BACKGROUND
The City Council held a public hearing on September 18, 2023 to consider the subject request.
Project background information is available online in the staff report prepared for that meeting.1
The City Council, on a 5-2 vote, continued the hearing with the main motion on the table and with direction to staff to attempt to resolve the issue of package deliveries on Ellsworth Place.
Some Councilmembers expressed interest to support the request with the following adjustments:
•Extend the access easement to Ellsworth Place from 24-feet to 26-feet in width; •Prohibit additional landscaping within the sight triangle at 2901 Middlefield Road; •Delete the word ‘perceived’ from the ordinance that establishes the easement; •Verify the accuracy of lot sizes identified in the ordinances; 1 September 18, 2023, City Council Staff Report:
https://cityofpaloalto.primegov.com/meeting/document/2722.pdf?name=Item%207%20Staff%20Report Item 10
Item 10 Staff Report
Item 10: Staff Report
Pg.
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•Provide for package delivery on 2901 Middlefield Road and coordinate with package delivery vendors to provide drop off lockers for residents on Ellsworth Place; and, •Extend the sight triangle at 702 Ellsworth to the southernmost corner of the property.
Staff revised the proposed ordinance based on this direction, as discussed in the Analysis section below. Staff additionally asked the applicant to investigate if it would be beneficial to lower a raised portion of the access drive that occurs near the property line boundary adjacent to Middlefield Road. The applicant contacted a grading contractor and the project traffic consultant, and both agree that the existing condition is suitable and appropriate for the site.
The raised bump condition near the sidewalk causes motorists to slow down when entering or exiting the property. Slower traffic lessens the chance of collision or injury. Moreover, the raised bump does not impede visual access exiting onto Middlefield Road. The City’s Office of Transportation has similarly reviewed the condition and concurs with these findings, conditioned upon the maintenance of vegetation in the planting strips next to the sidewalk to ensure visibility; this requirement has been incorporated into the Site Development Regulations (Section 5(a)) contained in both of the proposed ordinances.
Additionally, there may also be drainage-related concerns if the raised portion were lowered but staff did not pursue that further given the safety findings above.
ANALYSIS
Responses to the City Council’s direction are provided below. 26-Foot-Wide Easement to Provide Access to Ellsworth Place The City Council expressed preference for a 26-foot-wide easement to provide access from Middlefield Road to Ellsworth Place.
Both PC ordinances have been revised to require additional asphalt paved sections along both sides of Ellsworth Place, that, when combined with the existing paved area, would result in a 26-foot wide easement over the first 37 feet of Ellsworth Place. The ordinances also require the property owners to record easements designating the additional paved sections for ingress and egress to the other properties on Ellsworth Place.
At the time this report was prepared, the owner of 2901-2905 Middlefield Road has not indicated agreement or support for the additional easement width request. The owner of 702 Ellsworth Place supports the request in combination with a taller front yard fence within the sight triangle (see heading further below and Attachment C).
Landscaping Within Sight Triangles
The proposed ordinance for 702 Ellsworth Place PC already limits new impediments to a height of one foot within the sight triangle. The City Council expressed a preference for similar restrictions for the sight triangle on the 2901-2905 Middlefield Road. The proposed ordinance for 2901-2905 Middlefield Road PC has been updated accordingly.
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Verify the Accuracy of Lot Sizes
Staff reviewed the draft PC ordinances and found no discrepancy in the lot sizes. Staff has made minor, non-substantive changes to the ordinances to clarify requirements regarding dimensions and locations of the additional paved sections along Ellsworth Place, sight triangles, and parking and loading areas.
Package Delivery & Drop Off Lockers for Ellsworth Place Residents The applicant reports contacting UPS and FedEx and states that residential drop off containers are not available from those companies. Efforts to contact Amazon were not successful. Staff similarly attempted internet-based searches to see if there were coordinated residential drop off arrangements between companies but was unsuccessful finding a solution.
The property owner for 2901-2905 Middlefield Road concludes that a community package delivery drop box solution is not feasible and is not an approach the applicant is willing to pursue. The property owner restates a perspective that the proposed temporary loading zone design represents an improvement for the residents at Ellsworth Place and that the current system that Ellsworth Place residents rely upon for their parcel delivery involves trespassing on private property.
Staff concurs that a communal parcel drop box supported by many delivery vendors is not practical and that the loading zone space can reasonably accommodate certain-sized delivery trucks. For larger trucks, staff recommends a sign be posted at Middlefield Road before accessing the private easement directing delivery trucks over 24 feet to use a designated loading space on Sutter Avenue. The loading zone space on Sutter Avenue would occupy two parking spaces (approximately 40 feet) and have signs and a white-painted curb restricting non- loading zone parking. The installation of curb paint along the Sutter Avenue frontage of 2901 Middlefield for a loading zone space has been added as a new requirement to SECTION 1 item (d) sub-item (ii) in the PC ordinance for 2901 Middlefield Road, to offset the nominal cost for a loading zone installation. Staff recommends the installation of a sign stating “No Delivery Trucks Over 24' long” below or above the existing ‘No Outlet’ sign located within the Middlefield right of way between the sidewalk and Handa’s property. This has been added to SECTION 5 item (a) sub-item (v) of the PC ordinance for 702 Ellsworth, as an exception to the ‘no new impediments over one foot in height’ rule.
Extend Sight Triangle for 702 Ellsworth to Southernmost Property Corner This provision has been incorporated into the PC ordinance for 702 Ellsworth Place. By extending the sight triangle endpoint to the southernmost property corner along Middlefield Road, the ordinance introduces further restrictions on vegetation, fences and other impediments to one foot or less in height within the extended triangle area. This new sight triangle area would affect approximately 14 additional feet of fence length along Middlefield to Item 10
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reach the southernmost corner of 702 Ellsworth Place. The PC ordinance retains the restriction on new impediments taller than one foot within the sight triangle.
As noted above, the owner for this property objects to the 12-inch fence height restriction citing safety concerns and noting other properties do not have the same requirement. In exchange for the increased easement width for this property, the owner requests approval for a 36-inch tall wrought iron fence within the sight triangle that is set back four feet from the sidewalk. Two design options are proposed, including one that provides an angled design to eliminate any obstruction within six feet of the intersection of Ellsworth Place and the Middlefield Road sidewalk. More information is available in Attachment C.
Staff notes that the municipal code does permit a 36-inch tall fence within the sight triangle.
Moreover, in consultation with the City’s Office of Transportation, a 36-inch tall fence with openings such as wrought iron and located four feet back from the sidewalk, would not obstruct visibility of pedestrians walking on the sidewalk or motorists entering or exiting Ellsworth Place. Staff had supported a similar design concept when the project was reviewed by the PTC who added the one-foot tall fence height restriction; staff carried forward the PTC’s recommendation to the City Council when this item was considered in August.
Communications Pole Relocation on 2901 Middlefield Road When assessing the implications of a 26-foot-wide easement on the subject property, staff learned that the proposal to relocate the bracing for the existing AT&T pole requires modification. To improve access to one of the planned parking spaces near the apartment building and address bracing requirements, the existing communications pole will require relocation. The image in Exhibit 2 attached to the 2901 Middlefield ordinance shows the approximate location of the new communications pole and will require coordination with AT&T for communication line trenching, removing the existing pole, and rewiring from the new pole to the existing pole on the property line with 705 Ellsworth Place. The PC ordinance for 2901- 2905 Middlefield has been revised to require the relocation of the communications pole as depicted in Exhibit 2 of the 2901-2905 Middlefield ordinance prior to the issuance of a building permit for the property at 702 Ellsworth Place, at the property owner’s expense.
Construction Logistics Plan
While not typically required for new single-family home construction, given community concerns expressed about site access and visibility, the adjacency to Middlefield Road, and that Ellsworth residents rely on the 702 Ellsworth Place easement for ingress and egress to their properties, staff has added a requirement that the property owner of 702 Ellsworth place prepare a construction logistics plan for approval by the City prior to the issuance of a building permit for the new home. The logistics plan will address construction staging, construction worker parking, and material deliveries during site preparation and construction. It will also include best practices for dust mitigation, stipulate permitted construction activities, hours, and noise requirements, and include contact information for construction-related complaints.
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Moreover, to offset city enforcement costs, staff recommends including a $5,000 deposit to respond to construction-related complaints that may arise from this project. The deposit would be replenished after reaching a certain amount specified in the ordinance, and unspent portions refunded upon issuance of the certificate of occupancy.
FISCAL/RESOURCE IMPACT
The recommendation included with this report does not have any significant fiscal impacts but does include conditions of approval to off-set costs associated with anticipated code enforcement during construction and installation of some signs and street markings.
