CITY COUNCIL
Regular Meeting
Monday, December 11, 2023
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items in RED below
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added
2. Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities)
3. Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum for Health to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise the Not‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language, Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not a Project.
4. Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.
5. Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements for Housing Development Projects up to an Additional 18 Months. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3).
6. SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no, Veenker recused and PASSED 6‐1, Kou no)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10:
9:30 ‐ 9:45 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
7. 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 and November 6, 2023) Public Comment (Nov 6, 2023)
8. Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project.
9. Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for the Calendar Year 2024.
10. Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project Supplemental Memo Added
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee December 12, 2023
Policy & Services Committee December 13, 2023
City Schools Liaison Committee December 14, 2023
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting
10. Supplemental Memo ‐ Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment.
CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
1 Regular Meeting December 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, December 11, 2023
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items in RED below
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto ,
and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added
2. Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities)
3. Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum for Health to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise the Not‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language, Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not a Project.
4. Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.
5. Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements for Housing Development Projects up to an Additional 18 Months. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3).
6. SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no, Veenker recused and PASSED 6‐1, Kou no)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10:
9:30 ‐ 9:45 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
7. 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 and November 6, 2023) Public Comment (Nov 6, 2023)
8. Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project.
9. Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for the Calendar Year 2024.
10. Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project Supplemental Memo Added
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee December 12, 2023
Policy & Services Committee December 13, 2023
City Schools Liaison Committee December 14, 2023
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting
10. Supplemental Memo ‐ Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment.
CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA)
It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
2 Regular Meeting December 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas.
CITY COUNCIL
Regular Meeting
Monday, December 11, 2023
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items in RED below
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto ,
and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added
2. Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities)
3. Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum for Health to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise the Not‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language, Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not a Project.
4. Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.
5. Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements for Housing Development Projects up to an Additional 18 Months. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3).
6. SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no, Veenker recused and PASSED 6‐1, Kou no)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10:
9:30 ‐ 9:45 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
7. 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 and November 6, 2023) Public Comment (Nov 6, 2023)
8. Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project.
9. Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for the Calendar Year 2024.
10. Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project Supplemental Memo Added
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee December 12, 2023
Policy & Services Committee December 13, 2023
City Schools Liaison Committee December 14, 2023
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting
10. Supplemental Memo ‐ Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment.
CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA)
It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
3 Regular Meeting December 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, December 11, 2023
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items in RED below
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto ,
and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added
2. Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities)
3. Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum for Health to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise the Not‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language, Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not a Project.
4. Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.
5. Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements for Housing Development Projects up to an Additional 18 Months. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3).
6. SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no, Veenker recused and PASSED 6‐1, Kou no)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10:
9:30 ‐ 9:45 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
7. 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 and November 6, 2023) Public Comment (Nov 6, 2023)
8. Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project.
9. Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for the Calendar Year 2024.
10. Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project Supplemental Memo Added
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee December 12, 2023
Policy & Services Committee December 13, 2023
City Schools Liaison Committee December 14, 2023
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting
10. Supplemental Memo ‐ Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment.
CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA)
It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
4 Regular Meeting December 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, December 11, 2023
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items in RED below
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto ,
and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from November 27, 2023 Meeting Supplemental Memo Added
2. Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities)
3. Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum for Health to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise the Not‐to‐Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language, Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not a Project.
4. Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.
5. Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements for Housing Development Projects up to an Additional 18 Months. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3).
6. SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5‐1‐1, Kou no, Veenker recused and PASSED 6‐1, Kou no)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 7: 6:20 ‐ 7:20 PM, Item 8: 7:20 ‐ 9:00 PM, Item 9: 9:00 ‐ 9:30 PM, Item 10:
9:30 ‐ 9:45 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
7. 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 and November 6, 2023) Public Comment (Nov 6, 2023)
8. Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project.
9. Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for the Calendar Year 2024.
10. Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment. CEQA Status ‐ Not a Project Supplemental Memo Added
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Surveillance Technology Report for Fiscal Year 2023; CEQA Status – Not a Project OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee December 12, 2023
Policy & Services Committee December 13, 2023
City Schools Liaison Committee December 14, 2023
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Memo ‐ Approval of Minutes from November 27, 2023 Meeting
10. Supplemental Memo ‐ Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, and City Attorney and Adoption of Amended Resolution Amending Appointment Term for Interim City Clerk through March 31, 2024 and salary adjustment.
CEQA Status ‐ Not a Project
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA)
It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
5 Regular Meeting December 11, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 11, 2023
Report #:2311-2290
TITLE
Approval of Minutes from November 27, 2023 Meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: November 27, 2023 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
Item 1
Item 1 Staff Report
Item 1: Staff Report
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CITY COUNCIL
DRAFT ACTION MINUTES
Special Meeting
November 27, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:
Absent:
Special Orders of the Day
1. Presentation on 2023 Palo Alto Community Health Fair Gratitude & Better Health
2. Proclamation Honoring iSing’s Performance at the 2023 World Choir Games
Closed Session
3. CONFERENCE WITH LABOR NEGOTIATORS Authority: Cal. Gov. Code section 54957.6; Agency representative: Jeremy Dennis, MRG; Unrepresented Employees: City Manager and City Attorney
MOTION: Vice Mayor Stone moved, seconded by Mayor Kou to go into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:54 P.M.
Council returned from Closed Session at 7:15 P.M.
Mayor Kou announced no reportable action.
Consent Calendar
Mayor Kou registered a no vote on Agenda Item Number 14.
Item 1
Attachment A -
November 27, 2023 Draft
Action Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 11/27/2023
Council Member Tanaka registered a no vote on Agenda Item Number 7, 8, 9, 13.
Council Member Burt registered a no vote on Agenda Item Number 6.
MOTION: Council Member Lythcott-Haims moved, seconded by Mayor Kou to approve Agenda Item Numbers 4-15.
MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION PASSED ITEMS 4-5, 10-12, 15: 7-0
MOTION PASSED ITEM 6: 6-1, Burt no
MOTION PASSED ITEMS 7, 8, 9, 13: 6-1, Tanaka no
MOTION PASSED ITEM 14: 6-1, Kou no
4. Approval of Minutes from November 6, 2023 Meeting
5. Approval of Professional Services Contract Number C24185875 With Woodard & Curran in an Amount Not to Exceed $498,866 for the Sewer Master Plan Study Services for a Period of two Years
6. Adoption of a Resolution Approving a Consent and Direct Agreement With HA RNG 1 Lender LLC and Ameresco Half Moon Bay LLC Consenting to Ameresco Half Moon Bay LLC’s Assignment of its Rights in its 2005 Power Purchase Agreement With the City to HA RNG 1 Lender LLC , and Authorizing the City Manager or Designee to Execute any Documents Necessary to Administer Six Renewable En ergy Power Purchase Agreements Approved From 2004-2010 in a Manner Consistent with the City Council‘s Prior Funding Authorization, the Palo Alto Municipal Code and City Council Approved Policies. CEQA Status – Not a Project under Public Resources Code 21065
7. Approval of Budget Amendments in the Residential Housing In-Lieu Fund and the General Fund to Reflect Prior City Council Funding Commitments for the Development of 525 East Charleston Road/Mitchell Park Place and Authorization of 525 East Charleston Road/Mitchell Park Place Loan Preparation and Execution
8. Approval of Amendment No. 5 to Contract No. C12142825 with NV5, Inc. to add $295,083, increasing the not -to-exceed amount to $2,176,406, for Right -of-Way Appraisal and Acquisition Support for the Newell Road/San Francisquito Creek Bridge Replacement Project, Capital Improvement Program Project PE -12011. CEQA: Environmental Impact Report for Newell Road/San Francisquito Creek Bridge (Resolution No.9889).
Item 1
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November 27, 2023 Draft
Action Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 11/27/2023
9. Approval of a License Agreement with E quinix, LLC for a Three -Year Term in an Amount Not-to-Exceed $536,528, and Authorization of a Contingency Amount Not- To-Exceed $106,900 for Related, Additional but Unforeseen Services Which may Develop During the Project; CEQA Status - Not a Project
10. Approval of Amendment Number 2 of Six Development Services On -Call Consulting Contracts to Increase the Not-to-Exceed amount by $3.40 million for a Total Not to Exceed $9.75 Million Through December 2024 to Provide Expertise for Plan Review and Inspection Servic es With all Work Subject to Assigned Task Order and Availability of Funds; Environmental Assessment: Exempt in Accordance with CEQA Guidelines Section 15061(b)(3).
11. Approval of Two Sublease Agreements with Palo Alto Community Child Care and Kids Choice for an Initial 12-Month Term
12. Approval of Purchase Orders with WESCO (Representative of EATON/COOPER) and Anixter (Representative of S&C) to Purchase Dielectric Switches for Electric Grid Modernization in an Annual amount of $2,000,000 for Five Years for a Tota l-Not-to- Exceed Amount of $10,000,000
13. SECOND READING: Adoption of an Ordinance Amending the Stanford University Medical Center (SUMC) Development Agreement Adjusting the Timeline for Achieving the SUMC Alternative Mode Share Targets. Zoning District: HD (H ospital District). Environmental Review: Project is Consistent with the 2011 Certified Environmental Impact Report (EIR) for the SUMC Facilities Renewal and Replacement Project. (FIRST READING: October 23, 2023 PASSED 4-2-1, Lythcott-Haims and Tanaka No, Veenker Recused)
14. SECOND READING: Interim Ordinance Temporarily Continuing Expansion of Outdoor Dining Retail and Other Activities until December 31, 2024 (FIRST READING: November 7, 2023 PASSED 5-2, Kou, Veenker no)
15. SECOND READING: Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy Under AB 481 (FIRST READING: November 13, 2023 PASSED 7-0)
Action Items
16. PUBLIC HEARING: Adoption of an Ordinance Amending the Palo Alto Municipal Code to Add Chapter 9.65 and Amend Chapter 9.72 to Establish a Mandatory Registry Program of Residential Rental Units in the City of Palo Alto; Provide Direction to Staff on the Rental Registry Program Implementation. CEQA Status – Exempt under CEQA Guidelines Section 15061(b)(3).
MOTION: Vice Mayor Stone moved, seconded by Council Member Veenker to:
Item 1
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Action Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 11/27/2023
1. Adopt an Ordinance (Attachment A) establishing a mandatory rental registry program that collects rental unit information for multifamily units and single-family rental units, enables cost recovery fees, and allows for enforcement.
2. Direct staff to commence with a phased implementation initially with multifamily housing (3-units and above), and return to Council to evaluate the potential expansion to all rental properties including single family homes at the end of year two.
3. Return to Council with a contract for professional services, authorization for one new full- time position in FY 2024-2025, and resolutions as detailed in the staff report.
4. Direct staff to survey existing enforcement mechanisms and Ghost House (extended vacancy) data collection in other jurisdictions and return to Council by end of calendar year 2024.
5. Amend Attachment A to include an event -based registration on unlawful detainers and rent increases.
MOTION PASSED: 6-1, Tanaka no
17. Policy and Services Committee Recommendations for Changes to the City Council Procedures and Protocols Handbook based on Prior City Council Referrals Agenda Item 17 was deferred to a date to be determined.
Adjournment: The meeting was adjourned at 10:57 P.M.
Item 1
Attachment A -
November 27, 2023 Draft
Action Minutes
Item 1: Staff Report
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 11/27/2023
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423 , the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
Item 1
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November 27, 2023 Draft
Action Minutes
Item 1: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: December 11, 2023
Report #:2308-1879
TITLE
Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1:
Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities)
RECOMMENDATION
Staff recommends that Council:
1) Approve and authorize the City Manager or their designee to execute the contract with SAK Construction, LLC in the amount of $7,347,700 for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project, funded in Wastewater Treatment Enterprise Fund Capital Improvement Program, Project WQ-24000, at the Regional Water Quality Control Plant;
2) Authorize the City Manager or their designee to execute one or more change orders to the contract with SAK Construction, LLC for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $734,770 or 10% of the contract amount, for a total not-to-exceed amount of $8,082,470; 3) Approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. C21176592E with Tanner Pacific, Inc. to increase the contract amount by $852,499 to provide construction management and inspection services during construction of the Joint Intercepting Sewer Rehabilitation (Phase 1) Project (CIP WQ- 24000). The revised total contract amount is not to exceed $852,500 including $775,000 for basic services and $77,500 for additional services; and 4) Approve and authorize the City Manager or their designee to execute Addendum No. 12 to the basic agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos.
EXECUTIVE SUMMARY
The Joint Intercepting Sewer Rehabilitation (Phase 1) Project will install a structural liner onto the interior surfaces of severely corroded concrete pipe, measuring 2,364 linear feet in length and 72 inches in diameter, near the Regional Water Quality Control Plant. The new liner will extend the life of the sewer pipe and prevent a future collapse of the concrete pipe in the Item 2
Item 2 Staff Report
Item 2: Staff Report
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absence of rehabilitation such as liner installation. Council approval is needed for a construction contract with a specialty contractor, a construction management contract amendment to oversee the contractor’s work, and an Addendum No. 12 to the Basic Agreement with Palo Alto, Mountain View, and Los Altos to repay costs for the construction work in Fiscal Year 2024 and 2025.
BACKGROUND
The Regional Water Quality Control Plant (RWQCP, Plant) owns and maintains a 72-inch diameter trunk sewer known as the Joint Intercepting Sewer, which conveys raw sewage from Mountain View, Los Altos, Los Altos Hills, and a portion of Palo Alto. There are other sewers leading to the RWQCP, but these are maintained by the Utilities Department, Stanford University, and the East Palo Alto Sanitary District.
The Joint Intercepting Sewer was constructed in 1972 and consists of multiple sections of 60- inch and 72-inch diameter reinforced concrete pipes with gasketed bell and spigot joints. The original pipe is unlined with no external coating. The pipes are approximately 9,000 feet long.
The pipeline’s alignment starts at a metering station located at 1151 San Antonio Road on the border of Palo Alto and Mountain View. The alignment runs northwest and below grade through the Baylands Nature Preserve and along the western edge of the City’s closed landfill.
The pipeline ends at an influent junction box inside the RWQCP.
The need for rehabilitation or replacement of the Joint Intercepting Sewer was first identified in the Long Range Facilities Plan (LFRP)1, which was accepted by the Council in July 20122. The need for rehabilitation was confirmed in 2020 via a condition assessment, which included closed circuit television (CCTV) inspection, sonar inspection, and visual inspections of the entire pipe length. Based on the findings, the downstream sections (approximately 2,364 feet) closest to the Plant exhibited the greatest deterioration. The lower section of pipeline has exposed and corroded structural rebar, spalling and cracked concrete, and noticeable offset and separation at some pipe joints and manholes. This Joint Intercepting Sewer Rehabilitation Phase 1 Project will rehabilitate the deteriorated 2,364-feet section of pipeline and manholes. A design contract was awarded to Jacobs Engineering Group, Inc. by Council on May 16, 20223. The design was completed in August 2023.
1 Long Range Facilities Plan for the Regional Water Quality Control Plant, 2012; https://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-control-plant/lrfp-final-report-08- 2012.pdf
2 City Council, July 2, 2012; Consent Item #1; SR #2914, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2012/id-2914.pdf
3 City Council, May 16, 2022; Consent Item #7; SR #14164, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/2022/id.-14164.pdf
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Based on the 2020 sewer inspection, the upstream sections (approximately 6,600 feet to the metering station) show less severe deterioration and will be reassessed in the next five to ten years to establish the timing and need for the Phase 2 rehabilitation work. Attachment A is a figure showing the project phases.
The Joint Intercepting Sewer’s maximum allocated flow capacity and cost sharing allocation for each partner agency is shown in Table 1 below. Maximum flow capacity is reached during high flow events during wet weather.
Table 1: Maximum Flow Capacity Allocation and Fixed Cost Share Item Mountain View Palo Alto Los Altos Los Altos Hills Total Maximum Allocated Flow
Capacity
(million gallons per day)
50.00 14.59 12.00 3.41 80.0
Allocated Share (percent) 62.50% 18.24% 15.00% 4.26% 100%
ANALYSIS
This Project will rehabilitate approximately 2,364 feet of the 9,000 feet of the Joint Intercepting Sewer from Manhole No. 4 to the Plant’s influent junction box (a.k.a., JB-0). This section of the pipe is shown in Attachment A as the Phase 1 project. Rehabilitation includes repair and recoating the interior of existing manholes and the influent junction box. An above grade temporary bypass pumping system consisting of pumps and piping will be installed in the vicinity of the existing sewer pipeline to allow the contractor to access, clean, inspect, and rehabilitate the interior of the sewer line and manholes. Pipe rehabilitation will use the cured- in-place pipe (CIPP) method, in which a resin-impregnated liner is inserted, expanded, cured, and adhered onto the existing pipe’s interior surfaces. The cured liner will become a new pipe inside the existing host pipe, providing structural strengthening as well as smoother and corrosion resistant surfaces that will not reduce the trunk sewer’s service capacity. Its service life is expected to be extended by 25 to 50 years. This method will result in minimal site disturbance and require the least amount of construction staging area compared to other repair methods such as open trench pipe replacement. The Utilities Department has utilized CIPP lining on City sewers, having rehabilitated approximately 23,025 feet (4.36 miles) of the City’s pipes ranging from 6 inches to 42 inches in diameter.
Construction activities are expected to take place inside the RWQCP (30 percent of the work) and outside the RWQCP (70 percent of the work) along the alignment of the sewer interceptor on small undeveloped areas outside the plant’s fence line and gravel access road west of Item 2
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Byxbee Park. Temporary fencing will be set up along the boundary of the project site.
Construction fences will have six to eight inches of openings at the bottom to allow wildlife to pass through the area. Screening will be attached to project fencing to reduce noise and light outside the construction area. An informational site map showing the URL to the project’s website and detour signs will be set up on trails at appropriate locations. Construction activities lasting up to five months will occur during daytime only and traffic will be limited to material and fuel deliveries. When construction vehicles travel outside of fenced work area, traffic control flaggers will walk ahead and behind each truck to ensure public safety. The contractor’s personnel will be onsite 24/7 to monitor the temporary bypass pumping system, which is expected to last two to four months. The temporary bypass pumps will be enclosed to comply with noise ordinances while pumps and piping will be sealed to contain odors. Illumination, as needed to meet OSHA safety requirements at the bypass pumps, will be soft lights with directional shields and with on/off switches. City staff will coordinate with other projects in the Baylands (e.g., the Horizontal Levee Project) to minimize schedule and parking impacts.
A biological survey was conducted by two qualified biologists from the project’s design consultant, Jacobs Engineering Group, Inc., on March 1, 2023 at the proposed project site and throughout a 250-feet buffer zone beyond the perimeter of the project site. The field survey showed no sensitive habitat within the project site and found that construction activities are not anticipated to directly or indirectly impact adjacent aquatic resources or special-status plants and animals, which were determined to be absent or unlikely to occur within the project footprint. Special-status birds, including salt marsh common yellowthroat, Alameda song sparrow, and burrowing owl, could nest outside and near the project footprint. Preconstruction surveys for nesting birds and burrowing owls will be conducted at 24 days and at 24 hours prior to the start of field construction activities. If active nests are detected, buffers around nests will be established to ensure breeding is not disrupted or adversely impacted by construction. With these measures in place, potential adverse impacts to special status animals will be avoided or minimized.
Bid Process
On August 29, 2023, the City solicited formal bids from qualified contractors for this Project.
The bidding period was 49 calendar days. Three bids were received on October 16, 2023, with bid prices ranging from $7,347,700 to $11,051,740 as listed in the attached Bid Summary (Attachment B).
Table 2: Summary of Invitation for Bids
Project Bid Name/Number Joint Intercepting Sewer Rehabilitation (Phase 1) Project, IFB #189237
Proposed Length of Project 9 months after Notice to Proceed Total Days to Respond to Bid 49
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Table 2: Summary of Invitation for Bids
Mandatory Pre-Bid Meeting Yes
Number of Company Attended Pre-Bid Meeting 9
Number of Bids Received: 3
Base Bid and Additive Alternate Price Range $7,347,700 to $11,051,740 Public Link to Solicitation https://procurement.opengov.com/portal/palo-alto- ca/projects/58535/document
Staff has reviewed all bids submitted and recommends the bid of $7,347,700 submitted by SAK Construction, LLC be accepted and SAK Construction, LLC be declared the lowest responsible bidder. The base bid is 7.3% above the engineer's estimate of $6,850,287 and is within the expected level of estimating accuracy. A contingency amount of $734,770 (10% of the bid price) is requested for related, additional but unforeseen work that may develop during the project.
Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. It is recommended that Council approve and authorize the City Manager or their designee to execute the contract with SAK Construction, LLC4.
Construction Management Contract Amendment
The RWQCP capital program requires specialized consultant services to manage the construction and inspection of construction contract work. These services are an extension of staff and essential for providing quality assurance to ensure that: 1) the construction contractor is adhering to the project-specific specifications and contract requirements; and 2) the City is receiving the as-designed infrastructure in an efficient, timely, and coordinated manner.
On June 21, 2021, Council approved five separate five-and-a-half-year contracts (Contract Nos.
C21179265A through C21179265A E) with MNS Engineers, Inc.; CDM Smith; Carollo Engineers, Inc.; MCK Americas, Inc. and Tanner Pacific, Inc. for RWQCP On-Call Construction Management and Inspection Services with a total not-to-exceed amount of $1 for each contract5.
On September 8, 2023, staff requested proposals from all five construction management consultants for Task 4 Services for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project.
No proposals were received initially on October 6, 2023. To ensure timely construction completion, staff reached out to all five consultants to request a proposal by November 7, 2023. The five consultants are experiencing resource constraints due to multiple, ongoing, Bay 4 SAK Construction, LLC., Construction Contract for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project, C24189237; https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/water-quality-control-plant/files- for-staff-reports/joint-intercepting-sewer/c24189237_sak-construction-contract-for-sr1879.pdf 5 City Council, June 21, 2021; Agenda Item #21; SR #12324, https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12324.pdf
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Area construction projects. Furthermore, specialty inspectors are limited for the key tasks of CIPP lining and fusion of high density polyethylene bypass piping. On November 7, 2023, staff received a proposal from Tanner Pacific, Inc. who previously provided construction management and inspection services to the City of Mountain View for their large diameter sewer pipe rehabilitation project, which utilized CIPP technology similar to this project.
Mountain View staff provided positive feedback regarding Tanner Pacific’s construction management services in Mountain View.
Staff recommends that Council approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. C21179265E (Attachment C) with Tanner Pacific, Inc. to: 1) add Task 4 Services to provide construction management and inspectional services during the construction of the Joint Intercepting Sewer Rehabilitation (Phase 1) Project; and 2) increase compensation by $852,499, from $1 to $852,500. A 10% contingency has been included with the requested amount.
Partner Agencies Agreements
The Joint Intercepting Sewer receives flows from Mountain View, Los Altos, Los Altos Hills, and a portion of Palo Alto. Addendum No. 12 (Attachment D) is added to the Basic Agreement between Palo Alto, Mountain View, and Los Altos. Addendum No. 12 was approved by the Cities of Mountain View and Los Altos on December 5, 2023 and November 28, 2023, respectively. The City’s agreement with Los Altos Hills does not require approval for capital improvement projects. Addendum No. 12 covers:
•agreement by all partners to construct the Phase 1 Project by rehabilitating the 72-inch- diameter Joint Intercepting Sewer from Manhole No. 4 to the Influent Junction Box JB-0; •the maximum amount of funding authorized by all partners for the construction of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, including design engineering, construction management, program management, and construction costs; and •agreement by all partners to provide for the sharing of costs associated with this project.
Staff recommends that Council approve Addendum No. 12 (Attachment D) to the basic agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos.
After construction commencement, the submittal review process will take three to four months. Construction field activities will be performed during the dry season in 2024 (around mid-April to End of September). Field activities, including mobilization and demobilization, materials procurement, equipment set up and construction work are anticipated to take approximately five months to complete. The Project is expected to achieve substantial completion by September 16, 2024, with final completion by September 30, 2024.
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FISCAL/RESOURCE IMPACT
Funding for project construction is available in the FY 2024 Capital Budget (WQ-24000).
Mountain View, Palo Alto, Los Altos, and Los Altos Hills will fund the project in accordance with the percentages shown in Table 3 below.
Table 3: Cost Share
Item Unit Mountain View Palo Alto Los Altos Los Altos Hills Total Trunk Line Cost
Share % 62.50% 18.24% 15.00% 4.26% 100%
Some of the project expense included in the total project cost of $8.9 million is for the work on the RWQCP site described in Bid Item 6 (approximately $1,896,995), and is the responsibility of all six partner agencies, because the RWQCP continues to use the 72-inch Joint Intercepting Sewer to receive and convey the RWQCP plant-wide return flows to the headworks (e.g., from building sewers, clarifier scum overflow, grit washing process drain, etc.). Each partner is contributing to the return flows. As such, the East Palo Alto Sanitary District and Stanford University will also share in project expenses for the in-plant bypass pumping systems, along with Mountain View, Palo Alto, Los Altos, and Los Altos Hills. The specific bid item for in plant sewer bypassing will be split between all partners based on their share of the ongoing pay-as- you-go capital budget. Palo Alto’s share of the onsite bypassing work cost to be shared by all partners is estimated to be about 35% (i.e., about $663,379 of the estimated $1,896,995 expense).
Actual cost share will be calculated after project completion based on wastewater flows and strength contributed by each partner for 2024.
Table 4 shows the estimated total project construction expenses. See Attachment E for a detailed cost breakdown.
Table 4: Not-to-Exceed Construction Expense by Partner Agencies Partner Agency Cost Sharing
Mountain View $5,159,619
Palo Alto $1,947,106
Los Altos $1,262,089
Los Altos Hills $338,516
East Palo Alto Sanitary District $104,904
Stanford University $122,736
Total Not-to-Exceed Construction Expense including 10%
contingency $8,934,970
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STAKEHOLDER ENGAGEMENT
This project is part of the RWQCP’s major capital improvement program funded by the City of Palo Alto and its five partner agencies who use the RWQCP for wastewater treatment. The five partner agencies are regularly updated on both the need for and the progress of wastewater treatment capital work. Updates are provided each year at an annual meeting and at other periodic meetings established to inform partner agency staff about the major capital improvement program. With respect to Palo Alto itself, the open meetings on the budget process serve as the main vehicle for engaging the community on both new projects such as this and associated rate impacts.
Staff reached out to Mountain View, Los Altos, and Los Altos Hills staff to explain the project and cost allocation. Mountain View completed CIPP relining work on a 42-inch diameter sanitary sewer near Shoreline Park in March 2022. Given Mountain View’s experience, staff conducted outreach with Mountain View’s engineering and operational staff to understand key issues associated with CIPP installation in a public park.
In addition, staff has coordinated with the Community Services Department and other Public Works Department staff to coordinate construction activities, bypass pumping, access, and trail detours in parkland and at the closed landfill. On February 28, 2023, staff presented the project to the City’s Parks and Recreation Commission6. Recommendations received from the commissioners were incorporated into the project’s contract documents.
ENVIRONMENTAL REVIEW
The construction of this project has been determined to be exempt from CEQA under CEQA Guidelines Section 15301, subsection (b) as it involves the repair and maintenance of an existing publicly-owned utility used to provide sewerage treatment services with no expansion on the existing facility. A Notice of Exemption was submitted to and recorded by the State Clearing House and Santa Clara County Clerk-Recorder’s Office on August 7, 2023 (File No.
ENV24700).
6 Parks and Recreation Commission, February 28, 2023; Agenda Item #4; https://www.cityofpaloalto.org/Departments/Community-Services/Other-Services/Commissions/Parks-and- Recreation-Commission/PRC-Current-Year-Agendas-and-Minutes Item 2
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ATTACHMENTS
Attachment A: Site Map Showing the Project Phases
Attachment B: Bid Summary
Attachment C: Amendment No. 1 to Contract C21179265E with Tanner Pacific, Inc. for Construction Management and Inspection Services
Attachment D: Addendum No.12 to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos
Attachment E: Partner Agencies Cost Share Summary
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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Legend ±Condition Assessment
F i g u r e E x p o r t e d : 7 / 2 9 / 2 0 2 0 B y : k b r a d l e y U s i n g : \ \ w o o d a r d c u r r a n . n e t \ s h a r e d \ P r o j e c t s \ R M C \ S J \ 0 3 8 - 0 1 4 P a l o A l t o R W Q C P P r o g r a m M a n a g e m e n t \ B . P r o g r a m M a n a g e m e n t \ 7 . O t h e r P r o j e c t s \ 7 2 I n c h C o n d A s s e m t \ C A \ M a p s \ P a l o A l t o _ 7 2 I n c h . m x d P r o j e c t # : 0 0 3 8 0 1 4 . 0 1 M a p C r e a t e d : J u l y 2 0 2 0 0 0 . 1 0 . 2 0 . 0 5
M i l e s
T h i r d P a r t y G I S D i s c l a i m e r : T h i s m a p i s f o r r e f e r e n c e a n d g r a p h i c a l p u r p o s e s o n l y a n d s h o u l d n o t b e r e l i e d u p o n b y t h i r d p a r t i e s f o r a n y l e g a l d e c i s i o n s . A n y r e l i a n c e u p o n t h e m a p o r d a t a c o n t a i n e d h e r e i n s h a l l b e a t t h e u s e r s s o l e r i s k . Data Sources:
! M a n h o l e s a n d S t r u c t u r e s Future
Phase 1
REGIONAL
WATER QUALITY
CONTROL PLANT
REGIONAL
WATER QUALITY
CONTROL PLANT
FLOW
FLOW
FIGURE 7: RECOMMENDED PROJECT PRIORITIZATION
21 Palo Alto
Trunk Sewer
Trunk Sewer Interceptor
Attachment A: SITE MAP
This Project
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ATTACHMENT B: BID SUMMARY
$6,850,287 $7,347,700 $10,365,324 $11,051,740
LOWEST
RESPONSIVE BID
ENGINEER'S ESTIMATE SAK CONSTRUCTION,
LLC
MICHELS TRENCHLESS,
INC.
INSITUFORM
TECHNOLOGIES, LLC
BIDDERS
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AMENDMENT NO. 1 TO CONTRACT NO. C21179265E
BETWEEN THE CITY OF PALO ALTO
AND TANNER PACIFIC, INC.
This Amendment No. 1 (this “Amendment”) to Contract No. C21179265E (the “Contract” as defined below) is entered into as of December 11, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TANNER PACIFIC, INC., a corporation, located at 274 Redwood Shores Parkway, Suite 607, Redwood City, CA 94065 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the P arties to provide construction management and inspection services on an on- call, as-needed, time-limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein.
B. The Parties now wish to amend the Contract in order to add Task Order No. 1 services (referred to as Work Order No . 4) for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, and to increase compensation by Eight Hundred Fifty-Two Thousand Four Hundred Ninety-Nine Dollars ($852,499.00), from One Dollar ($1.00) to Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00), as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21179265E between CONSULTANT and CITY, dated June 21, 2021.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows:
“The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY’s project -specific Task Orders under the process described in Exhibit A. 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 DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2
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expenses specified therein, and the maximum total compensation shall not exceed One Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under a Task Order not to exceed Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500) over the term of the Agreement. No pre -qualified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY.
The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
A. The City has selected CONSULTANT to perform Work Order # 4, for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, in the amount not to exceed Seven Hundred Seventy -Five Thousand Dollars ($ 775,000.00).
CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00).
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 Seventy-Seven Thousand Five Hundred Dollars ($77,500.00) for the performance of Additional Services (as defined below). The total compensation for performance of the Basic Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Eighty Hundred Fifty -Two Thousand Five Hundred Dollars ($852,500.00) 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 in a Task Order issued under Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of services, schedule o f 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
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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 amo unt 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 3. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A-2” entitled “PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 1” (ADDED).
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1” (AMENDED,
REPLACES PREVIOUS)
c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1,” (AMENDED, REPLACES PREVIOUS).
d. Exhibit “C -1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS).
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
______________________________
City Manager or Designee
APPROVED AS TO FORM:
______________________________
City Attorney or Designee
TANNER PACIFIC, INC.
Officer 1
By:______________________________
Name:___________________________
Title:____________________________
Officer 2
By:______________________________
Name:___________________________
Title:____________________________
Attachments:
Exhibit “A-2”: PROFESSIONAL SERVICES TASK ORDER NO. 1
Exhibit “B”: SCHEDULE OF PERFORMANCE
Exhibit “C”: COMPENSATION
Exhibit “C-1”: SCHEDULE OF RATES
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William Tanner
Board Secretary
Kathryn Tanner
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EXHIBIT “A-2”
PROFESSIONAL SERVICES TASK ORDER NO. 1
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179265E
1A. MASTER AGREEMENT NO.: C21179265E
1B. TASK ORDER NO 1: Work Order No. 4 for Construction Management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project
2. CONSULTANT NAME: Tanner, Pacific, Inc..
3. PERIOD OF PERFORMANCE:
START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: On or before December 31, 2024
4 TOTAL TASK ORDER NO. 1 PRICE: $775,000
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0
5. WBS/CIP: WQ-24000-080
6. CITY PROJECT MANAGER: Siew Ching Chin, Public Works Department, Environmental Services Division, RWQCP
7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE:
Services and Deliverables to Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable) Reimbursable Expenses, If Any (With “Not to Exceed” Amount)
8. ATTACHMENTS: Task Order No. 1 Scope of Services, including Schedule of Performance and Compensation Schedule
TASK ORDER NO.1 SCOPE OF SERVICES
WORK ORDER NO. 4: CONSTRUCTION MANAGEMENT OF THE JOINT INTERCEPTING SEWER REHABILITATION PHASE 1 PROJECT
Task 1: General Requirements/ Project Management
1. For any work which requires licensing, the CONSULTANT shall be appropriately licensed in accordance with the laws of the State of California. The cost for any required licenses or training shall be the responsibility of the CONSULTANT and shall not be expensed as part of this contract.
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2. Special requirements:
a. Project Manager shall have a minimum of 15 years of relevant construction management experience.
b. Resident Engineer shall have a minimum of 5 years of construction management, cured-in-place pipe ( CIPP), and confined space entry experience.
c. Staff’s related construction experience (years and projects) shall include:
i. Minimum 5 years of demonstrated experience in large diameter pipeline rehabilitation projects using CIPP lining, coordinating wastewater treatment facility process shutdowns, and overseeing high- volume bypass operations. NASSCO CIPP lining inspector certification is required. Municipal wastewater treatment operations experience is a bonus.
ii. Minimum 5 years of demonstrated experience in inspection of concrete repairs, surface preparations and coating applications. iii. Minimum 5 years of demonstrated experience in inspection of high - density polyethylene (HDPE) pipe fusion and installation. d. During construction when there is a need to replace the proposed personnel, CONSULTANT shall submit the associated resume and minimum two references (names, agencies, email addresses, and phone numbers) for each of their proposed Project Manager, Resident Engineer, and specialty inspectors for HDPE pipe fusion and CIPP lining for City Project Manager’s review and approval.
3. CONSULTANT shall prepare and submit to the City a Project Management Plan to include schedule; budget; spending projection and staffing level for each month for the duration of the contract term; personnel roles and construction management procedures. CONSULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight to ensure that:
a. the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. b. the construction project is progressing per construction contract’s requirements.
4. At the beginning of each month, CONSULTANT shall prepare and submit to the City Project Manager a monthly invoice package. The City prefers processing CONSULTANT pay requests that cover one calendar month. Invoices of two different fiscal years (e.g., June 2024 and July 2024) shall not be combined .
Monthly invoice packages shall include the cost incurred during previous month including subconsultant cost and expenses, and a progress report documenting progress. The report shall include the progress by each task, the budget status (authorized amount, cur rent billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2
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schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CITY Project Manager as soon as the potential overrun is identified.
Task 2: Preconstruction Phase
1. Administration
a. CONSULTANT shall propose a project administration procedure, including an online document management/ tracking system, for CITY approval. The administration procedure will detail how the CONSULTANT will track, store, distribute, and manage digital and hardcopy correspondence and project documentation and strategy for managing project communications.
b. CONSULTANT shall establish and maintain a health and safety plan specific for CONSULTANT’s staff and subconsultants. Include confined space training certificates, as applicable. Submit a copy for City’s record.
During construction activities, CONSULTANT shall follow CONTRACTOR(S)’s health and safety plan(s), if it is more stringent.
2. Field Office Setup
a. CONSULTANT shall organize the hardcopy and digital files for the project prior to commencement of construction and coordinate with the CITY and CONTRACTOR for office space set-up.
b. CITY will designate a location for the office space and provide utility connection points.