STAKEHOLDER ENGAGEMENT
Notice of the subject hearing was mailed to owners and occupants within 600 feet of the properties, posted in the local paper, online and placed at the public information kiosk on Martin Luther King Jr. Plaza at City Hall, in accordance with local requirements and procedures.
ENVIRONMENTAL REVIEW
Council action on this item is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) in that it can be seen with certainty that minor changes to the parking configuration at 2901-2905 Middlefield Road and construction of a single-family home will not result in a significant impact on the environment. Council action on the PC ordinance for 2901-2905 Middlefield Road (Attachment A) is also categorically exempt under CEQA Guidelines section 15301 (minor alterations to existing facilities). Council action on the PC ordinance for 702 Ellsworth Place (Attachment B) is also categorically exempt under CEQA Guidelines section 15303 (construction of a new single family residence).
ATTACHMENTS
Attachment A: Planned Community 2343 Amendment Ordinance for 2901 Middlefield Attachment B: Planned Community Ordinance for 702 Ellsworth Place Attachment C: Email/Letter from Nitin Handa, owner for 702 Ellsworth Place APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 10
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Rezone the Property at 2901- 2905 Middlefield Road from Planned Community Ordinance 2343 (PC-2343) to Planned Community Ordinance XXXX (PC-XXXX).
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
(a) On February 2, 2023 , Dewey Land Company LLC (“Dewey”) and Handa Developer’s Group/RRP (“Handa”) applied to amend Planned Community Ordinance 2343 (“PC- 2343”) to apply solely to the property at 2901 -2905 Middlefield Road , APN 127 -35-194, (“Middlefield Parcel”) and rezone the property at 702 Ellsworth Place , APN 127- 35-152, (“Ellsworth Parcel”) from Planned Community to Single Family Residential (R-1).
(b) At a March 13, 2023 study session , the City Council considered the prescreening application and indicated the project applicants should proceed with a formal PC rezoning application to the Planning and Transportation Commission for a recommendation.
(c) On June 28, 2023, July 12, 2023, and August 9, 2023 the Palo Alto Planning and Transportation Commission (“PTC”) held a series of public hearings to consider the application.
The PTC recommended that PC -2343 be amended to remove the Ellsworth Parcel and to adopt two new PC ordinances to govern the Middlefield Parcel and Ellsworth Parcel, respectively, along with a corresponding amendment to Section 18.08.040 of the Palo Alto Municipal Code (Zoning Map).
(d) The amendment recommended by the PTC would reduce the area of the Planned Community PC 2343 from approximately 26,386 sf to approximately 19,893 s quare feet to encompass 2901-2905 Middlefield Road , a 12-unit apartment building currently owned by Dewey, and amend the development plan for the PC to:
(i) restripe the tenant parking facility to assign four uncovered parking spaces to meet current code requirements for tenant parking spaces, (ii) provide a truck delivery space,
(iii) maintain trash enclosure and pickup from Sutter Avenue, (iv) the 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by plants, fences, or other objects taller than 1 foot, (v) add a 3’6” -wide swath of paving alongside Ellsworth Place beginning at the Middlefield Road.
(e) The PTC recommended concurrent adoption of a companion ordinance (Ordinance No.
XXXX) to designate the remaining approximately 6,493 square foot p arcel currently owned by Item 10
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Handa at 702 Ellsworth as PC , for the purpose of c onstructing a single -story, single -family residence.
(f) The City Council held public hearings on September 18, 2023 and November 6, 2023 to consider the PTC’s recommendation and additional public input, and made further amendments to those recommendations regarding the width of Ellsworth Place , parking and loading requirements, and the sight triangle at the northeast corner of the intersection of Ellsworth Place and Middlefield Road, as set forth below.
(g) The Council, after due consideration of the PTC’s recommendations, finds:
(i) The site is so situated and the uses proposed for the site are of such characteristics that the application of general districts or combining zoning districts will not provide sufficient flexibility to allow the proposed development; the City's conventional zoning district RM20 would not permit the existing 12 unit structure on the proposed 0.46 acre site
(ii) Amendment to the existing Planned Community PC -2343 will provide public benefits expected to result from the Project, including expanded ingress and egress for the existing residences on Ellsworth Place through additional easements, that, when combined, would result in a 26 -foot wide easement over the first 37 feet of Ellsworth Place, and the construction of an additional dwelling unit.
(iii) The Council further finds that the Project provides public benefits, as described above, that are of sufficient importance to make the Project, as a whole, one with reasonable public benefit.
(iv) The existing use and improvements are generally remaining unchanged and are compatible with existing and potential uses on adjoining sites or within the general vicinity.
(v) The use permitted and the site development regulations are consistent with the following Palo Alto Comprehensive Plan policies and are , on balance , consistent with the goals and purposes of the Comprehensive Plan:
Policy L-1.1 Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.
Policy L-1.2 Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts.
Policy L-1.3 Ensure that new or remodeled structures are compatible wit h the neighborhood and adjacent structures.
Policy L-1.4 Avoid negative impacts of basement construction for single -family homes on adjacent properties, public resources, and the natural environment.
Policy L-1.5 Design buildings to complement streets an d public spaces; to promote personal safety, public health and well- being; and to enhance a sense of community safety.
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Policy L-1.6 Discourage the use of fences that obscure the view of the front of houses from the street. The use and improvements on the site are remaining unchanged from existing conditions, which are compatible with existing and potential uses on adjoining sites.
SECTION 2. Amendment of Zoning Map.
Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended to rezone the certain property known as 2901-2905 Middlefield Road from PC -2343 to "PC- XXXX.” The subject property and revised zoning designation is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference.
SECTION 3. Development Plan
Those certain plans entitled PROPOSED PC AMENDMENT TO PC 2343, DATED 1967, a copy of which is attached hereto as Exhibit “B” and incorporated herein, are hereby approved as the Development Plan for the subject property.
SECTION 4. Uses.
(a) Permitted Uses. The permitted uses within the PC boundary shall be limited to a 12-unit apartment building: The existing apartment building shall remain on the 2901-2905 Middlefield site within the PC boundary. Covered and uncovered parking for the tenants shall be provided in accordance with Section 5(b) of this ordinance.
SECTION 5. Site Development Regulations.
(a) Compliance with Development Plan . All improvements and development shall be substantially in accordance with the Development Plan, except as modified herein. (i) A 42-inch-wide swath of asphalt paving shall be created alongside the northern edge of Ellsworth Place beginning at the Middlefield Road curb line and extending eastward approximately 37 feet to the location of an existing communications utility pole guy-wire, to increase the perceived width of Ellsworth Place. (ii) This additional paved area shall be maintained remain clear of obstructions. (iii) Prior to final inspection of any improvements on the site, Dewey property owner shall offer prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place.
(iv) Any exterior changes to the apartment building or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone or, if eligible, Architectural Review approval under Section 18.76 of the Palo Alto Municipal Code, as it is amended from time to time.
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(vi) The 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by new plants, fences, or other objects taller than 1 foot.
(vii) The property owner shall maintain vegetation at a height of 1 foot or less in the planter strip between the Middlefield Road curb and sidewalk.
(b) Parking and Loading Requirements.
(i) One c overed parking space shall be provided for each of the 12 residential apartments. In addition, four uncovered spaces and a truck delivery space shall be provided on the 2901-2905 Middlefield property, accessible from Ellsworth Place, as shown on the Development Plan.
(ii) A curbside loading zone 40 feet in length shall be designated on Sutter Avenue in front of 2901 Middlefield Road with signage and curb painting. (iii) Property owner shall install a sign restricting the length of delivery vehicles on Ellsworth Place to 24’ or shorter. The sign shall be placed above or below the existing “No Outlet” sign installed in the Middlefield Road right of way, between the sidewalk and the Ellsworth Parcel.
(iv) Property owner shall rest ripe the existing parking facility to assign three uncovered parking spaces to meet current code requirements for tenant parking. (v) To facilitate the provision of off- street parking space #16, property owner shall relocate the existing communications utility pole and install any improvements as required by the Director of Utilities and the Director of Planning and Development Services to comply with parking design and safety standards. (vi) Property owner shall be responsible for all costs associated with fulfilling the requirements of this paragraph.
(c) Trash Enclosures and Pickup. Trash enclosures and pickup shall be maintained with access from Sutter Avenue, and not from Ellsworth Place.
(d) Development Schedule. The parking lot re striping on 2901-2905 Middlefield Road shall be immediately implemented upon the effective date of this ordinance. Off-street parking space #16 shall be provided prior to issuance of building permits for the construction of the 702 Ellsworth Place residence. Construction of the improvements to Ellsworth Place the Middlefield Parcel shall be completed within twelve (12) months of the effective date of this ordinance.