3. Preconstruction Activities
a. Site Walk Observations and Documentation
i. CONSULTANT shall conduct preconstruction inspections, documenting conditions in a log and providing digital
photographs and video(s).
b. Preconstruction Submittals
i. CONSULTANT shall develop a list of CONTRACTOR pre -
construction submittals.
ii. CONSULTANT shall review CONTRACTOR’s pre-construction submittals, schedule of values, request for substitution (if any), and preliminary schedule.
Task 3: Construction Phase
1. Construction Administration
a. Project Coordination
i. CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The CONSULTANT shall coordinate construction activities with the DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2
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CITY, ENGINEER, and CONTRACTOR. CONSULTANT’s
responsibilities include cond uct meetings with the ENGINEER to review progress, coordinate evaluations and identify information needs; disseminate information to the design team; manage the project budget; manage the project schedule; manage sub- consultants; manage QA / QC team;
Coordinate communications with other ongoing projects’
construction managers to facilitate the construction of ongoing projects and continuous Plant operations.
ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week.
b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY’s other consultants.
c. Construction Administration Services: CONSULTANT shall provide administrative and management services. The CONSULTANT shall receive all correspondence from the CONTRACTOR and address all inquiries from the CONTRACTOR and construction related correspondence. The ENGINEER will be responsible for providing design input.
2. Meetings:
a. CONSULTANT shall prepare agenda for kick-off meeting, weekly progress meetings and other construction/technical meetings required during the term of the Project. CONSULTANT shall preside the meetings, address administrative and non-design issues, and prepare meeting minutes for distribution. CITY, ENGINEER and CONTRACTOR’s team will attend the meeting. The ENGINEER will address design issues. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule updates, risks as identified by risk register, percent of project complete, near-term milestones, etc.).
b. Anticipated Meetings
i. Construction kick-off meeting
ii. Weekly progress meetings
iii. As-needed technical meetings with CITY, ENGINEER, CONTRACTOR and manufacturer’s representative(s) to discuss manufacturers’ requirements and resolve equipment and/or installation issues. iv. Project punch list and close-out Meeting
v. As-needed coordination mee tings with other ongoing projects’ construction managers and the City (as part of a separate subtask) DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2
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3. Submittals
a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process.
b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red - line drawings, from the CONTRACTOR and check the submittals for completeness and general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the CONSULTANT shall reject and send the submittal back to the CONTRACTOR for correction prior to sending the submittal to the ENGINEER. c. Once deemed acceptable, CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow -up with the CONTRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER’s submittal review and track the status of shop drawing resubmittals with the CONTRACTOR. e. CONSULTANT shall review the submittals for progress schedule, health and safety plan, temporary facilities, construction sequencing, conduit/pipe layout plan, manufacturer/ applicator/ installer’s certificates, and other non-technical submittals. f. CONSULTANT shall review temporary facilities submittals for operability as well as conflicts with other ongoing projects’ active and/or proposed construction.
4. Request for Information/Clarification Process
a. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications.
b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI; i. If valid, ENGINEER will review the RFIs and provide design response. CONSULTANT shall review the ENGINEER’s response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR.
ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications.
c. CONSULTANT shall provide a response within 10 working days to the CONTRACTOR for any administrative, field condition specific and general RFI.
d. ENGINEER shall prepare Design Clarifications where design issues are identified by the CONSULTANT, ENGINEER, or CITY. CONSULTANT shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the ENGINEER’s Design Clarification and other clarifications. e. CONSULTANT shall work with the CITY Project Manager to maintain an Error DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2
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and Omission Log to document change orders, RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction.
CONSULTANT shall identify potential error & omission and notify ENGINEER to track their hours when responding to RFIs and/or preparing design change document. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR.
5. Change Order Preparation, Negotiation & Processing
a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR).
i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes.
ii. CONSULTANT shall maintain Change Event files. These files shall compile all data related to specific items that arise that may have cost or time impacts or neither.
b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents shall be returned to CONTRACTOR unapproved with an explanation.
c. CONSULTANT shall negotiate change ord ers with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. Consultant shall calculate and determine a reasonable cost for each additive or deductive change order based on City’s guidelines set forth in the Construction Contract’s General Conditions.
Inform City of all potential cost and schedule changes. d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR’s cost proposal for each ch ange order request. At CITY’s discretion, ENGINEER’s opinion may be requested for specific equipment and material costs.
e. CONSULTANT shall prepare change orders using CITY’s procedure for execution by the CITY and CONTRACTOR.
i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact.
ii. ENGINEER shall prepare design details for change requests as needed. CONSULTANT to coordinate schedule and distribution of design details.
iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design
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documents as directed by the CITY.
f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order in accordance with the City’s procedures.
i. All work done under a field order shall be completed on a time and material basis. CONSULTANT shall track actual time and material expended for the field order work. Document all allowable costs (labor, equipment, material, etc.) daily. CONTRACTOR shall field - verify quantity and document CONTRACTOR’s extra work activities on an hourly basis, as applicable, so that change order requests can be verified accordingly.
ii. Field orders shall be reviewed and approved with the CITY prior to issuance.
6. Documentation of Environmental Compliance
a. CONSULTANT shall bring to the attention of the City’s environmental monitor and concerns with the compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits. Note that this project is CEQA exempt.
7. Progress Payment
a. CONSULTANT shall review the initial schedule of values (co st breakdown) prepared by the CONTRACTOR.
b. CONSULTANT shall review the final version of the Schedule of Values (SOV) with the CITY and receive confirmation that the SOV is acceptable to the CITY, prior to responding to the CONTRACTOR.
c. CONSULTANT shall rev iew CONTRACTOR’s progress payment requests and determine whether the amount requested reflects the actual status of the CONTRACTOR’s work in place, materials on site and other contract requirements. If the payment request is deemed acceptable, transmit the invoice to the CITY for payment within the time periods set forth in the Public Contract Code.
d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY. e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk’s Recorder Office.
8. CONTRACTOR’s Certified Payroll
a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2
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payrolls from the CONTRACTOR. Apart from the regular, bi- weekly collection, the CONSULTANT shall obtain payroll records within 10 days of the CITY’s request.
b. CONSULTANT shall only store these records on the project site. c. CONSULTANT is not responsible for reviewing these records for compliance at any time.
d. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations.
9. Schedule
a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CO NTRACTOR’s schedule updates and provide written comments to the CONTRACTOR.
c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for Contract time extension and/or monetary claim, and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written assessment of the time request.
CONSULTANT shall evaluate and negotiate schedule adjustments with the CONTRACTOR.
10. Field Quality Control (Inspection Services)
a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents.
i. CONSULTANT staff shall have sufficient training and
experience regarding the specific construction activities being performed by CONTRACTOR.
1) CONSULTANT shall provide staffing at a level that
match construction load and as required to observe
CONTRACTOR’s activities.
2) CONSULTANT shall provide subconsultant(s) as
needed to observe specialty work and/or conduct
specialty tests (see Special Inspections).
b. Reporting
i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and field problems. Field activities shall be logged hourly, if applicable.
CONSULTANT shall collect CONTRACTOR daily reports on a weekly basis. Such information shall be accessible by the City.
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ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project.
iii. CONSULTANT shall monitor record documents (redline drawings) on a bi-weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the CONSULTANT’s information/observations.
iv. CONSULTANT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues. This report shall also be part of CONSULTANT’s monthly progress payment report.
c. Special Inspections
i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing include, but are not limited to:
1) Soils testing for HazMat compliance
2) Soils compaction and relevant testing
3) Asphalt compaction and relevant testing
4) Concrete sampling and testing
5) Coating surface preparation (including cleaning) and application inspection
6) CIPP surface preparation (including cleaning), materials, and installation inspection
7) Special inspections as listed in the project specific design 8) drawings and specs.
9) HDPE pipe fusion inspection
ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services.
11. System Outages
a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown. b. The SORs shall be reviewed and approved at least two weeks ahead of the actual outage/shutdown.
c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER.
i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, implementing the outage, and bringing services back online after the outage.
12. Means and Methods of Construction
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a. CONSULTANT shall not direct the means and methods of construction.
CONTRACTOR shall be solely responsible for the means and methods of construction. In the event when the CONTRACTOR’s means and methods and/or work sequence are perceived to have negative impacts on the final work quality or may damage existing City’s property, the CONSULTANT shall communicate with the CONTRACTOR and inform the CITY and ENGINEER.
13. Construction Staging and laydown Area
CONSULTANT shall periodically observe the construction staging and laydown areas to check if:
a. Equipment and materials are being stored in accordance with the manufacturers’ procedure (e.g., protection from weathering elements). b. Exiting plant equipment (e.g., electrical switchgear) are being protected. c. Heavy loads are not concentrated at or adjacent to locations were underground utility (s) is present.
d. CONTRACTOR is maintaining any necessary access.
e. Site is cleaned up each day.
f. Site is isolated and general public and wildlife are protected.
14. Safety
a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT’s Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT’s work and shall take necessary precautions for safe operation of the CONSULTANT’s work, and the protection of the CONSULTANT’s personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT’s employees or sub- consultants at the
construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions required by pertinent regulatory agencies.
CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions.
15. Corrective Work Item List
a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER.
b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC).
a. CONSULTANT shall prepare the SCC for execution by the CITY and the DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Item 2
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CONTRACTOR when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The CONSULTANT’s satisfaction.
Task 4: Project Closeout Phase
1. Punch List and Final Inspection
a. Punch List
i. CONSULTANT shall identify work with outstanding deficiencies and generate Punch List in Excel. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed.
ii. CONSULTANT shall have primary responsibility for verifying that the Punch List work is complete.
b. Final Inspection
i. CONSULTANT shall have primary responsibility for conducting the final inspection. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed.
1) CITY will participate and provide input on the final inspection. 2) ENGINEER will provide design input on final inspection items if determined necessary by the CITY.
2. Warranty Coordination
a. CONSULTANT shall maintain a warranty file in the online document tracking system. All warranty documentation shall be handed off to the CITY at conclusion of the contract.
3. Project Closeout
a. CONTRACTOR shall furnish record documents, which the CONSULTANT shall review and transmit to ENGINEER for preparation of record drawings. b. CONSULTANT shall prepare necessary CITY documentation recommending acceptance of the completed work by the CITY.
c. CONSULTANT shall turn over project documentation to the CITY in an orderly manner and in a timely manner after completion of the project and all punch list activities. The CONSULTANT shall retain all change event files at the end of the project. The CITY shal l have the right to request review and/or copies of the change events files.
d. CONSULTANT shall download all the files from the on -line document management system, save them on an external hard drive, and mail it to the City Project Manager for City’s record.
Task 5: Allowance for Non-Regular Hour Work
1. CITY may set an allowance for inspection services during non-regular work hours such as night time and weekends. CONSULTANT shall estimate sufficient hours to cover all inspectional services. Authorization by City Project Manager is required prior to scheduling overtime work.
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Work Order No. 4: Milestone Schedule of Performance
TASK # MILESTONES
NUMBER OF WEEKS TO
COMPLETION FROM
WORK ORDER #4 NOTICE
TO PROCEED1 (NTP)
NO LATER THAN DATE
Task 1 General Requirements/
Project Management
51 Weeks 12/31/2024
Task 2 Pre-Construction 14 Weeks 4/15/2024
Task 3 Construction Phase 38 Weeks 9/30/2024
Task 4 Project Closeout 51 Weeks 12/31/2024
Task 5 Allowance for Non-Regular
Hour Work
51 Weeks 12/31/2024
Note 1. Assume NTP issuance on 1/8/2024
Work Order No. 4: Milestone Compensation Schedule
TASK # MILESTONES NOT TO EXCEED
AMOUNT
Task 1 General Requirements/ Project Management $44,460 Task 2 Pre-Construction $85,510
Task 3 Construction Phase $494,410
Task 4 Project Closeout $35,250
Task 5 Allowance for Non-Regular Hour Work $103,270
Sub-total Basic Services $762,900 Reimbursable Expenses $12,100 Total Basic Services and Reimbursable Expenses $775,000 Additional Services (per Section 4) (Not to Exceed) $77,500 Maximum Total Compensation $852,500
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
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.
TASK ORDER #1/WORK ORDER #4
Tasks 1-4 of Work Order #4 will be completed within 51 Weeks from the Notice to Proceed for Work Order #4 or by December 31, 2024, as detailed in the Milestone Schedule of Performance attached to Work Order #4 (Amendment No.1).
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EXHIBIT “C”
COMPENSATION
CITY agrees to compensate CONSULTANT for on -call, as -needed, time -limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth in a specific Task Order.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, 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 whi ch payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: up to the not-to-exceed amount of $12,100.
WORK ORDER #4
Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #4, Not to Exceed:
Total Basic Services and Reimbursable Expenses $775,000 Additional Services (per Section 4) (Not to Exceed) $77,500 Maximum Total Compensation $852,500
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EXHIBIT “C-1”
SCHEDULE OF RATES
The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement and its Task Order(s), if any, is set forth below as Exhibit “C-1”, entitled “SCHEDULE OF RATES”. The fee schedules attached hereto in Exhibit C-1 shall apply during the first year of the term for Work Order #4. Thereafter, CONTRACTOR’s compensation rates shall be adjusted annually effective on the commencement of the second year, as follows: Each unit price, hourly rates, and fee, as set forth the attached fee schedule, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco - Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI) , published most immediately preceding the commencement of the applicable contract year, compared with the CPI published for the prior year. Notwithstanding the foregoing, in no event shall CONSULTANT’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding contract year. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. CONSULTANT’s markup on work performed by any authorized subconsultant shall not exceed five percent (5%).
CONSULTANT’s schedule of rates is as follows:
Consultant Labor Categories 2024
Hourly Rate
Tanner Pacific, Inc.
Principal-in-Charge $325.00
Construction Manager $260.00
Project Engineer $130.00
Inspector $205.00
Inspector's Truck $7.50
Subconsultant Labor Categories 2024
Hourly Rate
Bay Area Coating Consultants, Inc.
NACE Coating Inspector:
Regular $115.20
Over Eight Hours/Saturdays $162.50
Sundays and Holidays $191.00
Truck/Equipment Charge $15.30
Note: Inspector shall be scheduled 24-hour in advance. Charges are four hours minimum.
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Subconsultant: Consolidated Engineering Laboratories
ENGINEERING SERVICES UNIT RATE UNIT
Principal/Principal Engineer $ 266.00 hour
Geotechnical Engineer $ 210.00 hour
Senior Engineer $ 210.00 hour
Metallurgical Engineer $ 210.00 hour
Project Engineer/Geologist $ 175.00 hour
Staff Engineer $ 180.00 hour
Assistant Engineer $ 134.00 hour
Field Supervisor $ 130.00 hour
Lab Technician $ 95.00 hour
INSPECTION SERVICES UNIT RATE UNIT
ICC/AWS Inspector with NDT Equipment $ 115.00 hour
ICC/AWS Inspector (Visual Only) $ 109.00 hour
ICC Certified Inspector $ 109.00 hour
Proofload Testing/Anchor Installation Inspector $ 109.00 hour Mechanical Inspector $ 129.00 hour
Electrical Inspector $ 129.00 hour
Plumbing Inspector $ 129.00 hour
OSHPD IFC Premier Certified Firestop Inspector $ 115.00 hour DSA Masonry/Shotcrete Inspector $ 115.00 hour
Waterproofing Technician $ 115.00 hour
Soils Inspector with Nuclear Gauge (Portal-to-Portal Charges Apply)
$ 109.00 hour
SPECIALIZED SERVICES UNIT RATE UNIT
Pachometer $ 181.00 hour
In-Place Brick Shear Tests (Masonry) - Two-Person Crew (4-hour minimum)
$ 210.00 hour
Ground Penetrating Radar (GPR)
- One Man Crew $ 240.00 hour
Floor Flatness Testing:
- Surveying/Inspection $ 212.00 hour
Phased Array Technician $ 135.00 hour
Profileograph Technician $ 135.00 hour
Profileograph Equipment Quotation on
Request
CORING SERVICES UNIT RATE UNIT
Coring Machine Operator $ 170.00 hour
Helper (add per hour) $ 95.00 hour
Diamond Drill Bit Charges, per inch to 5" $ 9.00 inch
Diamond Drill Bit Charges, per inch 6" and over Quotation on Request
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CONCRETE UNIT RATE* UNIT
Concrete Mix Design Review $ 345.00 each
Trial Batches, Prepared in Laboratory C192 $ 995.00 each Length Change of Concrete (Shrinkage), set of 3, ASTM C157, CT 530
$ 535.00 each
Compression, 6X12 Cylinders, ASTM C 39, CT 521 $ 45.00 each Compression 4x8 Cylinders ASTM C 39 $ 39.00 each
Compression, Core (including end preparation), ASTM C 42 $ 105.00 each Grout Compression, 2X2 Cubes, each age, ASTM C 109 $ 65.00 each Epoxy Grout 2x2 Cube Compression ASTM C 579 $ 65.00 each Cylinders, Stored 60 days (hold cylinders) $ 39.00 each Splitting Tensile Strength, 6X12 Cylinders, ASTM C 496 $ 150.00 each Unit Weight of Concrete Cylinders, ASTM C 567 $ 110.00 each Unit Weight of Lightweight Insulating Concrete, ASTM C 495 $ 110.00 each Compression Test of Lightweight Insulating Concrete, ASTM C 495 $ 120.00 each Flexural Strength of Concrete, ASTM C 78 $ 115.00 each
Shotcrete Pre-Production Panel Evaluation, Up to 12" Thick $ 1550.00 each Shotcrete Pre-Production Panel Evaluation, 12" to 24" Thick $ 2270.00 each Shotcrete Panel Core Compression - Panel Cored on Lab, ASTM C 1140
$ 120.00 each
Chloride Ion Content, AASHTO T260 $ 220.00 each
SOIL MECHANICS UNIT RATE* UNIT
Moisture/Density Curve
Standard Proctor ASTM D 698 $ 330.00 each
Modified Proctor ASTM D 1557 $ 350.00 each
Checkpoint (ASTM D 1557 or CT 216) $ 185.00 each
California Impact, CT 216 $ 370.00 each
Correction of Compaction for Oversize Material, ASTM D 4718/CT 216
$ 135.00 each
Sieve Analysis
Sieve Analysis, Bulk Sample Gradation 3" - No. 200, ASTM C 136/C 117/CT 202
$ 225.00 each
Material Finer than #200 Sieve, ASTM C 117/CT 202 $ 110.00 each Soil Mechanics
“R” Value, ASTM D 2844/CT 301 $ 480.00 each
Sand Equivalent, ASTM D 2419/CT 217 $ 150.00 each
Liquid Limit, Plastic Limit, & P.I. Atterberg Limits ASTM D 4318/CT 204
$ 240.00 each
California Bearing Ratio, 1 pt. (ASTM D1883) $ 305.00 each California Bearing Ratio, 3 pt. (ASTM D1883) $ 835.00 each California Bearing Ratio, 3 pt. (ASTM D1883) w/ 96 hour soak $ 950.00 each Moisture-Density Sample Tubes ASTM D 2937 $ 85.00 each
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Amendment No.1
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Pacific, Inc.; C21179265E
Item 2: Staff Report
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Water Content of Soil and Rock ASTM D 2216/CT 226 $ 65.00 each AGGREGATES UNIT RATE* UNIT
Sieve Analysis, Bulk Sample Gradation 3" - No. 200, ASTM C136/C117/CT202
$ 225.00 each
Sieve Analysis, Material Finer than #200 Sieve, ASTM C 117/CT202 $ 110.00 each Sieve Analysis, Coarse Agg (3" to #4), ASTM C136/CT 202 $ 190.00 each Sieve Analysis, Fine Agg (#4 to #200), ASTM C136/CT 202 $ 180.00 each Specific Gravity & Absorption Coarse Aggregate, ASTM C 127/CT 206
$ 160.00 each
Specific Gravity & Absorption Fine Aggregate, ASTM C 128/CT 207 $ 195.00 each Absorption, Coarse Agg or Fine Agg , ASTM C 127/ASTM C 128 $ 115.00 each Uncompacted Void Content of Fine Aggregate CT234 $ 180.00 each Organic Impurities in Concrete Fine Aggregate, ASTM C 40/ CT213 $ 140.00 each L.A. Rattler, ASTM C 131/CT 211 (100 rev & 500 rev) $ 370.00 each L.A. Rattler for Large-Size Coarse Aggregate, ASTM C 535/CT 211 (500 rev)
$ 420.00 each
Clay Lumps & Friable Particles ASTM C 142 $ 180.00 each Fractured Particles in Coarse Agg ASTM D 5821 $ 195.00 each Lightweight Particles in Aggregate ASTM C 123 $ 150.00 each Staining of Lightweight Aggregate ASTM C 641 $ 295.00 each Sulfate Soundness (per sieve size), ASTM C 88/CT 214 $ 160.00 each Unit Weight of Aggregates, ASTM C 29 $ 125.00 each
Flat and Elongated Particles in Coarse Aggregate, ASTM D4791 $ 210.00 each Percentage of Crushed Particles, CT 205 $ 280.00 each
Cleanness Value, CT 227 $ 180.00 each
Sand Equivalent, ASTM D 2419/CT 217 $ 150.00 each
Durability Index, Coarse or Fine Agg ASTM D 3744/CT 229 $ 160.00 each Durability Index, Coarse and Fine Agg ASTM D 3744/CT 229 $ 270.00 each Moisture Content of Aggregate ASTM C566 $ 65.00 each
Potential Alkali Reactivity of Aggregates ASTM C 1260 $ 1400.00 each C33 Coarse Aggregate Qualification Testing (ASTM C 33) $ 3475.00 each C33 Fine Aggregate Qualification Testing (ASTM C 33) $ 3125.00 each HOT MIX ASPHALT (HMA) UNIT RATE* UNIT
Hveem Compaction - Plant Mix per Point ASTM D 1561/ CT 304, CT 308
$ 110.00 each
Hveem Compaction - Lab Mix per Point ASTM D 1561/ CT 304, CT 308
$ 125.00 each
Bulk Sp. Gravity & Density of Compacted Asphalt Concrete ASTM D 2726/CT 308
$ 95.00 each
Bulk Sp.Gr.& Density-Parafilm Coated Compacted Asphalt Conc.
ASTM D 1188/CT 308
$ 105.00 each
Theoretical Max Spec. Gravity (Rice Density) ASTM D 2041/ CT 309
$ 195.00 each
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Amendment No.1
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Pacific, Inc.; C21179265E
Item 2: Staff Report
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Stabilometer Value including Compaction, ASTM D 1560/ CT 366, per point
$ 200.00 each
Asphalt Content (Ignition Oven Method) ASTM D 6307/ CT 382 $ 205.00 each Ignition Oven Calibration Factor for Asphalt Content ASTM D6307/ CT382
$ 315.00 each
Sieve Analysis of Extracted Aggregate, ASTM D5444/CT 202 $ 220.00 each Caltrans Complete HMA Tests (Rice or BSG, S-Value, Ignition, Extracted Gradation)
$ 1105.00 each
Marshall Compaction (Lab Mix), per point, ASTM D 6926 $ 150.00 each Marshall Compaction (Plant Mix), per point, ASTM D 6926 $ 125.00 each Marshall Flow and Stability, per point, ASTM D 6926 $ 100.00 each Effect of Moisture on AC (Tensile Strength Ratio) on Plant Mix ASTM D4867
$ 1985.00 each
Effect of Moisture on AC (Tensile Strength Ratio) on Lab Mix ASTM D4867
$ 2085.00 each
Swell of Bituminous Mixtures, CT 304/305 $ 255.00 each
ASPHALTIC CEMENT UNIT RATE* UNIT
Penetration of Bituminous Materials at 77°F, ASTM D5/AASHTO T49
$ 80.00 each
Penetration of Bituminous Materials at 32°F to 158°F, ASTM D 5/AASHTO T49
$ 115.00 each
Kinematic Viscosity of Asphalt, ASTM D 2170/AASHTO T201 $ 190.00 each Absolute Viscosity of Asphalt, ASTM D2170/AASHTO T201 $ 190.00 each Viscosity (Asphalt Institute Method) $ 215.00 each
Rolling Thin Film Test, ASTM 2872/Cal 346/AASHTO T240 $ 200.00 each Residue by Evaporation, ASTM D244/AASHTO T59 $ 240.00 each Extraction and Recovery, ASTM D2172/ASTM D 1856 $ 940.00 each MASONRY UNIT RATE* UNIT
Concrete Blocks
Compression, Gross Area, ASTM C 140 $ 125.00 each
Compression, Net Area, ASTM C 140 $ 115.00 each
Absorption and Moisture, ASTM C 140 $ 180.00 each
Linear Shrinkage ASTM C 426 $ 200.00 each
Dimensional Measurement of Masonry Units ASTM C 140 $ 80.00 each Bricks
Absorption, with saturation Coefficient, ASTM C 67 $ 125.00 each Compression, ASTM C 67 $ 115.00 each
Modulus of Rupture, ASTM C 67 $ 115.00 each
Grout
Compression, Grout Prisms, ASTM C 1019 $ 90.00 each
Compression, Mortar Cylinders, ASTM C 780 $ 70.00 each
Compression, Composite Prisms, ASTM C 1314 $ 215.00 each Compression, Masonry Core, ASTM C 140 $ 125.00 each
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Shear, Masonry Core, CCR Title 24 $ 135.00 each
REINFORCING STEEL - ASTM A 615/A706 UNIT RATE* UNIT
Tensile Strength and Bend Test
Samples, Size #3 - #10 $ 135.00 each
Samples, Size #11 $ 160.00 each
Samples, Size #14 $ 245.00 each
Samples, Size #18 (Full Section) $ 525.00 each
PRESTRESSING STEEL - ASTM A 416 UNIT RATE* UNIT
Uncoated 7 Wire Strand, 1/4" to 1/2"
Yield Strength, Breaking Strength, and Elongation (Note: for Vinyl Coated Strands, add $ 45.00 per test; for Modulus of Elasticity, add $ 45.00 per test)
$ 368.00 each
Breaking Strength Only $ 212.00 each
STRUCTURAL STEEL (mild steel not over one inch thick) UNIT RATE* UNIT Tensile Strength, ASTM A 370 (test only)
Samples, Under 1-1/2 square inch in cross section $ 187.50 each Samples, 1-1/2 square inch and over in cross section $ 228.00 each Chemical Analysis $ 206.00 each
Bending $ 88.00 each
Anchor Bolts, ASTM F1554, tensile $ 228.00 each
High Strength Bolts, Nuts, and Washers, ASTM A 325, A 490, A 449
Bolt Assembly Test $ 333.00 each
Bolts Proof Load and Ultimate $ 135.00 each
Nuts Proof Load $ 76.00 each
Hardness (Rockwell) $ 41.00 each
WELDMENT TESTING (mild steel not over one inch thick) UNIT RATE* UNIT Transverse Tensile $ 170.00 each
Transverse Side Bend $ 124.00 each
Transverse Root and Face Bend $ 124.00 each
Macroetch $ 124.00 each
0.505" Tensile Specimen $ 140.00 each
Charpy V-Notch Specimen $ 193.00 each
Preparation of WPS, PQR, or Welder Certificate $ 160.00 each
NONDESTRUCTIVE TESTING UNIT RATE UNIT
Radiography
Radiographic Testing-Weld Procedure Qualification (physical testing not included)
$ 550.00 each
Consultation $ 130.00 hour
One-Person Crew $ 130.00 hour
Film $ 20.00 each
Magnetic Particle Level III (ASNT) $ 140.00 hour
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Amendment No.1
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Magnetic Particle Level II (ASNT) $ 135.00 hour
Ultrasonic Level III (ASNT) $ 140.00 hour
Ultrasonic Level II (ASNT) $ 135.00 hour
Dye Penetrant Level III (ASNT) $ 140.00 hour
Dye Penetrant Level II (ASNT) $ 135.00 hour
ROOFING UNIT RATE* UNIT
Ply Count and Asphalt by Difference, ASTM D 2829 $ 160.00 each Weight Analysis, ASTM D 2829 $ 85.00 each
FIREPROOFING UNIT RATE* UNIT
Density of Sprayed on Fireproofing, ASTM E 605/UBC 43-8 $ 85.00 each Cohesion/Adhesion, ASTM E 736 $ 50.00 each
FIRE/LIFE SAFETY SYSTEMS UNIT RATE* UNIT
Fire/Life Safety Systems Inspection $ 140.00 hour
Mechanical Engineer $ 250.00 hour
Staff Engineer $ 190.00 hour
Final Affidavit (Request 6 Working Days Advance Notice) Quotation on Request
GEOTEXTILE FABRIC UNIT RATE* UNIT
Tensile Strength by Grab Method $ 370.00 each
Puncture Resistance, Index, ASTM D 4833 $ 254.00 each
Trapezoidal Tear $ 281.00 each
Mass Per Unit Area, ASTM D 3776 $ 188.00 each
Simulated Asphalt Retention, ASTM D 4830 $ 463.00 each
Unit Weight Analysis, ASTM S 2329 $ 80.00 each
Ply Count and Void Analysis, ASTM D 2329 $ 150.00 each
CEMENT UNIT RATE* UNIT
Storage of Grab Sample, 60 days $ 22.00 each
Cement Content of Hardened Concrete, ASTM C 1084 $ 2460.00 each GFRC PANEL TEST UNIT RATE* UNIT
Flexural Testing, per P.C.I Recommended Practice $ 71.00 each Pullout Testing of Anchors, per P.C.I. Recommended Practice $ 140.00 each Fiberwrap Testing (ASTM D3039) $ 735.00 set
SPECIALTY GEOTECHNICAL TESTING UNIT RATE UNIT
Sieve Analysis, Minus #200 by Wash ASTM D1140 $ 110.00 each Consolidation (ASTM D2435, D4546) $ 190.00 each
Time-Consolidation (ASTM D2435) $ 85.00 each
Collapse/Swell (ASTM D4546) $ 100.00 each
Unconfined Compressive Strength (ASTM D2166) $ 120.00 each Direct Shear (3 pt.) $ 1050.00 each
California Bearing Ratio, 1 pt. (ASTM D1883) $ 305.00 each California Bearing Ratio, 3 pt. (ASTM D1883) $ 835.00 each Water Soluble Sulfate $ 60.00 each
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Amendment No.1
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Pacific, Inc.; C21179265E
Item 2: Staff Report
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pH (ASTM D4972) $ 80.00 each
Lab Resistivity $ 100.00 each
MISCELLANEOUS GEOTECHNICAL CHARGES UNIT RATE UNIT
Vehicle Charges (Over 40-Mile Radius)
Truck, 2-Wheel Drive $ 0.50 mile
Truck, 4-Wheel Drive $ 0.60 mile
All Other Direct Project Expenses (such as contract drilling and backhoe services, special equipment rental, commercial travel, protective clothing, shipping, etc.)
Cost + 15%
Clerical Services $ 78.00 hour
MISCELLANEOUS TESTS & INSPECTIONS UNIT RATE UNIT
Calibration of Hydraulic Rams $ 250.00 each
Universal Testing Machine with Technician $ 275.00 hour Instron Testing Machine with Technician $ 275.00 hour
Windsor Test Probes Quotation on
Request
Weld Procedure Review $ 345.00 each
Expert Witness $ 3000.00 day
BASIS OF CHARGES UNIT RATE UNIT
Work Over 8 Hours Per Day Time and One-Half
Work Over 12 Hours, Monday through Friday Double Time
Work on Saturdays Time and One-Half
Work Over 8 Hours on Saturday Double Time
Work on Sundays/Holidays Double Time
Swing or Graveyard Shift Premium $ 12.50 hour
Work from 0 to 4 Hours 4-Hour Minimum
Billing
Work from 4 to 8 Hours 8-Hour Minimum
Billing
Show-Up Time 2-Hour Minimum
Billing
Same-Day Service Call Requests $ 200.00 each
Sample Pick-Up $ 95.00 trip
Premium Sample Pick-Up (after 4 PM, before 5 AM, Weekends and Holidays)
2 x Sample Pick-Up
Rate
Trip Charge $ 100.00 trip
Laboratory Testing - Rush Fee Add 50% to Testing
Cost
Technician with Nuclear Gauge Portal-to-Portal $ 95.00 trip Final Affidavit per each Applicable Permit (Request 6 working days in advance)
$ 500.00 each
DSA Interim Verified Reports $ 150.00 each
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Amendment No.1
Contract with Tanner
Pacific, Inc.; C21179265E
Item 2: Staff Report
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Extra Copies (Over 4 per Issue Date) of Inspection Reports and Final Affidavit
$ 20.00 each
Reports on CD $ 150.00 each
Project Engineering and Management 10% of Fees
Credit Card Payment of Fees 2.5% Premium
Certified Payroll Processing $125.00 per invoice
Reimbursables Cost + 15%
QA/QC Plan Written Procedures Quotation on
Request
Out of Area Services (Beyond 40-Mile Radius) As Listed Below:
Travel Time Basic Hourly Rate
Mileage $ 0.63 mile
Per-diem, Including Lodging $ 120.00 day
Note: * Based on standard turnaround times. Rush tests are an additional 50%.
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Amendment No.1
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ADDENDUM NO. TWELVE TO THE BASIC AGREEMENT BETWEEN THE CITY OF
PALO ALTO, THE CITY OF MOUNTAIN VIEW, AND THE CITY OF LOS ALTOS
FOR THE ACQUISITION, CONSTRUCTION AND MAINTENANCE OF A JOINT
SEWER SYSTEM
This Addendum No. Twelve (12) to the Basic Agreement for the Acquisition, Construction and Maintenance of a Joint Sewer System is made and entered into on TBD, 2023, by and among the CITY OF PALO ALTO (“Palo Alto”), the CITY OF MOUNTAIN VIEW (“Mountain View”), and the CITY OF LOS ALTOS (“Los Altos”) (individually, a “Party”, collectively, the “Parties”), all municipal corporations under the laws of the State of California.
RECITALS
A. The Parties have entered into that certain Basic Agreement Between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System, executed on October 10, 1968, as amended by the Addenda described below (collectively, the “Basic Agreement”). The Basic Agreement has been amended eleven times by addenda, as follows:
1. Addendum No. One (1) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of December 5, 1977;
2. Addendum No. Two (2) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of January 14, 1980;
3. Addendum No. Three (3) to an Agreement By and Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of April 9, 1985;
4. Addendum No. Four (4) to the Agreement By and Between the Cities of Mountain View, Los Altos, and Palo Alto as further amended and dated May 30, 1991;
5. Addendum No. Five (5) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of July 31, 1992;
6. Addendum No. Six (6) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of March 16, 1998;
7. Addendum No. Seven (7) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of April 15, 2009;
8. Addendum No. Eight (8) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System dated as of October 17, 2016;
9. Addendum No. Nine (9) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated March 4, 2019; Item 2
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10. Addendum No. Ten (10) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated May 17, 2021;
11. Addendum No. Eleven (11) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated December 5, 2022 (collectively, the “Addenda”).
B. Palo Alto owns and operates the sanitary sewage treatment and disposal works and system (the “Joint System”) pursuant to the Basic Agreement and is responsible for making capital additions to the Joint System. Under the Basic Agreement, any major capital additions for the replacement of obsolete or worn-out units require an agreement by the Parties amending the Basic Agreement.
C. The Parties now desire to construct the Joint Interceptor Sewer Rehabilitation Phase 1 Project and agree upon their respective shares of the project costs, as defined herein.
D. The project will install new liner on the joint sewer, improving its useful life and restoring its integrity, to ensure the Plant continues to safely convey raw sewage to the treatment plant.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Addendum No. Twelve (12), the Basic Agreement is hereby amended, as follows:
Section 1. Paragraph 43 is hereby added to the Basic Agreement to read, as follows:
“43. CONSTRUCTION AND IMPLEMENTATION OF THE 2023 JOINT
INTERCEPTOR SEWER REHABILITATION PHASE 1 PROJECT. Palo Alto and Mountain View and Los Altos hereby approve the construction of joint interceptor sewer rehabilitation – Phase 1 Project, or “Project”, which rehabilitates the lower section of the existing joint interceptor sewer, approximately 2,364 linear feet, from Manhole No. 4 to Influent Junction Box No. 0. The Project includes the cleaning of the pipeline, installation of new liner in the pipeline, and recoating manholes and junction boxes.