(e) Minor Variations in Project . Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for architectural review. “Minor” changes do not include changes in land use.
SECTION 6. The City Council finds that this ordinance is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) because it can be seen with certainty that minor changes to the parking configuration at 2901 - 2905 Middlefield Road and construction of a single-family home pursuant to Ordinance No. XXXX will not result in a significant impact on the environment. The City Council finds that this Item 10
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ordinance is additional categorically exempt under Section 1530 1 of the CEQA Guidelines, as it involves only minor alterations to existing facilities.
SECTION 7. This ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
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ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Rezone the Property at 702 Ellsworth Place from Planned Community Ordinance 2343 (PC-2343) to Planned Community Ordinance XXXX (PC-XXXX).
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
(a) On February 2, 2023 , Dewey Land Company LLC (“Dewey”) and Handa Developer’s Group/RRP (“Handa”) applied to amend Planned Community Ordinance 2343 (“PC- 2343”) to apply solely to the property at 2901 -2905 Middlefield Road , APN 127 -35-194, (“Middlefield Parcel”) and rezone the property at 702 Ellsworth Place , APN 127- 35-152, (“Ellsworth Parcel”) from Planned Community to Single Family Residential (R-1).
(b) At a March 13, 2023 study session , the City Council considered the prescreening application and indicated the project applicants should proceed with a formal PC rezoning application to the Planning and Transportation Commission for a recommendation.
(c) On June 28, 2023, July 12, 2023, and August 9, 2023 the Palo Alto Planning and Transportation Commission (“PTC”) held a series of public hearings to consider the application.
The PTC recommended that PC -2343 be amended to remove the Ellsworth Parcel and to adopt two new PC ordinances to govern the Middlefield Parcel and Ellsworth Parcel, respectively, along with a corresponding amendment to Section 18.08.040 of the Palo Alto M unicipal Code (Zoning Map).
(d) The amendment recommended by the PTC would remove the approximately 6,493 square foot parcel currently owned by Handa at 702 Ellsworth from PC -2343 and redesignate it as a separate PC, for the purpose of constructing a single-story, single-family residence. The PTC recommended the following conditions:
(i) the development plan shall include a 2 ’6”-wide swath of pave ment alongside Ellsworth Place beginning at the Middlefield Road curb line and extending to the proposed walkway to the single -family residence to increase the width of Ellsworth Place,
(ii) the 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by new plants, fences, or other objects taller than 1 foot,
(iii) the 24-foot special setback from Middlefield Road shall be observed, (iv) the setback from the creek shall be determined by a slope stability analysis, (v) and a 6-foot setback shall apply to the rear property line, except with respect to a detached garage.
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(e) The PTC recommended concurrent adoption of a companion ordinance (Ordinance No.
XXXX) to reduce the area of the Planned Community PC -2343 from approximately 26,386 sf to approximately 19,893 square feet to encompass 2901 -2905 Middlefield Road, a 12 -unit apartment building currently owned by Dewey.
(f) The City Council held public hearings on September 18, 2023 and November 6, 2023 to consider the PTC’s recommendation and additional public input, and made further amendments to those recommendations regarding the width of Ellsworth Place and the sight triangle at the southeast corner of the intersection of Ellsworth Place and Middlefield Road, as set forth below.
(g) The Council, after due consideration of the PTC’s recommendations, finds:
(i) The site is so situated and the uses proposed for the site are of such characteristics that the application of general districts or combining zoning districts will not provide sufficient flexibility to allow the proposed development; the City's conventional zoning district RM20 would not permit the existing 12 unit structure on the proposed 0.46 acre site
(ii) Amendment to the existing Planned Community PC -2343 will provide public benefits expected to result from the Project, including expanded ingress and egress for the exist ing residences on Ellsworth Place through additional easements, that, when combined, would result in a 26-foot wide easement over the first 37 feet of Ellsworth Place, an additional 5- foot long by 3 0-inch wide easement on 702 Ellsworth Place , and the construction of an additional dwelling unit.
(iii) The Council further finds that the Project provides public benefits, as described above, that are of sufficient importance to make the Project, as a whole, one with reasonable public benefit.
(iv) The propos ed single -family residence is compatible with existing and potential uses on adjoining sites or within the general vicinity , which are typically single - family residences and one 12-unit apartment complex.
(v) The use permitted and the site development regulati ons are consistent with the following Palo Alto Comprehensive Plan policies and are , on balance consistent with the goals and purposes of the Comprehensive Plan:
Policy L-1.1 Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.
Policy L-1.2 Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts.
Policy L-1.3 Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures.
Policy L-1.4 Avoid negative impacts of basement construction for single -family homes on adjacent properties, public resources, and the natural environment.
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Policy L-1.5 Design buildings to complement streets and public spaces; to promote personal safety, public health and well -being; and to enhance a sense of community safety.
Policy L-1.6 Discourage the use of fences that obscure the view of the front of houses from the street. The use and improvements on the site are remaining unchanged from existing conditions, which are compatible with existing and potential uses on adjoining sites.
SECTION 2. Amendment of Zoning Map.
Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby amended to rezone the certain property known as 702 Ellsworth Plac e from PC -2343 to “ PC-XXXX.” The subject property and revised zoning des ignation is shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference.
SECTION 3. Development Plan
Those certain plans entitled Proposed Development Plan 702 Ellsworth , a copy of which is attached hereto as Exhibit “B” and incorporated herein, are hereby approved as the Development Plan for the subject property.
SECTION 4. Uses.
(a) Permitted Uses. The permitted uses within the PC boundary shall be limited to a single- family residence.
SECTION 5. Site Development Regulations.
(a) Compliance with Development Plan. All improvements and development shall be substantially in accordance with the Development Plan, except as modified herein. (i) Any exterior changes to the single-family residence or any new construction not specifically permitted by the Development Plan or by these site development regulations shall require an amendment to this Planned Community Zone or, if eligible, Architectural Review approval under Section 18.76 of the Palo Alto Municipal Code, as it is amended from time to time.
(ii) The development plan shall include a 2-foot, 6 -inch-wide swath of asphalt pavement alongside the southern edge of Ellsworth Place beginning at the Middlefield Road curb line and extending eastward approximately 42 feet to the proposed walkway to the single-family residence, to increase the perceived width of Ellsworth Place.
(iii) This additional paved area shall remain clear of obstructions. (iv) Prior to final inspections for any structure on the site, Handa shall offer prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place.
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(v) The sight triangle at the southeast corner of the intersection of Ellsworth Place and Middlefield Road shall extend to the southernmost corner of the property along Middlefield Road and shall not be obstructed by new impediments taller than 1 foot, except for the installation of a n additional sign stating “No Delivery Trucks Over 24’ long” below or above the existing ‘No Outlet’ sign located within the Middlefield Road right of way between the sidewalk and Handa’s property. (vi) The property owner shall maintain the vegetation in the Middlefield right of way planting strip between the curb and sidewalk at a height no taller than 1 foot. (vii) The 24-foot special setback from Middlefield Road shall be observed, (viii) The setback from the creek shall be determined by a slope stability analysis, but no less than 6 feet.
(ix) A 6-foot setback shall apply to the rear property line, except with respect to a detached garage
(b) Logistics Plan. A logistics plan shall be submitted for City approval prior to the issuance of a building permit for the construction of the new residence at 702 Ellsworth. The logistics plan shall address construction staging, construction worker parking, and material deliveries during site preparation and construction. It shall also include best practices for dust mitigation, stipulate permitted construction activities, hours and noise requirements, and include contact information for construction-related complaints. The property owner shall provide a $5,000 deposit to offset City’s enforcement costs reasonably incurred in responding to construction- related complaints that may arise from this project. If the deposit account balance falls to $1,000 or lower, t he deposit account balance shall be replenished to $5,000. Any funds remaining in the deposit account shall be refunded to property owner upon issuance of the certificate of occupancy for the residence.
(c) Development Schedule. Construction of the improvements to Ellsworth Place shall be completed within twelve (12 ) months of the effective date of this ordinance. Construction of other improvements shall be completed within twenty-four (24) months of the effective date of this ordinance.
(d) Minor Variations in Project . Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for architectural review. “Minor” changes do not include changes in land use.
SECTION 6. The City Council finds that this ordinance is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) because it can be seen with certainty that construction of a single -family home pursuant to will not result in a significant impact on the environment. The City Council finds that this ordinance is additionally categorically exempt under Section 15303 of the CEQA Guidelines, as it approves construction of a new single-family residence.
SECTION 7. This ordinance shall be effective on the thirty-first day after the date of its adoption.