The installation of liner in the pipeline will decrease the pipeline diameter, however, the new liner provides a smoother surface profile for a slightly higher capacity. Flow capacity of the lined pipeline from Manhole No. 4 to the Influent Junction Box No. 0 is unchanged and will remain as listed at the peak wet weather capacity of 80 million gallons per day.
The term “Project Costs”, as used in this Paragraph means all costs incurred in the design and construction of the 2023 Joint Interceptor Sewer Rehabilitation – Phase 1 Project.
Without limiting the generality of the foregoing, Project Costs shall include, but not be limited to: design, engineering, and other consultants’ fees and costs, including fees incurred pursuant to agreements with engineers, contractors and other consulting, design Item 2
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and construction professionals; environmental analysis and approval costs, including cost of compliance with the California Environmental Quality Act; deposits, applicable permit fees; all costs to apply for and secure necessary permits from all required regional, state, and federal agencies; plan check fees, and inspection fees; construction costs; attorneys’ fees and costs; and costs of insurance.
The maximum amount of the Project Costs is $8.9 million. The Parties shall remain responsible for Project Costs incurred, whether before or after completion of the Project, in connection with the performance of the Project planning/design/construction contract(s), in the same proportion to each organization’s share.
Each Party shall pay its share, as listed below, of the Project Costs for the Project, excluding bypass pumping costs inside the Plant, in the proportion to the capacity rights in the Joint System presented herein with a not-to-exceed amount of $7,037,975. •Mountain View 62.50%
•Palo Alto 18.24%
•Los Altos 15.00%
•Los Altos Hills 4.26%
Each Party shall pay its share of the Project Costs for bypass pumping inside the Plant, and the share will be based on using the annual flow share calculated at the end of each fiscal year.
Mountain View and Los Altos shall pay their respective shares of any Project Costs within thirty (30) business days of receipt of the quarterly billing statement sent by Palo Alto. Palo Alto shall not send more than one invoice in any thirty-day period. If a Party disputes the correctness of an invoice, it shall pay the invoice in full and the dispute shall be resolved after payment in accordance with Section 19 of the Basic Agreement, and shall not offset against any payment due.
Section 2. Except as modified herein, the Basic Agreement shall remain unchanged, and is hereby ratified and confirmed.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Addendum as of the date first written above.
SIGNATURE PAGE:
CITY OF PALO ALTO CITY OF MOUNTAIN VIEW
APPROVED:
__________________________ __________________________
Mayor Kimbra McCarthy, City Manager
__________________________ __________________________
Date Date
____________________________ ATTEST:
City Manager
__________________________
ATTEST: Heather Glaser, City Clerk
____________________________ APPROVED AS TO CONTENT:
City Clerk
__________________________
Dawn Cameron, Public Works Director
____________________________
APPROVED AS TO FORM: ____________________________
Date
____________________________
City Attorney or Designee FINANCIAL APPROVAL:
____________________________
Date ____________________________
Derek Rampone
Finance and Administrative Services Director
APPROVED AS TO FORM:
____________________________
Mitesh Bhakta
Senior Assistant City Attorney
____________________________
Date
//
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//
//
CITY OF LOS ALTOS
BY:
____________________________
City Manager
Gabriel Engeland
____________________________
Date
ATTEST:
__________________________
City Clerk
Melissa Thurman, MMC
____________________________
Date
APPROVED AS TO FORM:
____________________________
City Attorney
Jolie Houston
____________________________
Date
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ATTACHMENT E
$8,082,470
$1,716,000
$852,500
$180,995
Agency Fixed Cost Share % Fixed Cost
City of Mountain View 62.50% $4,398,734
City of Palo Alto 18.24% $1,283,727
City of Los Altos 15.00% $1,055,696
Town of Los Altos Hills 4.26% $299,818
Subtotal: 100.00% $7,037,975
Agency Estimated Cost Share %* Estimated Cost
City of Mountain View 40.11% $760,885
City of Palo Alto 34.97% $663,379
City of Los Altos 10.88% $206,393
Town of Los Altos Hills 2.04% $38,699
East Palo Alto Sanitary District 5.53% $104,904
Stanford University 6.47% $122,736
Subtotal: 100.00% $1,896,995
Agency Estimated Total Cost
City of Mountain View $5,159,619
City of Palo Alto $1,947,106
City of Los Altos $1,262,089
Town of Los Altos Hills $338,516
East Palo Alto Sanitary District $104,904
Stanford University $122,736
Total, Not‐to‐Exceed: $8,934,970
* Estimate only (actual cost share will be determined after project completion based on wastewater flows and strength contributed by each partner for 2024).
Table E‐3. Not‐to‐Exceed Cost for Partners (Sum of Table E‐1 and E‐2) Table E‐1. Construction and Construction Management Cost (Less Bypass Pumping inside the Plant) Table E‐2. Construction and Construction Management Cost for Bypass Pumping inside the Plant Total construction cost, including additive alternates and 10% contingency (based on the lowest responsive bid price of $7,347,700 as shown in the proposed construction Contract No. C24189237).
Inside the plant bypass cost including 10% contingency (based on Bid Item No. 6 in the Bid Table submitted by the lowest responsive bid). Cost split between all partners is based on percentages shown in Table E‐2 below.
Total construction management (CM) cost with 10% contingency (based on Tanner Pacific's fee schedule of $775,000 [not‐to‐exceed value] in Amendment No.1 to Contract No. 21179265E)
CM cost for inside plant bypass pumping (cost split between all partners based on percentages shown in Table E‐2 below)
Item 2
Attachment E - Partner
Agencies Cost Share
Summary
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: December 11, 2023
Report #:2310-2162
TITLE
Approval of Contract Amendment Number 1 to Contract C23187506 with Momentum for Health to Extend Term by Eight (8) Months at No Additional Cost to the City, Revise the Not-to- Exceed Amount Down by $68,294 to $1,931,706 and Compensation Language, Provide Quarterly Invoicing, and Revise the Schedule of Rates; CEQA Status – Not a Project.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Amendment Number 1 to Contract C23187506 with Momentum for Health to extend term by eight (8) months through September 30, 2024, revise the not to exceed amount by lowering $1,931,706 and compensation language to match grant terminology, provide for quarterly invoicing and revise the schedule of rates (Attachment A).
BACKGROUND
In the wake of national conversation on policing, the City launched its Race and Equity framework which included many action items related to citywide diversity, equity, and inclusion as well as specific changes within the Police Department, as summarized in the April 3, 20231 Council report. While setting up its Psychiatric Emergency Response Team (PERT) program in 2020, the City Council expressed a desire to see additional investments in alternative response programs to divert lower acuity calls from law enforcement to mental health professionals or those with lived experience.2 A program in Oregon, known as CAHOOTS (Crisis Assistance 1 April 3, 2023, Council Consent Report.
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=1852&meetingTemplateType=2 2 Council Minutes October 26, 2020, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2020/october-26-2020-city-council-meeting-sense- minutes.pdf; Council Action Minutes November 16, 2020,
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Helping Out on the Streets)3, was generally seen as the best practice model for this work. Staff researched options related to alternative response programs for Palo Alto.
On July 16, 2021, Representative Anna Eshoo announced she was successful in securing $5 million for local projects in Palo Alto, including $2 million for the mental health alternative response pilot program.4 The City then applied to the related Notice of Funding Opportunity from the Substance Abuse and Mental Health Services Administration (SAMHSA) when it became available and received notice of award, totaling $2 million, in September 2022.
In November 2022, Santa Clara County launched that program, an alternative response program called TRUST (Trusted Response Urgent Response Team), serving three locations: San José, Gilroy, and North County. The North County location is operated by Momentum for Health and is based in Palo Alto. The County program is authorized for up to five years5 and consists of a call center team and three location-based, onsite field teams.
On April 3, 2023, City Council approved the acceptance of federal grant funding from SAMHSA to augment the North County TRUST with a pilot program and a contract with Momentum for Health to administer the program.6 The pilot program provides outreach and engages with the community to inform and educate about the new alternative response services, provides needed ongoing support to individuals in crisis, and trains individuals in mental health first aid to make referrals to behavioral health services and alternative response program/community mobile response. Ongoing support activities will include necessary follow-up after initial interactions, case management, and assistance in system navigation.
ANALYSIS
The grant agreement originally required the funding to be spent within 12 months of its award.
On October 3, 2023, SAMHSA granted the City of Palo Alto a 12-month extension of the deadline to expend the federal grant monies funding the pilot augmenting TRUST. The original contract with Momentum for Health is set to expire on January 31, 2024. Staff recommends extending the contract with Momentum for Health to mirror SAMHSA’s new deadline of September 2024. This will allow the pilot program time to be more fully implemented—e.g., 3 https://www.eugene-or.gov/4508/CAHOOTS
4 July 16, 2021, U.S. Rep. Eshoo, press release. https://eshoo.house.gov/media/press-releases/rep-eshoo-secures- funding-local-projects-expand-education-mitigate-traffic- and?utm_source=Coronavirus+Updates&utm_campaign=bf8b72539a- EMAIL_CAMPAIGN_2021_07_22_11_39&utm_medium=email&utm_term=0_d8eda03e5f-bf8b72539a- ; August 8, 2021, Council Info Report. https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2021/id-13474.pdf 5 The contract duration is four years but is authorized for one annual renewal. 6 April 3, 2023, Council Consent Report.
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increased time and opportunities for outreach encounters and education, case management, and mental health first aid trainings.
Additionally, this amendment accomplishes the following:
1. Adjusts the invoicing schedule.
Rather than following a monthly invoicing schedule, invoicing will occur quarterly. The complexity of navigating federal reimbursement and the multiple processes involved are time consuming. It is more time efficient to engage in this process quarterly.
2. Revises the compensation language.
The language in Exhibit C, Compensation does not mirror the language in the grant materials (i.e., the SAMHSA Detailed Budget). Staff has added language used with SAMHSA to increase clarity and reduce confusion.
3. Increases the rates for one position and adds one new position on the schedule of rates.
With the advent of a new fiscal year and to help address hiring challenges, the rate for promotores is being increased from $26.72 to $32.00.7 The original eight promotores proposed was ambitious and is being adjusted to six, particularly given the nationwide hiring challenges for mental health personnel. Staff believes these changes can be absorbed while still ensuring this work is within budget and meets the earmark goals and objectives. Additionally, when a program manager left Momentum, a program director stepped in and took up that work to ensure no gaps in service delivery. To account for this type of situation, the program director position has also been added to the schedule of rates.
4. Corrects an error relating to the contract amount.
The Momentum for Health contract amount of $1,931,706, as listed in the April 2023 staff report, is correct. The remainder of the $2,000,000 in earmark money, $68,294, is allocated for evaluation of the services Momentum is providing. The Momentum contract that was approved by Council in April 2023 incorrectly indicated the full earmark amount of $2,000,000. This amendment corrects that error and revises the Momentum contract to match the grant budget at a not-to-exceed amount of $1,931,706.
FISCAL/RESOURCE IMPACT
There is no additional fiscal impact to the City with the adoption of this Amendment Number 1 of the contract with Momentum Health. The contract is fully funded through existing federal earmark monies. Other resource impacts include percent of an existing staff person’s effort to manage compliance with SAMHSA guidelines and reporting, including successful implementation of the project’s goals and objectives. This effort is assigned to an Assistant to 7 Per SAMHSA, any changes less than 25 percent of the authorized funded amount do not require prior approval.
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the City Manager and represents approximately 0.10 full time equivalent (FTE) level of effort.
This does not change with this contract amendment.
STAKEHOLDER ENGAGEMENT
City staff continues to meet with Los Altos, Mountain View and County representatives, and provides regular updates to Los Altos and Mountain View representatives on the progress of the pilot.
ENVIRONMENTAL REVIEW
Council approval of the amendment to the contract does not constitute a project under the California Environmental Protection Act (CEQA).
ATTACHMENTS
Attachment A: Amendment No. 1 to Contract C23187506
APPROVED BY:
Ed Shikada, City Manager
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AMENDMENT NO. 1 TO CONTRACT NO. C23187506
BETWEEN THE CITY OF PALO ALTO AND
MOMENTUM FOR HEALTH
This Amendment No. 1 (this “Amendment”) to Contract No. C23187506 (the “Contract” as defined below) is entered into as of December 11, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and MOMENTUM FOR HEALTH , a California non-profit, located at 1922 The Alameda, San José, CA 95126. (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. T he Contract (as defined below) was entered into by and between the P arties to provide outreach and engage with the community to inform and educate residents about new alternative response services (Community Mobile Response Call Center and Onsite Field Teams) and provide case management to clients of those services in the Cit ies of Palo Alto , Mountain View, and Los Altos, the “Project”, as detailed therein.
B. The Parties now wish to amend the Contract in order to extend the term for eight months through September 30, 2024, at no additional cost to the City, to provide for quarterly invoicing, and to lower the not-to-exceed amount to $1,931,706 to comport with grant funding, as detailed herein.
C. The Parties now wish to amend the Contract in order to improve detail and clarity in Exhibit C and increase the schedule of rates as detailed in Exhibit C-1.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean C ontract No. C23187506 between CONSULTANT and CITY, dated April 3, 2023.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2. “TERM” of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through September 30, 2024, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.”
S ECTION 3. Section 4. “NOT TO EXCEED COMPENSATION” of the contract is hereby DocuSign Envelope ID: 92BC4C1A-6302-4741-86F4-155DBCAC9371 Item 3
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amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation str ucture detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Million, Nine Hundred Thirty-One Thousand, Seven Hundred and Six Dollars ($1,931,706).
The hourly schedule of rates, if applicable, is set out in Exhibit C -1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.”
SECTION 4. Section 5. “INVOICES” of the Contract is hereby amended to read as follows:
“In order to request payment, CONSULTANT shall submit quarterly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C -1.
If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.”
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 6. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the P arties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
MOMENTUM FOR HEALTH
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Title:
Attachments: EXHIBIT C, COMPENSATION, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) EXHIBIT C-1 SCHEDULE OF RATES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS)
DocuSign Envelope ID: 92BC4C1A-6302-4741-86F4-155DBCAC9371 President and CEO
David K Mineta
Theresa A Matacia
CFO
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EXHIBIT C
COMPENSATION, AMENDMENT NO.1
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. Where there is a question as to reimbursable expenses not otherwise addressed within this contract, the SAMHSA guidelines and regulations will govern.
All reimbursable expenses shall be consistent with SAMHSA guidelines, the City’s grant from SAMHSA Application/Award Number H79FG000738 and accompanying SAMHSA Detailed Budget and Narrative Justification.
In accordance with the SAMHSA award listed above, the expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are:
• Contractual travel costs (local travel/mileage),
• Contractual supplies costs (laptops, monitors, docking stations, mice and keyboards, cellphones, software licenses for Zoom and 8x8, copier rental and training materials), • Contractual other costs (office space rental, mental health first aid [MHFA] certification training, contract MHFA instructors), and
• Contractual indirect charges (costs incurred for common or joint objectives which cannot be readily identified with an individual project or program but are necessary for the operations of the organization) calculated at a rate of 15 percent.
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,AMENDMENT NO.1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT’s schedule of rates is as follows:
Position Rate Effective
April 3, 2023
Rate
Effective
June 12, 2023
Rate
Effective
October 30,
2023
Fringe
Benefits Rate
Promotore/as $26.72 $32.00 $33.21
25%
Mental health first aid
instructor
$33.55 $33.55 $33.55
Case manager $33.65 $33.65 $33.65
Program coordinator $46.80 $46.80 $46.80
Program manager $36.78 $36.78 $36.78
Program director $58.20 $58.20 $58.20
In addition to the above rates, the CONSULTANT shall also be compensated for fringe benefits (i.e., medical, health, dental, and other) at a rate of 25 percent and, when applicable, bilingual pay differential up to $125 per pay period.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: December 11, 2023
Report #:2308-1963
TITLE
Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.
RECOMMENDATION
Staff recommends that the City Council approve the attached Ordinance amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) to comply with various updates to state and federal laws. The ordinance will implement a sidewalk vending program, eliminate licenses for solicitors and peddlers, and amend outdated laws related secondhand dealers.
EXECUTIVE SUMMARY
This ordinance will bring the City into compliance with the Safe Sidewalk Vending Act, Senate Bill (SB) 946, which provides specific provisions for how local governments may regulate sidewalk vendors, and it is intended that local governments will adopt local rules that meet those provisions. Staff recommends regulation around the definition, location and operations of sidewalk vendors for community health, safety, and welfare. The absence of an updated code that meets the provisions of SB 946 currently prohibits the City from enforcing certain behaviors that impact these conditions. Should City Council adopt this ordinance, staff recommends an education-before-enforcement approach and anticipates that will resolve most, if not all, compliance issues. The Police Department would be responsible for education and enforcement.
In addition, this ordinance will also update other aspects of Title 4 (Business Licenses and Regulations) in order to comply with changes to the law and practices in the past several years.
Licenses will no longer be required for solicitors and peddlers, as well as certain types of Item 4
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mechanical amusements. Local law on secondhand dealers will now reference state law, which has largely taken over regulation of such businesses.
BACKGROUND
In 2018, the State of California enacted SB 946, which requires local agencies to allow sidewalk vendors. The law defines a sidewalk vendor as “...a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.” It further defines that a sidewalk vendor can be either stationary and/or roaming. See Gov. Code section 51036 et seq.
SB 946 prohibits local authorities from requiring a sidewalk vendor to operate within specific parts of the public right-of-way, except where that restriction is directly related to objective health, safety, or welfare concerns. SB 946 specifies that perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern. The law also prohibits restricting sidewalk vendors to operate only in a designated neighborhood or area, except where that restriction is directly related to objective health, safety, or welfare concerns. A local authority may prohibit stationary sidewalk vendors - defined as vendors who vend from a single location - in exclusively residential areas, but shall not prohibit roaming sidewalk vendors, who stop moving only to complete a sale. A local authority may also prohibit stationary sidewalk vendors from vending in a park only if that local authority has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.1
Staff has been responding to a recent modest increase in sidewalk vendor activity, predominantly during the evening and late-night hours in the downtown area. Complaints have focused on refuse left on private and public property, people dining in the parklets of closed restaurants, and carts blocking pedestrian traffic on a public sidewalk.
ANALYSIS
SB 946 provides an opportunity for the City Council to update the Palo Alto Municipal Code (PAMC) with regulations to protect the health, safety, and welfare of the community.
To align with State law, staff researched what other cities were legislating to address the issue.
Staff conducted an informal survey of the laws established by the cities of Burlingame, San Jose, Santa Cruz and Los Angeles. Each city created local laws, with how the laws are enforced varying by city. Palo Alto staff is confident that the terms of the proposed ordinance will address the concerns currently being reported, and that an education-first approach to enforcement is appropriate. If vendors remain non-compliant after education on the ordinance, the Police 1 SB-946 Sidewalk vendors 08/21/18- Senate Floor Analyses https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml# Item 4
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Department could issue an administrative citation as a last resort. Police Department response to these calls would be on a complaint basis only.
The proposed ordinance would include the following elements:
•Restrict the location of sidewalk vendors from being within 100 feet of:
▪Community markets such as swap meets and certified farmer’s markets ▪Locations with a temporary special event permit
▪Schools during instructional time
▪City-owned parks with concession contracts
•Restrict placement of operations where it would:
▪Impeded normal City business such as inspections
▪Block loading zones
▪Impede pedestrian access from curbside vehicles
▪Impeded ADA assistance features
▪Block access to crosswalks
▪Impede access to or the public’s enjoyment of City parks The City Manager may promulgate additional regulations regulating the size, placement, and operational requirements of sidewalk vendors. This will allow staff to address issues that may come up in the future, including those that relate to outdoor dining and parklets. The City has already developed regulations for parks in to protect the public’s enjoyment of the parks and prevent an undue concentration of vendors, as permitted by SB 946.2 If the City does not implement these changes to the municipal code and provide enforcement, the City could expect continued complaints about late-night sidewalk vendor activity. Refuse could continue to accumulate in or around public or private property.
Separately, several other sections of Title 4 (Business Licenses and Regulations) have been amended due to changes to state and federal laws, as well as to reflect current practices. First, licenses for solicitors and peddlers will no longer be mandated. Second, secondhand dealers will be subject to applicable state law, and local laws which are now redundant will be deleted. Third, mechanical amusement devices will no longer be regulated by the Police Department.
POLICY IMPACT
This work is consistent with the priorities the City Council adopted for FY 2023 and extended to FY 2024 around economic recovery and community health and safety. 2 See Parks and Recreation Commission packet
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FISCAL/RESOURCE IMPACT
The ordinance was prepared using existing City staffing resources. No additional staff or budget resources are necessary to adopt and codify the ordinance. If adopted, staff would be available to conduct community outreach regarding the new regulatory requirements; this too could be absorbed in the Police Department’s budget.
Police Department staff would be involved in the enforcement of this ordinance on a complaint basis, only because sidewalk vendor activity usually occurs on nights and weekends – beyond the customary work schedule of Code Enforcement staff in the Planning Department. Staff is not able to determine with any accuracy, how much time will be diverted from existing law enforcement activity, but it is not anticipated to be significant
Staff anticipates evaluating the enforcement needs of the program after the passage of the ordinance and, if appropriate, will return to the City Council with updates and additional resource needs through the budget process.
If the City Council were interested in directing staff from a department other than the Police Department to enforce this ordinance, additional fiscal impact analysis would be required. It is anticipated city enforcement would substantially impact the City’s Code Enforcement program, require additional managerial support in Planning, and have significant resource impacts to the City Attorney’s office.
The Municipal Fee schedule includes fees for pushcart vendor permit applications, but no applications have been received in the last five years, so the Department has not budgeted for the revenue nor collected the fees. The fee schedule will be updated in the next budget cycle to remove the pushcart fees. Staff is not recommending application fees for the newer sidewalk vendor activity at this time.
STAKEHOLDER ENGAGEMENT
The Parks and Recreation Commission met on May 25, 2021 and formed an ad hoc committee to draft regulations under the guidance of AB 9463. On September 28, 2021, the Commission approved the proposed regulations and recommended the City Manager approve the updated Open Space and Park Regulations to add new Regulation R1-41 (“Sidewalk Vendors”) (Attachment B) upon the City Council’s adoption of a sidewalk vendor ordinance.4 3 Parks and Recreation Commission, May 25, 2021, Item #4 https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9944&compileOutputType= 1 4 Parks and Recreation Commission, September 28, 2021, Item #5 https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9916&compileOutputType= 1 Item 4
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ENVIRONMENTAL REVIEW
Adoption of this ordinance is categorically exempt under CEQA guidelines 15301 (existing facilities) and 15323 (normal operations of facilities for public gatherings).
ATTACHMENTS
Attachment A: Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code
Attachment B: Park regulations - Recommended by the PRC September 28, 2021 APPROVED BY:
Andrew Binder, Police Chief
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*NOT YET APPROVED*
1 101_20231128_ts_24
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapters 4.10 (Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial Purposes), and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Regulate Sidewalk Vendors, Remove License Requirements for Solicitors and Peddlers, and Update Requirements for Secondhand Dealers
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. The City currently regulates various types of mobile and stationary vendors in Chapter
4.10 (Licenses Obtained by Application to Chief of Police), including solicitors, peddlers, and pushcart vendors;
B. In 2018, the State of California enacted SB 946, which regulates sidewalk vendors under state law (See Gov. Code section 51036 et seq.);
C. SB 946 permits local authorities, including charter cities like the City of Palo Alto, to regulate specific aspects of sidewalk vendors in accordance with the provisions of SB 946 (See Gov. Code section 51038(a));
D. SB 946 requires the City to allow sidewalk vendors to vend in City owned or operated parks unless the City has an exclusive concession agreement in that park (See Gov. Code section 51038(b)(2));
E. In order to protect the health, safety, and welfare of the City, the Council intends to regulate sidewalk vendors as detailed in this Ordinance.
F. In order to protect the health, safety, and welfare of the City, the Council intends to limit the operation of sidewalk vendors near schools during instructional hours to prevent distraction or interference with school instruction.
G. In addition, in order to comply with various other updates to the law, the City now intends to amend its requirements for solicitors, peddlers, and secondhand dealers.
SECTION 2. Chapter 4.10 (Licenses Obtained by Application to the Chief of Police) of Title 4 (Business Licenses and Regulations) is hereby amended as follows (additions are underlined, deletions are in strikethrough):
Chapter 4.10
Licenses Obtained by Application to Chief of Police
Solicitors, Peddlers, Pawnbrokers, Secondhand Dealers, and Other Businesses Regulated by Police
4.10.010 Application to chief of police.
(a) Applications for licenses for businesses described in this chapter shall be made to the chief of police and shall be sworn and in writing and shall contain be on a form designated by the Police Department. the following information:
(1) Name and description of the applicant;
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Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
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*NOT YET APPROVED*
2 101_20231128_ts_24
(2) Address (legal and local);
(3) A brief description of the nature of the business and the goods to be sold, and, in case of products of farm or orchard, whether produced or grown by the applicant; (4) If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(5) The length of time for which the right to do business is desired; (6) If a vehicle is to be used, a description of the same, together with California state vehicle license number or other means of identification;
(7) Applicants for solicitors' and peddlers' permits shall be fingerprinted and shall supply the chief of police with two photographs of the applicant within sixty days prior to the date of the filing of the applications, which pictures shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; (8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;
(9) Such other information as the chief of police may deem necessary for the proper police protection of the city.
4.10.020 Solicitor defined.
A "solicitor" is any person, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever, for future delivery, or for services, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not.
4.10.025 Peddler defined.
A "peddler" is a person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word "peddler" includes the words "hawker" and "huckster."
4.10.030 Pushcart defined. Reserved.
A "pushcart" is a wagon, cart or mobile stand, entitled under this chapter to a stationary location on a public sidewalk, and intended for the sale of flowers or food.
4.10.035 Pushcart vendor defined. Reserved.
A "pushcart vendor" is a person licensed pursuant to this chapter, who offers food intended for immediate consumption or flowers for sale from a wagon, cart or mobile stand from a stationary location on a public sidewalk.
4.10.040 License fees for solicitors and peddlers. Reserved.
A daily, quarterly, or annual fee for soliciting or peddling shall be levied. Additional licenses may be issued to employees of a license holder on the payment of an annual fee for each Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
7 Packet Pg. 71 of 368
*NOT YET APPROVED*
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employee after approval and investigation by the chief of police. All fees shall be as set forth in the municipal fee schedule.
4.10.045 License fees for pushcart vendors. Reserved.
A daily or quarterly fee shall be levied upon the owner of a pushcart. The owner of multiple pushcarts shall pay a fee and obtain a license for each pushcart. Additional licenses shall be issued to employees or lessees of a pushcart owner on the payment of an annual fee for each employee, after approval and investigation by the chief of police, or designee. All fees shall be as set forth in the municipal fee schedule.
4.10.050 Regulations for solicitors Solicitors and peddlers - regulations. (a) No peddler or solicitor, nor any person in his behalf, shall shout, make an outcry, blow a horn, ring a bell or use any sound device or musical instrument, including any loud-speaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposed to sell.
(b) No peddler or solicitor shall have any exclusive right to any location in the public streets, nor shall he be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this title, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (c) No person shall sell or offer for sale goods, wares or merchandise from vehicles upon any of the public streets of the city; provided, however, that the prohibition contained in this section does not include the peddling from door to door from vehicles of fresh food products of farm or garden, nor bona fide deliveries of goods, wares, merchandise or food made on a regular route to regular customers.
(d) No person shall solicit or peddle from six p.m. to nine a.m., or at any time when a sign has been posted on a building stating: "No solicitors or peddlers," except that a licensed solicitor or peddler may call upon the occupant of a residence at other times when he has received express prior permission from such occupant to do so.
(e) While soliciting or peddling, no person shall repr esent that all or a portion of the
proceeds from such solicitation or peddling will be used for charitable, religious, educational, community, recreational, political or similar nonprofit purpose or are to be transmitted to any person, firm or corporation for any such purpose unless such person is licensed under Chapter
4.30 of this code.
4.10.051 Reserved.
4.10.052 Reserved.
4.10.055 Identification cards for solicitors and peddlers. Reserved. (a) Contents. The holder of any peddler or solicitor license shall furnish each person engaged in the licensed activity with a suitable identification card or badge. The cards or badges shall contain such information as the chief of police deems necessary, but shall include at least the following:
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
8 Packet Pg. 72 of 368
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(1) The name of the licensee;
(2) The name of the main license holder, if different; (3) The nature of the licensed activity;
(4) The product or service being peddled or solicited. (b) Acts Required. Such cards or badges shall be produced on demand of the chief of police or any member of the police department. Immediately prior to each peddling or solicitation activity, every person licensed as a peddler or solicitor shall do all of the following in the order prescribed:
(1) Present his identification card or badge to the potential customer; (2) Request that the potential customer read the identification card or badge; (3) Inform the potential customer in clear language of the nature and purpose of the visit.
4.10.057 Regulations for pushcart vendors. Reserved.
Subject also to the regulations and procedures contained in Chapter 4.04, licenses may be granted to pushcart vendors in accordance with the following criteria and procedures:
(a) Use. Pushcart vendors shall be restricted to the sale of food intended for immediate consumption or flowers.
(b) Location and Clearance.
(1) Pushcart vendors shall be permitted on public sidewalks except:
(A) Within residentially zoned districts;
(B) Within one hundred feet of school sites;
(C) At locations adjacent to city libraries, community centers, the Cultural Center, public safety facilities and city-owned utility facilities;
(D) At locations adjacent to dedicated parks, other than sidewalks adjacent to Lytton Plaza and Cogswell Plaza; and
(E) On designated bicycle paths.
(2) Pushcart vendors shall be permitted in the area on the west side of Embarcadero Road adjacent to the Palo Alto Airport.
(3) No pushcart vendor shall be located in a manner that:
(A) Impedes access to any city inspection, maintenance and operational devices or controls; (B) Blocks curbside access to a loading zone, as defined in Section 10.40.010; (C) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk. (4) In areas zoned community commercial (CC), commercial downtown (CD) and in areas of the downtown zoned public facility (PF), no pushcart vendor shall be permitted within a minimum sidewalk clearance width of eight feet between fixed objects, planter wells and/or curbs. Other than in the above locations, the minimum sidewalk clearance width for a pushcart shall be at least half of the sidewalk but not less than three feet. (5) No pushcart vendor shall be permitted on a public sidewalk within a distance of ten feet from corner curb lines and corner crosswalks.
(6) No pushcart vendor shall be permitted to locate:
(A) Less than five feet from the nearest display window; or (B) Less than twenty-five feet from another pushcart vendor. (7) Except on sidewalks adjacent to Lytton Plaza, no food pushcart vendor shall be permitted to locate within one hundred feet of a restaurant or food market and no flower pushcart vendor shall be permitted to locate within one hundred feet of a flower or plant shop. On sidewalks adjacent to Lytton Plaza, a food pushcart vendor shall be located at least fifty feet Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
9 Packet Pg. 73 of 368
*NOT YET APPROVED*
5 101_20231128_ts_24
from a restaurant or food market and a flower pushcart vendor shall be located at least fifty feet from a flower or plant shop.
(8) In nonpublic sidewalk locations, a pushcart vendor shall be situated in a manner that does not obstruct traffic and that assures safe vehicular and customer access. (c) Size and Signage.
(1) A pushcart structure shall not exceed five feet in height and eight feet in length. (2) Soft umbrellas or canopies which are open on four sides shall be permitted but shall not exceed eight feet in height, measured from ground level. (3) All signs shall be placed on the pushcart structure; no signs shall be permitted on ancillary umbrellas or canopies. Freestanding signs, illuminated signs or flashing lights shall be prohibited.
(d) Operations.
(1) No pushcart vendor shall sell food or flowers from eight p.m. to seven a.m. The pushcart shall be removed from its assigned location by eight p.m. (2) No fires and open flame heating equipment, incidental to the operations of the pushcart, shall be permitted.
(3) No pushcart vendor shall shout, blow a horn, ring a bell or use any sound device or musical instrument, including any loud-speaking radio or sound-amplifying system, for the purpose of attracting attention to any goods or merchandise on sale from the pushcart. (4) No pushcart vendor shall represent that all or a portion of the proceeds from the pushcart sales will be used for charitable, religious, educational, community, recreational, political or similar nonprofit purpose or are to be transmitted to any person, firm or corporation for any such purpose unless such vendor is licensed under Chapter 4.30 of this code. (5) A pushcart vendor shall comply with all applicable federal, state or local laws including the regulations of the Santa Clara County health department. (e) License Application Issuance and Revocation. Procedures for the application for issuance of and revocation of a pushcart vendor license shall be in accord with the provisions of Chapter
4.04; provided, that the following additional regulations shall apply:
(1) The application shall contain a statement of intended use, a map showing location and clearance distances, and a sketch of the proposed pushcart showing dimensions and intended colors.
(2) The application shall include a certificate of insurance in an amount and form satisfactory to the city loss-control manager and a hold harmless and indemnity agreement in favor of the city.
(3) A complete application for a pushcart vendor license shall be reviewed by the city staff for a determination as to whether such application complies with the regulations contained in this chapter. Such review shall include a referral to the design staff of the department of planning and development services for review and comment. The design of the pushcart shall be evaluated on its own merits rather than for its compatibility with the character of nearby building facades.
(4) Conditions of approval may be imposed on pushcart vendor licenses where they are required for the maintenance of the public health, safety and welfare. (5) The chief of police, or designee, may revoke the pushcart vendor license if he or she determines that the conditions of the license or any provisions of this chapter are being violated, or if municipal use of the sidewalk is required for reasons of public safety or convenience. In the case of a revocation, the licensee shall be notified.
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
10 Packet Pg. 74 of 368
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(f) Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided by law. (g) Effect of Section. Pushcart vendors who have valid licenses on the effective date of this section, pursuant to prior regulations or guidelines applicable to peddlers, but whose pushcart structures exceed the size requirements contained in Section 4.10.057(c), shall be allowed to process license renewals and continue the use of the pushcart for a period not to exceed five years from the effective date of this section.
4.10.058 Reserved.
4.10.060 Reserved.
4.10.070 Circuses, carnivals and traveling shows– Fees. (a) Every person conducting a circus, carnival, traveling show, rodeo, or any other like or similar exhibition or amusement shall obtain a special event permit and pay a fee as set forth in the municipal fee schedule.
( b) The proprietor or manager of any circus, carnival or of any traveling show or device shall, in addition to the payment of the license fees required, deposit with the treasurer of the city either five thousand dollars in cash, lawful money of the United States, or a surety bond in the sum of five thousand dollars, issued by a surety company acceptable to the treasurer, to insure the payment to the city for any damage to city property occasioned by the operation of such circus, carnival or traveling show within the limits of the city, including damages occasioned by the entrance into or exit from the city by said circus, carnival or traveling show, and to insure the removal, within forty-eight hours after leaving the city, of any signs, placards or advertising matter placed upon any property within the city limits by the authority of any such persons.
4.10.080 Reserved.
4.10.090 License exemptions. Reserved.
(a) No license shall be required of the following:
(1) Any person who peddles to, or solicits orders from, a regularly established business in the city; provided, however, that the product or service sold must be for resale or use in the business;
(2) Any person who peddles or solicits orders for fresh food products of farm or garden grown by himself;
(3) Any person who solicits orders for newspapers to be delivered personally by himself on a regular route to customers or subscribers;
(4) Any person entitled to a license exemption under Chapter 4.04 of this title.
4.10.100 Fee exemptions under Business and Professions Code section 16001.
In order to claim a license fee exemption as a veteran, as specified in Sections 16001 and 16001.5 of the Business and Professions Code of the state, or any license fee exemption required by state or federal law, the applicant shall file with the city treasurer an affidavit or a declaration under penalty of perjury, on the form provided by him, establishing the facts entitling the applicant to such fee exemption. The treasurer City may require proof of such facts. The denial of the application and any appeal from such denial shall be governed by the procedures in Chapter 4.04 of this title.
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
11 Packet Pg. 75 of 368
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4.10.110 Mechanical amusement devices - Definitions. Reserved.
The following words and phrases, whenever used in this chapter, shall have the following definitions:
(a) "Arcade" means any establishment open to the public in which six or more mechanical amusement devices are located, or similar devices for which a consideration or admission fee is charged to play or operate, whether in conjunction with sales of goods, wares, merchandise, or services or otherwise, regardless of whether the use of such devices constitutes the principal or only business operated upon the premises involved.