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INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
Item 10
Attachment B - Planned
Community Ordinance for
702 Ellsworth Place
Item 10: Staff Report
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1 French, Amy
From: Nitin Handa <[email protected]>
Sent: Thursday, October 19, 2023 8:35 AM
To: Stone, Greer
Cc: Lait, Jonathan; Sauls, Garrett; French, Amy; Hayes, Ken Subject: 702 Ellsworth - Alternate Proposal
Attachments: Attachment 2.pdf; Attachment 1[1].pdf; attachment 3.pdf; Letter to Council from Nitin Handa re Fence Proposal.pdf
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Hello Honorable Vice Chair Stone,
Me and My wife are the owners of property at 702 Ellsworth Pl.
As you know, the council members were contemplating a few options on how to resolve the issue we all face with this property. We thought about those options and have drafted the attached proposal with 2 options to help things move forward.
See attached letter containing these 2 options along with Pictures supporting the same. We are agreeable to either of these 2 options.
PS ‐ This letter is being sent to all council members
Some people who received this message don't often get email from [email protected]. Learn why this is important Item 10
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Handa, owner for 702
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1 October 19, 2023
Mayor Kou and Members of the City Council
City of Palo Alto
[email protected]
Via Email
Re: 702 Ellsworth Place - November 6, 2023, Council Agenda Dear Mayor Kou and Members of the City Council:
My family and I plan to build our home on 702 Ellsworth Place. After five public hearings over eight months, including a City Council hearing on September 18, 2023, the City Council continued the matter to November 6th with a motion on the table that included reducing my front fence along Middlefield to just twelve inches high.
A twelve-inch high front yard fence on Middlefield Road is not really a fence that provides any security or privacy, especially given that the existing sidewalk is 6 inches higher than the proposed top of a 12 inch fence (set four feet back from sidewalk). I have a 4 year old son who can easily step out to Middlefield road from this short fence. Requiring a twelve inch fence also differs from other fences along Middlefield that are 36 inches.
The stated purpose of a twelve inch height limit was to avoid obstruction of sight lines exiting Ellsworth Place onto Middlefield. However, as shown in the enclosed photos (Attachment 1), a 36-inch high fence set four feet back from the edge of the sidewalk does not obstruct line of sight. This is supported by the Hexagon Transportation Consultants, Inc. memos dated April 14, 2023 and July 12, 2023 respectively, and was recommended by City staff, including Transportation Planning Manager Slyvia Star-Lack who elaborated on this recommendation at the July 12, 2023 Planning Commission meeting:
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2 Despite this, there was some discussion about line of sight issues at the September 18 Council meeting. In attempt to further address this while preserving some version of a 36 inch high fence, please consider the following two alternate proposals:
Alternate Proposal A:
Allow for a 36 inch high wrought iron fence with minimum 3 inch gapping (Picture Given Below) within the 35-foot site triangle along the Middlefield frontage, set back 4 feet from the back of sidewalk, in exchange for increasing the offered swath of pavement and easement offered to the neighbors fronting Ellsworth by one foot (from 18 inches wide to 30 inches wide) alongside Ellsworth Place beginning at the Middlefield Road curb line and extending approximately 42 feet to the proposed walkway to the single- family residence
Or
Alternate Proposal B:
Allow for a 36-inch high wrought iron fence with minimum 3 inch gapping (Picture Given Below) within the 35-foot site triangle along the Middlefield frontage, set back 4 feet from the back of sidewalk, with the requirement that this fence be angled as shown in Attachment 2. Photos of this mocked up fence design are included in Attachment 3.
Thank you for your consideration. Should you have any questions or wish to discuss I am more than happy to meet with any of you individually either in person at the site, or by zoom.
Sincerely,
Nitin Handa and Priyanka Handa
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3 Cc: Jonathan Lait, Planning Director
Amy French, Chief Planning Official
Garret Saul, Project Planner
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Views approaching stop sign: Man walking.
Views approaching stop sign: Woman on bike. ATTACHMENT 1 Item 10
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Photo showing angled 36” tall fence up close
Photo showing angled 36” tall fence from across drive ATTACHMENT 2 Item 10
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PP
S38°00'00"W 100.00'
S47°12'00"W 101.30'
S52°00'00"E 117.11'(T)
44.50'
100.00'
44.50'
56.42'
72.61'
42'-0"
10'-0"
SB
37'-9"
18"
LOT B
127-35-152
702 ELLSWORTH
REAR YARD
(E)
4 COVERED
PARKING
SPACES
ELLSW
ORTH PLACE
BLDG.
10' X 30'
SU-30
DELIVERY
SPACE
16 (E) AC
PAVING
EXISTING
LANDSCAPING
RELOCATE CABLE
BOX FOR UTILITY
PURPOSES
B.O. SIDEWALK
(E)
FIRE
HYDRANT
20'-0"
(E) EASEMENT
30"
37'-0"
24'-0"
EASEMENT OPTION
4'-0"
16'-0"
24'-0"
SSB
6'-0"
SB
14'-2"
8'-6"3'-0"
4'-0"
PAVERS
ZONE
10'-0"
6'-0"
4'-0"
RETURN
MIDDLE FIELD AVENUE 3' TALL
WROUGHT
IRON FENCE
35' SITE
TRIANGLE TYP.
(N) DRIVEWAY APRON
PER CITY STANDARD
(E) GROUND BRACE
TO BE RELOCATED
OR REMOVED BY CPA
UTILITIES.
GAS
METERS
CL
TO FIRST WIRE
ANCHOR
(N) BOLLARDS
AS NEEDED
B.O. SIDEWALK
FUTURE SINGLE
FAMILY HOME
FUTURE
DETACHED
GARAGE
ATTACHMENT 3 N
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Planning and Development Services
Meeting Date: November 6, 2023
Report #:2308-1916
TITLE
Information Item: Summary of Fiscal Year 2022-2023 Community Development Block Grant (CDBG) Program Accomplishments - Review of the Draft Consolidated Annual Performance and Evaluation Report (CAPER). CEQA Status – Not a Project
RECOMMENDATION
This is an informational report and no action is required.
EXECUTIVE SUMMARY
The City is required to report annually to U.S. Department of Housing and Urban Development (HUD) the accomplishments for its Community Development Block Grant (CDBG) program. This report, the Consolidated Annual Performance and Evaluation Report (CAPER), summarizes the City’s CDBG accomplishments and expenditures for the Program Year/Fiscal Year 2022-2023 CDBG funding cycle. The City funded a total of seven projects that are summarized below.
The City conducted a public hearing with the Human Relations Commission on September 14, 2023 to allow for public review and discussion of the CAPER (Attachment A). The report was submitted to HUD by the September 29, 2023 deadline.
BACKGROUND
The City of Palo Alto receives funds annually from HUD as an entitlement city under the CDBG program. As a recipient of CDBG funds, the City is required to prepare a CAPER at the end of each fiscal year. The CAPER describes the City’s progress implementing the activities identified in the 2022-2023 Annual Action Plan 1 and the goals and objectives of the 2020-2025 Consolidated Plan.2
1 Annual Action Plan: An annual report listing the activities the City intends to undertake with CDBG funds to address the needs and implement the strategies identified in the Consolidated Plan. 2 Consolidated Plan (Con Plan): A five-year strategic plan that addresses the housing and non-housing community development needs of lower income persons and establishes annual goals and objectives to meet the identified needs.
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The HRC reviewed the CAPER report on September 14, 2023 and briefly discussed the findings and asked a few clarifying questions. The HRC did not provide any substantive comments on the CAPER. Additionally, there were no members of the public that spoke to this item.
ANALYSIS
During FY 2022-2023, the City’s CDBG subrecipients continued to provide vital services to extremely low, very low, low, and moderate-income households while addressing the priorities and needs of the community and the City’s funding priorities. The City has achieved a number of goals as outlined in the 2022-2023 Annual Action Plan (AAP) through CDBG funding.
A total of $620,468 was available for CDBG projects and programs during the 2022-23 program year. The City received $513,168 from the federal CDBG program and approximately $107,300 in program income. Through CDBG funds, 310 persons were assisted in this program year. Of those, 275 were extremely low-income, 23 were low-income and 12 were moderate-income.
CDBG CARES-Act (CDBG-CV) funds were available in FY 2022-23 and utilized for planning and administrative services to continue providing assistance to homeless providers in regard to their CV contracts, scope of work and the required substantial amendment processes. The number of persons assisted through CDBG-CV funds will be reported in next year’s FY 2023-24 CAPER.