(b) "Mechanical amusement device" means any machine or device which, upon the insertion of a coin, slug, or token in any slot or receptacle attached to said machine or connected therewith, operates or may be operated for use as a game, contest, or amusement, or which may be used for any such game, contest, or amusement. This term includes any similar device for which a fee or any consideration is charged to play, whether in conjunction with sales of other merchandise, goods, wares, or services, or otherwise. Machines which only play recorded music, provide a ride or dispense a uniform quantity of merchandise are not included under this definition.
4.10.120 Arcade prohibited - License required for mechanical amusement devices. Reserved.
No arcade shall be permitted in the city, except that any licensee may continue to install, operate or maintain the number of mechanical amusement devices located in such licensee's premises on May 8, 1977. The licensee or applicant therefor shall have the burden of establishing the precise number of mechanical amusement devices located in any premises on May 8, 1977, and any such license may be denied by the chief of police for failure to sustain such burden. No person shall install, operate, or maintain any mechanical amusement device, including those in existence or operation prior to May 8, 1977, without obtaining a license to do so on or before July 1, 1977, for the ensuing year. The provisions of Chapter 4.04 shall apply to all licenses required by this chapter and to the renewal, suspension, or revocation of licenses, and in all other respects, except as expressly provided herein to the contrary.
4.10.130 License application fee. Reserved.
Any application for any mechanical amusement device license required in this chapter, new or renewal, shall be accompanied by a nonrefundable fee as set in the municipal fee schedule. The application fee shall be used to defray, in part, the costs of investigation and report, and is not in lieu of any other fees or taxes required under this code. No fee shall be prorated for any reason.
4.10.140 License term - Nontransferability. Reserved.
Mechanical amusement device licenses required by this chapter shall be issued for one year, commencing July 1st of each year, and shall not be transferable.
4.10.150 Increased closing hours. Reserved.
In addition to any other remedy provided herein or by Chapter 4.04, the chief of police shall have the power, after hearing, for any violation of the duties of a licensee, to impose closing hours longer than otherwise provided for the business premises in which mechanical amusement devices are located. Such closing hours shall not constitute a penalty, and may be in addition to, or in whole or partial suspension of, any penalty provided elsewhere in this code.
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
12 Packet Pg. 76 of 368
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4.10.160 Reserved.
4.10.170 Reserved.
4.10.180 Reserved.
4.10.190 Reserved.
4.10.200 Pawnbrokers prohibited.
It is unlawful for anyone to carry on the business of pawnbroker within the city. For the purpose of this section, a pawnbroker shall have the same meaning as defined in California Financial Code section 21000.
4.10.210 Secondhand dealer defined.
"Secondhand dealer" means any person principally engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares and merchandise as defined in this chapter. shall have the same meaning as defined in California Business and Professions Code section 21625 et seq.
4.10.220 Secondhand goods, wares and merchandise tangible personal property defined. "Secondhand goods, wares and merchandise tangible personal property" shall not include rags, bottles other than milk or cream bottles, sacks other than cement sacks, barrels, cans, shoes, books, lamps, stoves or household or office furniture, with the exception of sewing machines, musical instruments, typewriters, portable radios and televisions or any motor vehicle, trailer, or semitrailer which has been registered in California, as required by law. shall have the same meaning as defined in California Business and Professions Code section 21625 et seq.
4.10.225 Secondhand dealer – license required.
A license is required to operate as a secondhand dealer. Applications must be made the Chief of Police and are subject to all requirements in state and local law, including Business and Professions Code section 21625 et seq. and the provisions of this Chapter. Any fee authorized by the Municipal Fee Schedule and/or state law must be paid prior to issuance of the license.
4.10.230 Daily report of purchases by secondhand dealer Secondhand dealers - regulations.
Secondhand dealers must follow all applicable laws, including Business and Professions Code section 21625 et seq.
(a) Every secondhand dealer shall, on each day, except Sundays and legal holidays, before the hour of ten a.m., make and deliver to the chief of police in writing a full, true and complete report, in chronological order, of all dealings in secondhand goods, wares and merchandise by such secondhand dealer within the city during the twenty-four hours next preceding said report, together with the time of day when purchased or received, a complete description of each article purchased or received, and a description of the person or persons from whom purchased or received or with whom dealt, and also the true name of such person or persons as nearly as the same is known to or can be ascertained by the person making such report. If any such article purchased or received has engraved or stamped thereon any number, word or Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
13 Packet Pg. 77 of 368
*NOT YET APPROVED*
9 101_20231128_ts_24
initial, or contains any setting of any kind, the description of such article shall contain such number, word or initial, and shall show the kind of setting or settings and the number of each kind.
(b) The report required in this section shall be made upon a form to be furnished free of charge by the chief of police. The chief of police shall cause blank forms to be printed containing spaces with the proper captions for the furnishing of the information required by this chapter.
(c) The chief of police, upon receipt of said report, shall file the same in some secure place in his office, and the reports shall be open to inspection only to members of the police department, or any other law enforcement agency, or by others upon an order of a court of competent jurisdiction made for that purpose.
4.10.240 Copies of report kept by dealer. Reserved.
Every secondhand dealer shall keep at his place of business a copy of every report required by Section 4.10.230 hereof, and such copy shall be open at all times during business hours to the inspection of the chief of police or any member of the police department or any officer authorized by law. The report shall be in book form, and each transaction shall be kept in chronological order.
4.10.250 Reports and records in English language. Reserved.
Every report and record required by the provisions of this chapter to be filed, kept or made shall be written or printed entirely in the English language in a clear and legible manner and shall be made out at the time the transaction is made.
4.10.260 Failure to make report. Reserved.
It is unlawful for any secondhand dealer or for any agent or employee of such secondhand dealer to fail, refuse, or neglect to file a report, as required herein, in the manner, form, at the time and in all respects in accordance with the requirements of this chapter, or to fail, refuse, or neglect to exhibit to the chief of police, or to any member of the police department, or to any officer authorized by law, immediately upon demand, any such record or report, or any goods, wares, and merchandise so purchased or received by such secondhand dealer, or by any agent or employee of such secondhand dealer.
4.10.270 Goods held for inspection. Reserved.
All goods, wares and merchandise purchased or received by any secondhand dealer shall be held for a period of at least twenty days after purchase or receipt before the same shall be sold or otherwise disposed of, and during such twenty-day period all such property shall be kept separate and apart from all other goods, wares and merchandise upon the premises in the possession of such secondhand dealer, and all such property shall, during said twenty-day period, be kept and exposed for police inspection during business hours.
4.10.280 Exemptions. Reserved.
(a) The provisions of this chapter shall not apply to secondhand goods, wares and merchandise:
(1) Purchased at a public sale or auction;
(2) Purchased from any person holding a State Board of Equalization permit number as a seller;
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
14 Packet Pg. 78 of 368
*NOT YET APPROVED*
10 101_20231128_ts_24
(3) Accepted in trade on the purchase of new merchandise; (4) Received or purchased by any religious, charitable, civic or fraternal organization for purposes of resale.
SECTION 3. Title 4 (Business Licenses and Regulations) is hereby amended to add a new Chapter 4.12 (Sidewalk Vendors) to read as follows:
4.12.010 Purpose
This Chapter 4.12 implements a sidewalk vendor program as permitted by Government Code Section 51306 et seq.
4.12.020 Definitions
(a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other City-owned pedestrian path. (b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
4.12.030 General
Sidewalk vendors are permitted except:
(a) Within 100 feet of the outer perimeter of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(b) Within 100 feet of the outer perimeter of an area designated for a temporary special permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this subsection, a temporary special permit is a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this subsection shall only be effective for the limited duration of the temporary special permit. (c) Within 100 feet of the outer perimeter of a school during in-person instructional time. (d) Within zones that are exclusively residential as defined in Chapter 18 (Zoning) of the Palo Alto Municipal Code. This subsection (d) shall only apply to stationary sidewalk vendors. (e) In City owned or operated parks in which the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
15 Packet Pg. 79 of 368
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4.12.040 Placement and Operation Requirements
(a) No sidewalk vendor shall be located in a manner that:
(1) Impedes access to any city inspection, maintenance and operational devices or controls; (2) Blocks curbside access to a loading zone, as defined in Section 10.40.010; (3) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk; (4) Impedes the use of sidewalk bumps or other tactile paving by use of the visually impaired; (5) Impedes access to a driveway;
(6) Is situated between a duly permitted parklet or other on -street use and the adjacent storefront
(b) No sidewalk vendor shall be permitted on a public sidewalk within a distance of ten feet from corner curb lines and corner crosswalks.
(c) In areas zoned community commercial (CC), commercial downtown (CD) and in areas of the downtown zoned public facility (PF), no sidewalk vendor shall be permitted within a minimum sidewalk clearance width of eight feet between fixed objects, planter wells and/or curbs. Other than in the above locations, the minimum sidewalk clearance width for a sidewalk vendor shall be at least half of the sidewalk but not less than three feet. (d) Sidewalk vendors shall be considered “retail” businesses for the purpose of Sect ion
18.23.040 (Late Night Uses and Activities) and shall be subject to its provisions. Sidewalk vendors in violation of Section 18.23.040 shall be subject to the penalties in Section
4.12.060.
(e) Sidewalk vendors shall possess a valid California Department of Tax and Fee Administration seller’s permit and any other permit or license required by law , including a permit from the County of Santa Clara for mobile food facilities, if applicable. (f) Sidewalk vendors shall follow all other generally applicable laws. (g) The City Manager or designee may promulgate regulations regarding the size, placement, safety, and operational requirements or restrictions of sidewalk vendors.
4.12.050 Sidewalk Vendors in Parks
(a) Notwithstanding Section 22.04.160 (Commercial activities and solicitation), a sidewalk vendor may operate in City parks, including those dedicated in Chapter 22.08 (Park Dedications), unless specifically restricted pursuant to statute or regulation. (b) Following the procedure in Section 22.04.030 (Compliance Required), the City Manager may promulgate regulations regulating the time, place, and manner of sidewalk vending in parks owned or operated by the City if the requirements are any of the following:
(1) Directly related to objective health, safety, or welfare concerns; (2) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or
(3) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. (c) It shall be a violation for any person to violate any provision in the regulations authorized by subsection (b) of this section. Violators will be subject to the penalties in Section 4.12.060.
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
16 Packet Pg. 80 of 368
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4.12.060 Violations and Penalties
(a) A person found to be in violation of any of the provisions of this Chapter 4.12 or any regulations authorized by this Chapter shall be subject to the following penalties:
(1) An administrative fine of one hundred dollars ($100) for a first violation. (2) An administrative fine of two hundred dollars ($200) for a second violation within one year of the first violation.
(3) An administrative fine of five hundred dollars ($500) for each additional violation within one year of the first violation.
(4) The City may prohibit a sidewalk vendor from operating in the City for one year upon the fourth violation or subsequent violations within one year of the first violation in addition to an administrative fine of five hundred dollars ($500).
(b) Failure to pay an administrative fine pursuant to subdivision (a) or (b) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) and (b) shall not be assessed. (c) When assessing an administrative fine pursuant to subdivision (a) and (b), the hearing officer shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.
The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(d) If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivisions (a) and (b). (e) The hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
SECTION 4. Chapter 4.30 (Soliciting Funds) of Title 4 (Business Licenses and Regulations) is hereby amended as follows (additions are underlined, deletions are in strikethrough):
4.30.010 Permit required. Reserved.
No person shall solicit within the city for a contribution of funds for a charitable, political, religious, educational, community, recreational or similar nonprofit purpose by means of calling upon places of residence or business, or by means of direct personal contact in public places or upon public property without obtaining a permit as provided in this chapter. Any peddling or soliciting as defined in Chapter 4.10, by means of representation that all or a portion of the proceeds thereof are to be used for a charitable or similar nonprofit purpose or are to be transmitted to any person, firm or corporation for any such purpose is unlawful unless a permit has been first obtained as provided in this chapter.
4.30.020 Exceptions to permit requirements. Reserved. (a) The provisions of this chapter, except for Section 4.30.100, shall not be applicable to:
(1) Solicitations by one member of an organization to another when the solicitation is conducted for that same organization;
(2) Political committees for which the Secretary of State has assigned an identification number pursuant to the Political Reform Act (California Government Code Section 84101).
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
17 Packet Pg. 81 of 368
*NOT YET APPROVED*
13 101_20231128_ts_24
4.30.030 Application. Reserved.
(a) Application for a permit to solicit shall be made to the chief of police at least ten business days prior to the time of the proposed effective date of the permit; provided, however, that the chief of police, for good cause shown, may allow the filing of an application less than ten business days before such date. The application shall contain the following information or, in lieu thereof, a detailed statement of the reason why such information cannot be furnished:
(1) The name and address or headquarters of the person applying for the permit, and of the organization on whose behalf the solicitation is conducted; (2) If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation; (3) The purpose for which the solicitation is to be made; (4) The names, addresses and phone numbers of the persons who will be in direct charge of conducting the solicitation;
(5) The time when such solicitation shall be made, giving the preferred dates for the beginning and ending of such solicitation;
(6) A copy of the Franchise Tax Board determination exempting the organization from tax under California Revenue and Taxation Code Section 23701, or a statement indicating that the organization does not have tax-exempt status;
(7) A statement indicating whether any of the solicitors are salaried or commissioned. (b) If, while any application is pending or during the term of any permit granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the chief of police in writing thereof within twenty-four hours after such change.
4.30.040 Issuance of permits. Reserved.
Prior to the date on which the solicitation is to begin, the chief of police or a designee shall issue the permit unless the information required by Section 4.30.030 has not been provided. If the permit is denied for failure to comply with Section 4.30.030, the applicant shall be granted a permit immediately upon compliance with its requirements.
4.30.050 Suspension and revocation of permits. Reserved. (a) Definitions.
(1) "Suspension" means that the permit is temporarily withdrawn and is reinstated when the suspension period ends.
(2) "Revocation" means that the permit is terminated and that a new permit may not be obtained until the original permit period ends.
(b) Grounds for Suspension or Revocation. The permit may be suspended or revoked in accordance with the procedures specified in Section 4.30.060 for a violation of this chapter or for any one of the following reasons:
(1) Failure to comply with the requirements of California Business and Professions Code Section 17510.3 during the solicitation;
(2) The permit holder or any of the persons involved in the solicitation is found by a court to have engaged, during the solicitation, in fraudulent activity, violation of trespass statutes, or crimes of violence;
(3) The applicant has intentionally misrepresented a material fact on the application; Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
18 Packet Pg. 82 of 368
*NOT YET APPROVED*
14 101_20231128_ts_24
(4) The solicitation is not authorized by the organization or its officers and managers as listed on the application.
4.30.060 Procedures for suspension or revocation of permit. Reserved. (a) Notice of Hearing. A notice of the hearing shall be given to the permittee by the city manager in writing, setting forth the time and place of the hearing, the ground or grounds upon which the hearing is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the permittee at the address listed on the permit application, or it shall be delivered to the permittee personally, at least ten days prior to the hearing date. (b) Hearing Rules. All parties involved shall have the right to other testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine any witnesses against them. Any hearing under this title may be continued for a reasonable time for the convenience of a party or a witness. (c) Disposition of the Case.
(1) Disciplinary Action. If the city manager, after the hearing, finds that cause exists for disciplinary action, either a warning, or a suspension or revocation of the permit may be imposed.
(2) Transmittal of Decision. Within ten days of the hearing the city manager shall render an opinion in writing, stating findings and the action taken, if any. This opinion shall be mailed, postage prepaid, to the permittee or delivered to the permittee personally. (d) No Appeal. The decision of the city manager shall be final.
4.30.070 Permit time limit - Renewal. Reserved.
Permits issued pursuant to this chapter shall be valid a maximum of ninety days only, and no person shall solicit with an expired permit. The chief of police shall prescribe procedures and standards for the renewal of such permits, except that such standards and procedures shall not be stricter than those required for the original issuance of the permit. Each renewal period shall be for a maximum of ninety days.
4.30.080 Identification cards. Reserved.
(a) The permittee shall furnish each person engaged in the solicitation activity in question with a suitable identification card or badge. The cards or badges shall contain the following:
(1) The name of the individual solicitor;
(2) The name of the permittee, if different;
(3) The purpose of the solicitation activity.
4.30.090 Identification cards to be carried and produced. Reserved.
Any identification card or badge issued hereunder shall be kept on the person to whom it is issued at all times during such solicitation. Such card or badge shall be presented when any solicitation is made and shall be produced upon demand of the chief of police or any member of the police department.
4.30.100 Conduct of solicitations.
(a) No person shall solicit funds at any time at any building where there is a posted sign stating "No solicitors," or words to that effect, except that a licensed solicitor may call upon an Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
19 Packet Pg. 83 of 368
*NOT YET APPROVED*
15 101_20231128_ts_24
occupant of a building when he has received express prior permission from such occupant to do so.
(b) No person shall solicit funds in any congested area where the solicitation activity impedes the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded.
4.30.110 Severability.
If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions, and clauses of this chapter are declared to be severable.
SECTION 5. Chapter 4.32 (Soliciting Information for Commercial Purposes) of Title 4 (Business Licenses and Regulations) is hereby amended as follows (additions are underlined, deletions are in strikethrough):
4.32.010 Definitions.
(a) For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:
(1) "Interviewee" means a person from whom information is requested by a solicitor as defined in this chapter.
(2) "Soliciting" means requesting information on the background, occupation, economic status, social status, religious status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings, or the like of another person for the purpose of compiling such information as raw data or refined data into a document, record, book, or directory to be sold, or to be used wholly or in part for a commercial purpose. (3) "Solicitor" means the person soliciting as defined in this chapter.
4.32.020 Permit required for solicitors. Reserved.
A permit is required for every person or organization which engages in soliciting information by means of calling upon places of residence or by means of direct personal contact in public places or upon public property. One permit may be obtained by an organization to cover the individual solicitors for the organization. Any peddling or soliciting, as defined in Chapter 4.10, which is carried on in connection with said solicitation of information is unlawful unless a permit also has been obtained as provided in Chapter 4.10.
4.32.030 Exceptions. Reserved.
(a) The provisions of this chapter shall not apply to the following:
(1) Any news-gathering activity for a bona fide news medium; (2) Any solicitation of information for a telephone book by a telephone company.