The draft 2022-2023 CAPER (Attachment A) provides a detailed description of the programs and project accomplishments. The major accomplishments include the following:
1.Catholic Charities assisted mostly low- and moderate-income (LMI) elderly residents through the Long-Term Care Ombudsman Program at the Palo Alto long-term care facilities that mainly serve low-income residents. Additionally, the Long-Term Care Ombudsman Program resolved complaints made by, or on behalf of, low-income elderly residents of the facilities. [Goal: Assist 50 individuals; Actual: 62 individuals]
2.Alta Housing had on-site counseling services available to the residents of the 131 units of the Single-Room Occupancy (SRO) Resident Support Program at Alma Place (25 units) and Barker Hotel (106 units). [Goal: Assist 50; Actual: 148 individuals]
3.LifeMoves, at the Opportunity Services Center, provided case management services, including assistance with housing and job searches, referrals, and mentoring homeless and/or very low-income Palo Alto residents. [Goal: Assist 30 individuals; Actual: 49 individuals]
4.Project Sentinel assisted LMI individuals in investigating their fair housing complaints, as well as provided individual consultation relating to specific fair housing questions. The outreach goal was 100 individuals, and the case management goal was 15 LMI individuals.
Project Sentinel completed outreach to 779 residents who received fair housing mailers, and provided case management to 22 LMI residents. [Goal 1: Outreach 100 individuals; Actual 779 individuals] [Goal 2: Assist 15 LMI individuals; Actual 22 LMI individuals] Item 11
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5.Silicon Valley Independent Living Center (SVILC) (Housing and Emergency Services) assisted adults with disabilities in developing an independent living plan for housing that resulted in improved accessibility to decent, affordable housing. [Goal: Assist 24 individuals; Actual: 24 individuals]
6.Rebuilding Together Peninsula (Safe at Home) assisted income-qualified owner-occupied households with home rehabilitation. [Goal: Assist 4 households; Actual: 5 households]
7.525 E. Charleston Road Eden Housing requested funds for public facilities improvements adjacent to its proposed 50-unit affordable housing development. Approximately half the units are for persons with disabilities. [Goal: Assist 355 individuals; Actual: 0 individuals]
Michell Park Place/525 E. Charleston Road affordable housing project’s tax credit application (LIHTC) was recently approved and construction is targeted to commence in early 2024.
TIMELINE
As required by HUD, the FY 2022-23 CAPER was submitted by the September 28th deadline.
FISCAL/RESOURCE IMPACT
This informational report has no fiscal impact.
STAKEHOLDER ENGAGEMENT
An advertisement was published in The Daily Post on August 28, 2023 announcing the availability of the draft CAPER for public review and comment. The draft CAPER was posted on the City’s CDBG webpage (https://www.cityofpaloalto.org/cdbg) from August 30, 2023 through September 13, 2023, meeting the 15-day public comment period requirement. The Human Relations Commission held a public hearing on September 14, 2023, to discuss the CAPER and provide the public the opportunity to comment; the meeting fulfills the public hearing requirement for the CAPER. There were no public comments made during the hearing and the HRC did not provide comments necessitating changes to the contents and or metrics of the CAPER Report.
ENVIRONMENTAL REVIEW
Council action on this item is not a considered a project as defined by CEQA because the Consolidated Annual Performance and Evaluation Report is for informational purposes only with no action required by the Council.
ATTACHMENTS
Attachment A: FY 2022-2023 Palo Alto CAPER Report
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 11
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Draft September 28, 2023
DRAFT
2022-2023
Consolidated Annual Performance and
Evaluation Report
(CAPER)
PUBLIC COMMENT PERIOD
AUGUST 30, 2023 – SEPTEMBER 13, 2023
SUBMITTED TO HOUSING AND URBAN DEVELOPMENT (HUD)
SEPTEMBER 28, 2023
ADMINISTERED BY: PLANNING AND DEVELOPMENT SERVICES
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PROGRAM YEAR 2022-23 PALO ALTO CAPER- DRAFT 2
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the progr am year.
Below, as shown in Table 1 - City of Palo Alto's accomplishments for the Program Year & Strategic Plan to date . The description illustrates the strides made toward fulfilling the objectives outlined in the strategic and annual action plans . Throughout the FY2022- 23 Program Year, the City successfully attained a significant portion of its yearly objectives and is progressing well toward accomplishing the overarching five -year goals specified in the Consolidated Plan. This includes the Substantial Amendment to the FY2022-2023 Annual Action Plan.
The major accomplishments include the following for FY2022-2023:
1. Catholic Charities assisted mostly low- and moderate-income (LMI) elderly residents through the Long-Term Care Ombudsman Program at the Palo Alto long -term care facilities that mainly serve low -income residents. Additionally, the Long -Term Care Ombudsman Program resolved complaints made by, or on behalf of, low-income elderly residents of the facilities. [Goal: Assist 50 individuals; Actual 62 individuals]
2. Alta Housing had on-site counseling services available to the residents of the 131 units of the Single -Room Occupancy (SRO) Resident Support Program at Alma Place (25 units) and Barker Hotel (106 units). [Goal: Assist 50; Actual 148 individuals]
3. LifeMoves, at the Opportunity Services Center, provided case management services, including assistance with housing and job searches, referrals, and mentoring homeless and/or very low-income Palo Alto residents. [Goal: Assist 30 individuals; Actual 49 individuals]
4. Project Sentinel assisted LMI individuals in investigating their fair housing complaints , as well as received ind ividual consultation relating to specific fair housing questions . The outreach goal was based on 100 individuals and the case management goal was 15 LMI individuals. Actual reports revealed the following : outreach was provided to 779 residents receiving fair housing mailers of which 33 residents received direct outreach , case management assisted 22 LMI residents. It must be noted, all fair housing activities must meet HUD’s national objective of assisting LMI residents. Table One of this CAPER Item 11
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PROGRAM YEAR 2022-23 PALO ALTO CAPER- DRAFT 3
reflects LMI accomplishments of the 22 LMI individuals who received case management and fair housing consolation. [Goal 1:
Assist 100 individuals; Actual 779 individuals] [Goal 2: Assist 15 LMI individuals; Actual 22 LMI individuals]
5. Silicon Valley Independent Living Center (SVILC) (Housing and Emergency Services) assisted adults with disabilities in developing an independent living plan for housing that resulted in improved accessibility to decent, affordable housing. [Goal:
Assist 24 individuals; Actual 24 individuals]
6. Rebuilding Together Peninsula (Safe at Home) assisted income -qualified owner- occupied households with home rehabilitation. [Goal: Assist 4 households; Actual 5 households]
7. 525 E. Charleston Road Eden Housing requested funds for public facilities improvements adjacent to its proposed 50 -unit affordable housing development. Approximately half the units are for persons wit h disabilities. [Goal: Assist 355 individuals; Actual 0 individuals]
Michell Park Place/525 E. Charleston Road affordable housing project’s tax credit application (LIHTC) was recently approved and construction is targeted to commence in early 2024.
Other CDBG Program Updates
A total of $620,468 was available for CDBG funding projects and programs during the 2022 -23 program year. The City received $513,168 from the federal CDBG program and approximately $107,300 in program income. Through CDBG funds 310 persons were assisted in this program year. Of the 310 persons, 275 were extremely low -income, 23 were low -income and 12 were moderate - income of the total.
CDBG CARES-Act (CDBG-CV) funds were available in FY 2022 -23. CDBG-CV funds were utilized in FY 2022 -23 for planning and administrative services in order to continue to provide assistance to homeless providers in regards to their CV contracts, scope of work and the required substantial amendment processes. The number of persons assisted through CDBG-CV funds will be reported in next year’s FY 2023-24 CAPER.
FY2022 Annual Action Plan Substantial Amendment
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PROGRAM YEAR 2022-23 PALO ALTO CAPER- DRAFT 4
The approved FY2022-23 AAP included funding of $356,330 for the Mitchell Park Place/525 E. Charleston Road project. CDBG funding was to be allocated for predevelopment costs associated with an affordable housing development. This activity supports affordable housing development at a Santa Clara County -owned property; Eden Housing will develop 50 affordable hous ing units, half of which are for people with disabilities. As the property owner, the County plans to execute a long -term lease with the developer, Eden Housing. In late Summer 2022, the City was informed by HUD that the Mitchell Park Place project descrip tion was incorrectly represented in the FY2022-23 Annual Action Plan. A substantial amendment is needed to amend section AP -38 Project Summary description of the FY2022-23 Annual Action Plan.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
*Percent
Complete
Expected –
Program
Year
Actual –
Program
Year
*Percent
Complete
Affordable
Housing
Affordable
Housing
CDBG:
$900,000
Rental units
rehabilitated
Household
Housing
Unit
107 0 0.00% n/a n/a n/a
Homeowner Housing
Rehabilitated
Household
Housing
Unit
40 11 27.50% 4 5 125%
Economic
Development
Non-Housing
Community
Development
CDBG:
$900,000
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 0 0 0.00%
n/a n/a n/a
Homeless Person
Overnight Shelter
Persons
Assisted 0 0 0.00% n/a n/a n/a
Jobs created/retained Jobs 150 28 18.67% n/a n/a n/a
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PROGRAM YEAR 2022-23 PALO ALTO CAPER- DRAFT 5
Fair Housing
Non-Housing
Community
Development
CDBG:
$150,000
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 75 63 84% 15 22 146.67% Homelessness
Homeless
CDBG:
$240,000
/
CDBG-CV:
$294,000
(CDBG-CV
funds were
not utilized
in FY2022-
2023 in a
matter that
would
contribute
to the
Actual # of
each unit
measured.
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 850 577 67.90% 161 148 92.00%
Tenant-based rental
assistance / Rapid
Rehousing
Households
Assisted 60 54 90.00% n/a n/a n/a
Homeless Person
Overnight Shelter
Persons
Assisted 100 43 43.00% 30 49 163%
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 0 0 0.00% n/a n/a n/a
Homelessness
Prevention
Persons
Assisted 0 0 0.00% n/a n/a n/a
Strengthen
Neighborhoods
Non-
Homeless
Special Needs
Non-Housing
Community
Development
CDBG:
$120,000
Public Facility or
Infrastructure Activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 1200 0 0.00% n/a n/a n/a
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 1345 1636 121.6% 77 62 80.50%
Homeless Person
Overnight Shelter
Persons
Assisted 0 0 0.00% n/a n/a n/a
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PROGRAM YEAR 2022-23 PALO ALTO CAPER- DRAFT 6
*IDIS (Integrated Disbursement and Information System) automatically rounds percentages to the nearest whole number: rounding up if the decimal portion is 0.50 or greater and rounds down if it’s less than 0.50. Table 1 reports on precise percentages.
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PROGRAM YEAR 2022-23 PALO ALTO CAPER- DRAFT 7
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
Throughout Program Year 2022-23, the subrecipients of the City's Community Development Block Grant (CDBG) persistently delivered essential services to households belonging to extremely low, very low, low, and moderate income brackets. Simultaneously, the y tackled the priorities and needs of the community, as outlined in the City's officially adopted 2020-25 Consolidated Plan.
The City has achieved a number of goals as outlined in the 2022 -2023 Annual Action Plan (AAP) through CDBG funding. A total of $620,468 is available for funding projects and programs during the 2022 -2023 Program Year. The City received $513,168 from the federal CDBG program, approximately $107,300 in program income. At the time of this report, the City has spent approximately $223,052.67.
Through CDBG funds, in total, 310 persons were assisted in this program year. Of the 310 persons, 275 were extremely low -income, 23 were low-income and 12 were moderate-income of the total.
W
ith the CDBG annual formula grant, Catholic Charities, through the Ombudsman Program, as sisted 62 senior residents through visitation, resolved complaints, phone outreach at the local long -t erm facilities, and LifeMoves, at the Opportunity Services Center, provided case management services, including assistance with housing and job searches to 49 homeless/very low-i ncome community
residents. Project Sentinel provided fair housing and tenant/landlord mediation services to 22 local residents. Additionally, through the CDBG funds, Alta Housing was able to offer on
-s
ite counseling services to 148 residents of the Single -Room Occupancy (SRO) Resident Support Program. Additionally, Rebuilding Together Peninsula was able to assist 5 households with home rehabilitatio n to help assist in the City’s goal of affordable housing.
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PROGRAM YEAR 2022-23 PALO ALTO CAPER- DRAFT 8
CR-10 – Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White: 183
Black/African American: 60
Asian: 31
American Indian/Alaskan Native: 4
Native Hawaiian/Other Pacific Islander: 0
American Indian/Alaskan Native & White: 1
Asian White: 4
Black/African American & White: 0
American Indian/Alaskan Native & Black/African
American: 1
Other multi-racial: 24
Asian/Pacific Islander: 0
Total 310
Hispanic 56
Not Hispanic 254
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
Table 2 shows the racial and ethnic categories of total individuals served in F Y2022-23 through CDBG funds. Total number (310) does not include individuals assisted through the CDBG -CV related activities. CDBG-CV related activities requested expansion to their contracts. This will be reported in the following year’s CAPER. In total, the City’s CDBG program served 310 individuals in FY2022-23. Of those individuals, approximately 59% were White; 19% were African American; 5% were Asian; less than 1% were either American Indian/American Native, American Indian/Alaskan Native and Black, American Indian/Alaskan Native and White, Asian White, American Indian/Alaskan Native & Black/African American. 7% of individuals reported as “Other.”
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PROGRAM YEAR 2022-23 PALO ALTO CAPER- DRAFT 9
CR-15 – Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public – federal 620,468 223,052.67
Other public – federal 0 0
Table 3 – Resources Made Available
Narrative
Except for one CDBG activity, 525 E. Charleston Road, nearly all of the City’s CDBG subrecipients effectively utilized their grant funds during FY2022-23.
• 525 E. Charleston Ro ad bidding for the CDBG -funded public facilities improvements section of the project is anticipated in the F all of 2023, while construction is planned to commence in early 2024.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
N/A
Table 4 – Identify the geographic distribution and location of investments
Narrative
The City’s approach to housing assistance encompasses all forms of housing support, aligning with the principles outlined in the Comprehensive Plan. In Palo Alto, housing activ ities are not confined to specific target areas; instead, the city strives to offer affordable housing options to individuals with lower incomes across the entire municipality. Minority concentration pertains to locales within the city where there is a not able concentration of racial and ethnic minority populations, surpassing 10% in comparison to their citywide representation.
Only a few areas are considered to have a concentration of minority populations or low -income residents in Palo Alto. The CDBG Program defines low-income concentration as any census block group where 51% or more residents earn 80% of Median Family Income ( MFI) or less. An exception exists for a jurisdiction with no areas meeting this definition, such as Palo Alto, which includes the highest quartile of all areas in the City in terms of degree of concentration, is used.
Palo Alto currently has 5 census block groups that are designated as upper quartile tracks with and LMI% > 32.26% qualifying activities under the low- and moderate-income (LMI) area benefit category.
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PROGRAM YEAR 2022-23 PALO ALTO CAPER- DRAFT 10
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Palo Alto (P.A.) leverages Fed., state, & private housing funds in alignment with goals outlined in 2020-2025 Consolidated Plan. The city actively encourages non -profit organizations to pursue various avenues of funding, spanning local, state, & Fed. resources, to support both housing and non-housing community development activities.
HUMAN SERVICES RESOURCES ALLOCATION PROCESS (HSRAP):In FY2022 -23, the City allocated $622,377 from its General Funds to address primary human service needs in the community.
These funds support initiatives, guided by the Human Relations Commission's priority needs & administered by the Office of Human Services and fund: the Commercial Housing Fund & the Residential Housing Fund.
LOCAL HOUSING TRUST FUND (LHTF): In FY 2022-23, the Palo Alto received a $3.4 million to use as local matching funds toward the production of rental housing units at affordability levels. 70% of funds target housing units for residents with incomes at or below 60% of AMI and 30% of funds targeting housing units for residents with incomes at or below 30% AMI.
PERMANENT LOCAL HOUSING ALLOCATION (PLHA): Palo Alto receives an annual allocation of an estimated $1.3M from the PHLA to assist persons experiencing or at risk of homelessness, including:(a) Outreach & services to those experiencing homelessness, (b)Operating expenses for the forthcoming Homekey shelter, & Affordable housing rental unit preservation, new construction, & operating subsidies.
HOMEKEY: Palo Alto and LifeMoves receive Homekey funds supporting homeless individuals. The Homekey program is made up of several funding sources including: local, county and state contributions as well as Sobrato Philanthropies . The project is to build a new modular interim housing shelter near the Palo Alto Baylands, that will house over 200 individuals annually.
HOMEKEY funs leverage additional funds to cover expenses beyond what federal funds can cover such as pre-development costs, feasibility studies, site acquisition, and other similar activities.
525 EAST CHARLESTON ROAD (Mitchell Park Pla ce): The County currently owns the property located on 525 E. Charleston Road to be developed by an affordable housing developer. The County will extend a long -term lease with the developer. The City intends to use CDBG funding for public facilities improvements near the proposed Mitchell Park Place affordable housing site.
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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate- income, and middle-income persons served.
One-Year Goal Actual
Number of homeless households to be
provided affordable housing units
0 0
Number of non -homeless households
to be provided affordable housing units
0 0
Number of special-needs households to
be provided affordable housing units
4 5
Total 4 5
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported
through rental assistance
0 0
Number of households supported
through the production of new units
0 0
Number of households supported
through the rehab of existing units
4 5
Number of households supported
through the acquisition of existing units
0 0
Total 4 5
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City continued its partnership with Rebuilding Together Peninsula through its Safe at Home Program. The Program helps preserve affordable housing by transforming homes through critical repairs and accessibility modifications at no cost to the recipient. Those served include LMI homeowners that are elderly and/or are people with disabilities, who are physically and financially unable to maintain safe living conditions for themselves and their families. The City exceeded its goal of assisting 4 households due to efficient use of its $73,135 in program funds for the year.
Discuss how these outcomes will impact future annual action plans.
The success of the program has dated back to last year, when it achieved its goal of 6 households supported. The repeat success shows that there is a continued demand for rehabilitation for LMI families, and effective systems in place to implement improvements. Future plans will look to build upon these consecutive suc cesses. The organization has continued to provide essential Item 11
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services to residents and this partnership will continue to support the affordable housing goals contained in both the Consolidated Plan and Action Plans.
Include the number of extremely low -income, low -income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 2 0
Low-income 3 0
Moderate-income 0 0
Total 5 0
Table 7 – Number of Households Served
Palo Alto's Subrecipient Rebuilding Together only serves low to moderate households.
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Addressing homelessness and striving to provide services for the unhoused in Palo Alto has been an enduring local commitment. The continuing impact of the COVID-19 pandemic has heightened challenges for individuals and households, leading to an upsurge in homelessness. This, in turn, has prompted service providers to seek innovative ways of delivering assistance, reinforcing the pertinence of this issue.
In
2022, The County was unable to complete a count on time in FY 2021- 22, due to COVID -19
.
The Point-in-Time Count was completed in 2022, the County was working to finalize the 2022 numbers at the time of FY2021-22 CAPER reporting. The Point-in-Time Count that was completed in 2022 showed 274 Total Unhoused in Palo Alto (263 unsheltered and 11 sheltered) which is a decrease from 2019, when the count was 313. The 2023 Point-in-Time Count that was completed in 2023 showed 206 Total Unhoused in Palo Alto (187 unsheltered and 19 sheltered) which is a decrease from 2022. While homelessness is still a concern, this data shows that initiatives have been successful in making improvements. During the Point- in-Time count, surveys are administered to gather information and assess needs for the population.
T
he City of Palo Alto provides funding for unhoused services and homelessness prevention via three primary funding channels: HSRAP, CDBG, and the Emerging Needs Fund. Broadly financial support for the homeless and those most at risk of homelessness is directed toward service provision and homeless prevention.
Unhoused services include workforce development, basic needs stipends for work experience, food, seasonal homeless shelter, school supplies for homeless children, case management, tele- medicine equipment, and shower/laundry services.
Homelessness Prevention support includes provision of emergency rent and utility funding assistance through LifeMoves and Silicon Valley Independent Living Center. LifeMoves – Opportunity Center is designated by the County as the Emergency Assistance Network Agency for financial assistance for Palo Alto. The Opportunity Services Center (OSC) in Palo Alto exclusively serves homeless individuals. LifeMoves at the OSC provides intake services to all the clients they serve to assess their needs and provide the appropriate resources and referrals. They also provide basic need services such as access to restrooms, showers, laundry, used clothing, hygiene supplies, health care, mail/telephone services, food, transportation assistance, information and referral services, counseling, and other critical services . Through support from CDBG and funding from the County’s office of supportive housing, in FY2022-23, they have served 49 unduplicated individuals.
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Palo Alto will continue to explore its funding strategy and collaborate with other South County cities to ensure that limited federal and local resources are targeted to pressing community needs such as homelessness.
Addressing the emergency shelter and transitional housing needs of homeless persons The following activity received funding from the City of Palo Alto to provide emergency shelter and/or transitional housing for homeless persons.
LifeMoves – Hotel De Zink, funded by CDBG with an amount of $26,660, has significantly extended its operational hours, thereby providing enhanced support to Pa lo Alto's homeless community. This extension has granted vulnerable clients more time within a secure and nurturing environment, ensuring they receive the critical assistance they require. The prolonged hours of operation and improved communication facilitated by electronic signage are attributed to the effective prevention of a widespread COVID-19 outbreak within the Opportunity Services Center and Hotel De Zink emergency shelter. Continuation of these extended hours remains a priority for the organization. During this year, the program funds facilitated services to 49 individuals.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The following agencies received funding from the City of Palo Alto to help low-income individuals and families avoid becoming homeless.
Alta Housing; CDBG $22,413: Alta Housing had on-site counseling services available to residents of the 131 units of the Single -Room Occupancy (SRO) Resident Support Program at Alma Place and Barker Hotel. Majority of the residents are low -income, disabled, elderly, veterans, and formerly homeless adults. Many residents have difficulty managing daily living skills, such as managing finances, maintaining their health (mental and physical) and apartments, and getting along with others. Without onsite support, such issues can become so severe that tenants risk losing their housing. Case management was provided to 1 48 residents this year using program funds.
LifeMoves, Case Management; CDBG $ 26,660: The organization provided case management service including assistance with housing and job searches, referrals, and mentoring to 49 unduplicated homeless and/or very low-income Palo Alto residents.
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Silicon Valley Independent Living Center; Rental Assistance Program; CDBG $14,021: Through this grant, the organization was able to address rent increases, utility payments, emergency situations, and other market forces for 24 residents. The target population of this activity were lower income (80% or less AMI) residents with disabilities, veterans, and older adults, aged 55 and over.
The City follows the guidance of Santa Clara County's CoC as it relates to individuals who may be discharged from publicly funded institutions and systems of care. The Santa Clara County's CoC has developed the Santa Clara County Countywide Quality Assurance Standards for Homeless Housing & Service Programs (2021). The document was developed wit h the expectation of providing quality, standardized services to persons who have become homeless to facilitate their successful re-entry back into their communities. As a member of the CoC, the City of Palo Alto will be following the standards in the documents.
Helping homeless perso ns (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The following agencies received funding from the City of Palo Alto to help homeless persons make the transition to permanent housing and independent living.
Silicon Valley Independent Living Center; Case Management; CDBG $14,021: SVILC is highly recognized for its Housing Workshops. The Housing Workshops cover many important topics such as: credit readiness and credit repair; types of low -income housing and el igibility; application and interview preparation; tenant and landlord rights and responsibilities; fair housing and home modifications laws and resources; security deposit and rental assistance programs; long term services and supports. Through the F Y2022-23 CDBG funding, 24 unduplicated Palo Alto residents with disabilities received one-on-one assistance and developed an independent living plan for housing which resulted in improved accessibility to decent affordable housing.
Project Sentinel; Fair Housing Services; CDBG $ 19,976 & $13,722 for Administration (Total Funded amount of $33,698). Project Sentinel provided community education and outreach regarding fair housing law and practices, investigation, counseling, and legal referral for victims of housing discrimination. In total, 22 LMI residents were provided individual case management and consultation relating to specific fair housing questions.
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
Not applicable. The Housing Authority of the County of Santa Clara (HACSC) does not operate in Palo Alto.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
While the majority of the ir units have been converted to affordable housing stock, HACSC is proactive in incorporating resident input into the agency’s policy -making process. An equitable and transparent policy -making process that includes the opinions of residents is achieved through the involvement of two tenant commissioners, one being a senior citizen, on the HACSC board.
Actions taken to provide assistance to troubled PHAs
Not Applicable.
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Palo Alto recently adopted the 2023-2031 Housing Element in May 2023. The Housing Element includes many programs to tackle impediments to affordable housing development.
Programs include modi fications to existing zoning to allow for denser development, further streamlining the development review process, provisions of development standards that incentivize housing production, and reevaluation of fees to support development, to name a few.
Housing Trust Silicon Valley (Housing Trust): Originally known as the Housing Trust Fund of Santa Clara County (HTSCC), the Housing Trust was established to provide available financial resources targeted at bridging the affordable housing gap within the County. Its overarching mission is to contribute to rendering Silicon Valley a more financially accessible place to reside. The Housing Trust achieves this by disbursing loans and grants to increase the affordable housing supply, supporting first -time homebuyers, forestalling homelessness, and enhancing community stability. Palo Alto was one of the founding contributors to this initiative and has maintained a consistent commitment to fund allocation. Notably, a provision was introduced to e nsure that the funds allocated by the City are exclusively channeled towards qualifying affordable housing projects situated within Palo Alto's municipal boundaries.
Development Impact Fees for Housing: The City's development impact fees encompass four distinct categories: Housing, Traffic, Community Facilities, and Parkland Dedication. These fees result from comprehensive Nexus Studies undertaken for both Residential and Commercial Development. The outcomes of these studies laid the groundwork for revised fees associated with residential and non- residential housing, which became effective on June 19, 2017. The housing impact fees are subjected to annual updates. As sta ted above, the current fees being charged will be evaluated and modified to levels that are more appropriate to support rather than prohibit housing development.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City's CDBG program demonstrates a committed effort to collaborate with various funding entities, aiming to maximize the impact of each dollar invested. This endeavor is realized through strategic collaborations with other municipal resources , such as HSRAP, enabling the pooling of funds designated for site acquisition in low- income housing alongside diverse funding sources.
However, Palo Alto faces challenges in fully addressing barriers that impede the fulfillment of underserved needs, primarily due to the dwindling availability of CDBG funds over the past years.
To mitigate this limitation, the City undertakes measures to supplement its CDBG funding with other resources and funds, which include:
• During FY2022-23, the City’s Human Service Re source Allocation Process (HSRAP) provided approximately $622,377 from the General Fund in support of human services.
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The HSRAP funds, when coupled with the CDBG public service funds, are allocated to local non-profit organizations.
• The Palo Alto Commercial Housing Fund is used primarily to increase the number of new affordable housing units for Palo Alto’s work force. It is funded with mitigation fees required from developers of commercial and industrial projects; • Palo Alto Residential Housing Fund is derived from mitigation fees collected through Palo Alto's BMR housing program from residential developers and various other miscellaneous sources. These diverse sources include proceeds generated from the sale or leasing of City property.
• The City established the Below Market Rate Emergency Fund to offer continuous funding for loans to BMR owners, encompassing special assessment loans, as well as supporting the restoration and safeguarding of the City's collection of BMR ownership units. • Annually, the HOME Program funds are made accessible through a competitive selection process administered by the State of California HOME program and the County’s HOME Consortium.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead exposure can inflict enduring damage upon the brain and various organs, ultimately leading to diminished cognitive and behavioral challenges, especially among young children. As of August 2023, an estimated 500,000 children below the age of six in the United States exhibit elevated lead levels in their bloodstream, surpassing the threshold set by the Centers for Disease Control and Prevention (CDC) for concern. A significant portion of these children hails from low -income families, residing in aged residences marked by substantial concentrations of lead- based paint and lead-contaminated dust and soil in their surroundings.
The housing and CDBG staff of the City is actively engaged in disseminating information and making referrals to property owners, developers, and non -profit organizations engaged in the restoration of
older housing, particularly concerning hazards linked to lead-based paint (LBP). In line with this, any dwelling slated for rehabilitation aided by City financial support is subjected to an assessment for the presence of LBP hazards. The City extends financial support for mitigating LBP hazards in rehabilitate d units with City funding. Additionally, the City enforces contractor training and certification to mitigate the potential use of LBP in the construction of 40 new units.
All development and rehabilitation projects must be evaluated according to HUD’s Lead Safe mitigating LBP hazards in rehabilitated units Housing Rule 24 CFR Part 35.[1].
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) As part of its ongoing commitment to poverty reduction, the City prioritized allocating funds to agencies offering direct support to individuals experiencing homelessness or those at risk of becoming homeless. During the program year F Y2022-23, the highlighted programs encompassed the following:
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Through the Ombudsman Program, Catholic Charities of Santa Clara County assisted 62 senior residents with resolved complaints made by, or on behalf of, low -income elderly facility residents.
L
ifeMoves, at the Opportunity Services Center, provided case management services, including assistance with housing and job searches to 49 homeless/very low-in come community residents
LifeMoves provides necessities for persons who are homeless or at risk o f becoming homeless.
The Opportunity Services Center is a comprehensive, one-s top, multi
-s
ervice, day drop-i
n center
that provides critical services for homeless Palo Alto residents. Specifically, the facility provides showers, laundry, clothing, snacks, case management, and shelter/housing referral services. As mentioned previously, the City provided LifeMoves with $26,660 in CDBG funds in F Y2022-23.
During the fiscal year 49 homeless and/or very low -in
come Palo Alto residents received case
management services, including assistance with housing/job search, referral, and mentoring.
Alt
a Housing provided counseling and supportive case management services for low -i ncome
residents of single-ro
om occupancy facilities to help them maintain housing stability. Ac tivities included financial counseling, health maintenance, information and referral, problem solving, employment assistance, crisis intervention, and case management. Alta Housing was able to provide services to 148 individuals.
A
ctions taken to develop institutional structure. 91.220(k); 91.320(j) The City is actively working towards enhancing collaboration between governmental bodies and private sector entities to harness collective endeavors, pool resources, and cultivate fresh avenues of reven ue to address community service requirements and foster affordable housing creation. This collaborative approach encompasses several key initiatives:
• Holding regular meetings among entitlement jurisdictions through the CDBG Coordinators.
• Participation in meetings of the Regional Housing Working Group. • Engaging in joint jurisdiction Request for Proposals and project review committees. • Coordinating project management for initiatives funded by multiple jurisdictions. • Participating in HOME Consortium meetings among member jurisdictions to discuss affordable housing projects
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City benefits from a strong housing and community development partner network within its jurisdiction and the wider region. Collaborative relationships with organizations such as the County and the Continuum of Care (CoC) further strengthen this network. To foster increased collaboration between public and private sectors, the City actively partners with local jurisdictions and developers, facilitating the exchange of knowledge and resources. In addition to the strategies mentioned above, the City remains dedicated to harmonizing its goals with its HSRAP funding initiatives, ensuring a comprehensive approach to meeting community needs.
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Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City is committed to actively promoting fair housing in accordance with the adopted Analysis of Impediments. The subsequent enumeration outlines the measures undertaken to advance fair housing:
• The City's 2023-2031 Housing Element includes programs to address affirmatively further fair housing (AFFH). These include outreach/education services, continue to enforce the Below Market Rate (BMR) program that provides more affordable units, expands housing services, and implement more renter protections.
• A significant portion of the City's local housing funds were allocated towards augmenting and conserving the inventory of affordable housing.
• The Office of Human Services held regular meetings with the County of Santa Clara Housing Authority to facilitate the placement of homeless individuals utilizing Section 8 vouchers.
• Affordable housing information and referral services were provided by the Office of Human Services;
•
In a joint effort with the County of Santa Clara and Cities, the City adopted its updated Assessment of Fair Housing (AFH) Plan in May 2023. During FY2022-23, the City continued to support actions to affirmatively further fair housing choice through a subr ecipient agreement with Project Sentinel, a non
-pr
ofit organization dedicated to assisting
individuals with housing problems. Project Sentinel exceeded their goal of 15 individuals served through case management. They served 22 LMI individuals via case management.
They updated their fair housing manual for housing providers and is readily available on their website.
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City remains actively engaged in overseeing all subrecipients and projects to ensure their adherence to program and comprehensive planning requirements. This monitoring process encompasses the review of quarterly performance reports, reimbursement requests, submitted supporting documentation, and agency audit reports. Biennial desk-site monitoring is conducted for all CDBG subrecipients, involving assessing client files, project objectives, compliance with agreements, administrative and financial management, and internal controls. For the program year 2022-23, the City foresees completing the monitoring process in the spring of 2024. The City also plans to conduct risk assessments for all subgrantees, including those receiving funding.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The 2022- 23 Draft CAPER was made available on the City website (https://www.cityofpaloalto.org/CDBG
) for the required 15 -day public comment period from
August 30th through September 13, 2023. An advertisement was placed in The Daily Post, a newspaper of general circulation, on August 28, 2022, advertising the availability of the CAPER for public review and comment. The draft CAPER was posted on the City’s website on August 30, 2023. Copies of the CAPER were available electronically. The Human Relations Commission held a public hearing on September 14, 2023, to discuss the CAPER and allow the public to comment on the CAPER. There was no public comment made during the hearing, and the HRC members did not provide any significant discussion points that would change the contents a nd or metrics of the CAPER Report. HRC recommends the CAPER Report be included within the October 23, 2023 City Council Staff Report.
P
er the City’s adopted Citizen Participation Plan, the City offers translation services when a significant number of non
-E
nglish speaking residents can be reasonably expected to participate or when a reasonable accommodation request is made. Non-E nglish speaking residents requiring
translation assistance or any accommodations and or persons with disabilities that require assistance are advised to submit their request as soon as possible but no later than 48 hours before a scheduled meeting, program, or service.
Fo
r the HRC agenda, meeting link and additional information related to the meeting, please visit:
www.cityofpaloalto.org/City-Hall/Boards-Commissions/Human-Relations-Commission.
Comments, if any, received during the public meeting are summarized and provided in the attachments.
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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
Not applicable. The City does not plan to change the CDBG program objectives.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not Applicable.
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CR-58 – Section 3 -
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
Other
Table 9 – Qualitative Efforts - Number of Activities by Program
Narrative
There were no Section 3 project activities in FY 2022-23.
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