4.32.040 Application. Reserved.
(a) Application for a permit to solicit information shall be made to the chief of police at least fifteen days prior to the time of the proposed effective date of the permit; provided, however, that the chief of police, for good cause shown, may allow the filing of an application less than fifteen days before such date. The application shall contain the following information or, in lieu thereof, a detailed statement of reasons why such information cannot be furnished:
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
20 Packet Pg. 84 of 368
*NOT YET APPROVED*
16 101_20231128_ts_24
(1) The name, address, or headquarters of the person applying for the permit; (2) If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of the applicant's record;
(3) The purpose for which the solicitation is to be made and the use or disposition to be made of any information therefrom;
(4) The names and addresses of the persons to whom the information solicited will be sent; (5) The names and addresses of the persons who will be in direct charge of conducting this solicitation and the names of all promoters connected, or to be connected, with the proposed solicitation;
(6) An outline of the methods to be used in conducting the solicitation; (7) The time when such solicitation shall be made, giving the preferred dates for the beginning and ending of such solicitation;
(8) A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city or by any department or officer thereof; (9) Such other information as may be reasonably required by the chief of police in order for him to determine the kind and character of the proposed solicitation and whether such solicitation is not inimical to the public welfare. If, while any application is pending or during the term of any permit grained thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the chief of police in writing thereof within twenty-four hours after such change.
4.32.050 Permit fees. Reserved.
A fee for a permit to solicit information shall be levied as set forth in the municipal fee schedule.
4.32.060 Investigation of books and records. Reserved.
Upon the request of the chief of police or his designee at any time before the permit is issued, during the time the permit is in effect, or after the permit has expired, the applicant shall make available at the Civic Center or at any other reasonable location specified by the chief of police or his designee such nonprivileged books, records, and papers as may be required to investigate the matters relevant to the permit.
4.32.070 Standards for issuance of permits. Reserved.
The chief of police or his designee shall issue the permit unless he has cause for denying the permit application or issuing a probationary permit as specified in Chapter 4.04.
4.32.080 Identification cards. Reserved.
(a) The permittee shall furnish each person engaged in the soliciting activity in question with a suitable identification card or badge. The cards or badges shall contain such information as the chief of police deems necessary, but shall include at least the following:
(1) The name of the individual solicitor;
(2) The name of the permittee, if different;
(3) The purpose of the solicitation activity;
(4) A statement that the interviewee is not required to provide any or all of the information solicited.
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
21 Packet Pg. 85 of 368
*NOT YET APPROVED*
17 101_20231128_ts_24
Such cards or badges shall be produced on demand of the chief of police or any member of the police department.
4.32.090 Acts required during each solicitation. Reserved. (a) Immediately prior to any request for information, each solicitor shall do all of the following in the order prescribed:
(1) Present his identification card or badge to the interviewee; (2) Request the interviewee to read the identification card or badge; (3) Inform the interviewee in clear language of the nature and purpose of the solicitation and whether he is representing a governmental entity or whether he is representing a private person or organization;
(4) Inform the interviewee that the interviewee need not provide any or all of the information the solicitor requests.
4.32.100 Restrictions on methods of solicitation.
(a) It shall be unlawful for a solicitor to do any of the following:
(1) Falsely represent, directly or by implication, that the information is being solicited on behalf of a governmental organization;
(2) Threaten, directly or by implication, that the information requested will be solicited from sources other than the interviewee if the interviewee does not provide the information; (3) Without the express prior permission of an occupant, solicit at any residence address or apartment complex where there is posted a sign stating: "No solicitors or peddlers."
4.32.110 Hours of solicitation.
No person shall solicit information from six p.m. to nine a.m.; provided, however, a solicitor may call upon the occupant of a residence during such hours when he has received express prior permission from such occupant to do so.
SECTION 6. 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 7. The Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15323 (Normal Operations of Facilities for Public Gatherings).
//
//
//
//
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
22 Packet Pg. 86 of 368
*NOT YET APPROVED*
18 101_20231128_ts_24
SECTION 8. This Ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Chief of Police
____________________________
Director of Community Services
Item 4
Attachment A - Ordinance
Amending Chapters 4.10
(Licenses Obtained by
Application to Chief of
Police), 4.30 (Soliciting
Funds), and Chapter 4.32
(Soliciting Information for
Commercial Purposes);
and Adding Chapter 4.12
to Title 4 (Business
Licenses and Regulations)
of the Palo Alto Municipal
Code
Item 4: Staff Report
Pg.
23 Packet Pg. 87 of 368
Attachment B
City of Palo Alto
PARK AND OPEN SPACE REGULATIONS
(Last Updated February 2021)
Contents
R1-1. DEFINITIONS..................................................................................................................12 R1-2. APPLICABILITY ..............................................................................................................12 R1-3. CLOSURE OF FACILITIES - AUTHORITY ......................................................................12 R1-4. CONTENTS OF PERMIT APPLICATION; SUBMISSION ................................................13 R1-5. ACTION ON PERMIT APPLICATION ..............................................................................13 R1-6. FOOTHILLS PARK – RESERVATIONS AND VEHICLE ENTRY .....................................14 R1-7. PERMIT – EXHIBITION ...................................................................................................14 R1-8. HOURS OF PARK CLOSURE .........................................................................................14 R1-9. HAZARDOUS GAMES OR ACTIVITIES ..........................................................................15 R1-9A. USE OF METAL DETECTORS IN PARKS ................................................................... 15 R1-10. PICNIC SITE USAGE ....................................................................................................15 R1-10A. LYTTON, COGSWELL AND KING PLAZA..................................................................15 R1-10B. LYTTON PLAZA NOISE REGULATION ......................................................................16 R1-11. RACQUET COURT (TENNIS AND PICKLEBALL) USAGE ...........................................17 R1-12. ATHLETIC FIELD USE ..................................................................................................17 R1-13. PEERS PARK AND JOHNSON PARK VOLLEYBALL USE ...........................................18 R1-14. SKATEBOARD FACILITY .............................................................................................18 R1-15. GOLF COURSE ............................................................................................................18 R1-16. SWIMMING ...................................................................................................................19 R1-17. BOAT USE ....................................................................................................................20 R1-18. BICYCLES, SKATEBOARDS AND ROLLER SKATES ..................................................21 R1-19. HUMAN FLIGHT ...........................................................................................................21 R1-20. TRAIL USE SPEED LIMITS ..........................................................................................21 R1-20A. USE OF DESIGNATED TRAILS, PATHS AND RECREATIONAL LAWN AREAS IN OPEN SPACE LANDS ..............................................................................................................21 R1-21. COMMERCIAL ACTIVITIES AND SOLICITATION ........................................................21 R1-21A. COMMERCIAL PHOTOGRAPHY AND FILMING .......................................................22 R1-22. RESTROOMS ...............................................................................................................22 R1-23. UNAUTHORIZED USE OF KEYS OR LOCKS ..............................................................22 R1-24. WATER POLLUTION ....................................................................................................23 Item 4
Attachment B - Adopted
Park regulations-
September-28-2021
Item 4: Staff Report
Pg.
24 Packet Pg. 88 of 368
R1-25. HARMFUL SUBSTANCES ............................................................................................ 23 R1-26. LITTERING ...................................................................................................................23 R1-27. DISPOSAL OF EFFLUENT ...........................................................................................23 R1-28. SMOKING .....................................................................................................................23 R1-29. FIREWORKS.................................................................................................................24 R1-30. ANIMALS ......................................................................................................................24 R1-31. NUISANCE DOGS ........................................................................................................25 R1-32. DOG EXERCISE AREA ................................................................................................25 R1-33. UNAUTHORIZED CONSTRUCTION ACTIVITIES ........................................................25 R1-34. USE OF UTILITIES .......................................................................................................25 R1-35. GATHERING WOOD IN OPEN SPACE AREAS ...........................................................26 R1-36. PARKING RESTRICTIONS ...........................................................................................26 R1-37. OPERATION OF MOTOR VEHICLES ...........................................................................26 R1-37A. VEHICLE WEIGHT LIMIT ON BAYLANDS ROADS AND PARKING LOTS ................27 R1-38. VIOLATION – PENALTY ...............................................................................................27 R1-39. PLAYGROUNDS ...........................................................................................................27 R1-40. COMMUNITY GARDENS ..............................................................................................27 R1-41. SIDEWALK VENDORS ................................................................................................. 27
R1-1. DEFINITIONS
The following words and phrases, whenever used in these regulations, shall be construed as defined in these regulations.
A. "City" means the City of Palo Alto.
B. "department" means the Community Services Department of the City.
C. "facility" or "park facility" means any body of water, land, campsite, garden, trail, levee, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the Community Services Department.
D. “director” means the Director of Community Services of the City.
R1-2. APPLICABILITY
The provisions of these regulations apply to all facilities under the jurisdiction of the Community Services Department.
R1-3. CLOSURE OF FACILITIES - AUTHORITY
The director shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when he or she determines that conditions exist in said facility or portion thereof whi ch presents a hazard to the facility or to public safety.
No person shall use, enter or remain in any facility, Park or Open Space which has been posted as being closed under this authority.
A. The Open Space, Parks and Golf Division Manager shall have the authority Item 4
Attachment B - Adopted
Park regulations-
September-28-2021
Item 4: Staff Report
Pg.
25 Packet Pg. 89 of 368
to close Open Space trails which have been designated as “seasonal trails” when weather conditions predispose the trail or surrounding habitat to damage or erosion. Such trail closures will be posted on park bulletin boards and at the affected trail junctions.
B. The Open Space, Parks and Golf Division Manager shall have the authority to temporarily close Open Space trails or facilities when the damage of flora or fauna are threatened by humans or their pets. Such facility closures will be posted on park bulletin boards and at affected trail junctions or facilities.
R1-4. CONTENTS OF PERMIT APPLICATION; SUBMISSION
Whenever a permit is required by provision in these regulations, an application shall be filed with the director stating:
A. The name of each applicant, sponsoring organization and the person(s) who is in charge of or responsible for the proposed activity;
B. The address and telephone numbers of each person and/or entity named in subsection (A);
C. The name of the Park, Open Space land, building, field or tennis courts requested for the activity, specifically identifying the location of the activity within the park or room within the building;
D. The date and starting time of the proposed activity, together with the anticipated arrival time of guests; The finish time of the proposed activity, including cleanup; E. The number of persons expected to attend the activity; F. Additional City facilities requested, such as personnel, tables, chairs, etc; G. The nature of the proposed activity or activities, including equipment and vehicles to be brought into the Park or Open Space lands; nature and duration of the use of such equipment; nature and duration of the use of any amplified sound; whether fees or donations for service will be solicited or collected; and whether alcohol will be served.
H. Proof of Palo Alto residency may be required for the permit application.
I. The necessity for street closure in order to hold an event.
J. The permit application shall be filed with the director by no later than seven (7) days prior to the date of the special event.
R1-5. ACTION ON PERMIT APPLICATION
The director shall issue a permit within five (5) business days after submission of a completed application if:
A. The proposed activity or use of the facility will not unreasonably interfere with or detract from the general public enjoyment of the facility; B. A facility with the required occupancy load capacity is available; C. All conditions, including, where applicable, the payment of fees, approval of the Director of Community Services and insurance coverage, security deposits and/or requirements are met;
D. The proposed activity or use will not entail unusual, extraordinary or burdensome expense or security operation by the department;
E. If the proposed special event will have more than twenty-five (25) individuals in attendance, involve road closures, traffic control, or the need for inter- Item 4
Attachment B - Adopted
Park regulations-
September-28-2021
Item 4: Staff Report
Pg.
26 Packet Pg. 90 of 368
departmental review (for example, for a “fun run” or a “live music” event), an additional City-wide special event application from the Police Department may be required for the event. City-wide special event permit applications are not generally required for standard picnic reservations. Completed City-wide special event permit applications may be filed as early as one year before the event but must be received no later than 30 days before the actual event date, and no later than 90 days before the actual date of the event if the event requires a street closure.
F. The facilities desired have not been reserved for other use; G. Special conditions requested in applications are reasonable and feasible.
H. The proposed activity will not negatively impact habitat, wildlife, or vegetation in the Park or Open Space area.
I. Residency requirements, if any, have been satisfied.
R1-6. FOOTHILLS PARK – RESERVATIONS AND VEHICLE ENTRY
A. Resident Reservation Preference. The Towle Campground, Oak Grove Group Picnic Area, and the Interpretive Center meeting room at Foothills Park shall have Resident Reservation Preference in making reservations. No other facility existing as of December 2020 shall have Resident Reservation Preference.
Resident Reservation Preference shall be one that permits residents to have access to reservations for no longer than the first 25% of the time period during which reservations for the subject facility may be made. Thus, if the facility in question is made available for reservation by residents for 4 weeks’ time prior to the date of the reservation, the facility must be made available for reservation by non-residents for at least 3 weeks’ time before the date of reservation. (Note: This rule is governed by the 2020 settlement agreement regarding Foothills Park).
B. Vehicle Entry Fee. All motor vehicles entering Foothills Park shall be subject to a vehicle entry fee as listed in the City’s Municipal Fee Schedule. Violators shall be subject to administrative citation for failure to comply with park regulations per PAMC 22.04.030. This regulation does not apply to City councilmembers, staff, contractors, or volunteers while conducting official City business/operations in Foothills Park.
R1-7. PERMIT – EXHIBITION
No person shall fail to produce and exhibit a permit he or she claims to have upon request of any department employee, contracted park ranger or any public or peace officer who desires to inspect the permit for the purpose of enforcing compliance with any regulations of this chapter.
R1-8. HOURS OF PARK CLOSURE
For purposes of enforcem ent of the Park and Open Space closure restrictions promulgated in Chapter 22.04 of the Palo Alto Municipal Code, the terms “sunset” and “sunrise” are defined with reference to a table of times that is determined annually and posted at Open Space facilities. Closure times specified in Chapter 22.04 as Item 4
Attachment B - Adopted
Park regulations-
September-28-2021
Item 4: Staff Report
Pg.
27 Packet Pg. 91 of 368
implemented by this regulation shall be posted prominently at each Park or Open Space facility and shall be posted on the City’s web site.
R1-9. HAZARDOUS GAMES OR ACTIVITIES
The playing of games and/or activities involving propelled or thrown objects which are sharp or heavy (such as stones, shot puts, arrows or javelins) are prohibited except when a permit is issued by the director in areas compatible for such use. Except in designated areas of Mitchell Park where inflatable structures can be used by City staff or designated contractors as part of a City -sponsored program, inflatable structures, miniature trains designed or used for passengers, pony rides, and dunking tank attractions are prohibited in Parks or Open Space areas.
R1-9A. USE OF METAL DETECTORS IN PARKS
Metal detectors for the purpose of scavenging can only be used within park facilities in such a fashion where turf or landscaped areas are not disturbed, cut or dug into.
R1-10. PICNIC SITE USAGE
Group picnic site reservations at Mitchell Park Arbor, East Meadow, Pine Grove and Redwood areas; and Rinconada Park Sequoia area are available to Palo Alto residents only. No more than 60 individuals shall occupy a group picnic site at Mitchell Park Arbor, East Meadow and Redwood areas; 100 individuals at the Pine Grove picnic area; 75 individuals at Rinconada Par k Sequoia picnic area; or 150 individuals at Foothills Park Oak Grove. No more than 15 individuals shall occupy any table in an individual picnic site at Mitchell Park and Rinconada Park. With the exception of the two table/one barbecue at individual picnic sites of Mitchell Park, each group of participants shall not occupy more than one individual site.
R1-10A. LYTTON, COGSWELL AND KING PLAZA
A. Use of tables: For permitted events and activities, no more than four six -foot tables are permitted at one time at Cogswell Plaza; no more than ten six -foot tables are permitted at Lytton Plaza; and no more than twenty six-foot tables are permitted at King Plaza. Tables shall not be arranged in a configuration longer than twelve-foot wide span and there must be a minimum of three- feet between sets.
B. The City shall be compensated the full cost of replacement of any chair, tables or other furnishings damaged by the event or special use.
C. Special event organizers must cover existing trash receptacles and provide their own waste stations (compost/recycle/trash) that they will then be responsible for removing after the event.
D. Damage deposits may be required for any special event or use at the discretion of City staff.
E. No tables, tents or other structures shall be set up closer than ten (10) feet from the nearest structure.
F. Shade canopies may be authorized in a permit so long as the shade structure measures ten-foot by ten-foot, or less. Canopies shall be weighted or anchored to prevent blowing over.
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G. Stage platforms shall be no higher than twenty -four inches tall and ten- feet by twelve-feet in maximum area.
H. As per the Chapter 22.04 of the Palo Alto Municipal Code, no alcoholic beverages may be served or consumed at these plaza parks.
I. No barricades or cordoning off areas of the plaza.
J. No jump/bounce houses are permitted on plaza.
K. Special event organizers must supply a layout of all items to be placed within plaza and be approved by City staff before the event.
L. As per Palo Alto Municipal Code Section 22.04.160, no commercial solicitation or business transactions other than those associated with and supportive of City programs or City-sponsored activities for which a permit has been issued by the director is permitted in parks or plazas.
M. As per Palo Alto Municipal Code section 22.04. 300, open flames, including candles, are not allowed without a permit from the Director in these Plazas.
R1-10B. LYTTON PLAZA NOISE REGULATION
A. A permit under Palo Alto Municipal Code Section 22.04.040 is not required of any person in order to engage in the playing of an amplified musical instrument at Lytton Plaza, which otherwise meets the requirements of sections 9.10.050 and
22.04.180 and subject to the following: the playing of an amplified musical instrument occurs on a first-come, first-served basis during the following days and times of day: (a) Monday through Thursday, 5:00 PM to 10:00 PM; (b) Friday, 5:00 PM to 11:00 PM; (c) Saturday, noon to 11:00 PM; and Sunday, noon to 10:00 PM. The term “first-come, first-served” means the first person or group of persons to commence playing an amplified musical instrument at Lytton Plaza shall be entitled to play to the exclusion of all others for a period not exceeding three (3) consecutive hours.
B. A City-wide special event permit application is required of any person seeking to engage in the playing of an amplified musical instrument at Lytton Plaza outside of the days and times of day specified in paragraph A above. No unpermitted amplified musical instrument may be played during the period of time for which a person holds a permit to play an amplified musical instrument.
C. Paragraph A notwithstanding, a person may file a City-wide special event permit application to play an amplified musical instrument within the time period specified in R1-4. If a City-wide special event permit is issued, the permit holder’s right to play any musical instrument at Lytton Plaza will take precedence over any person claiming the right to play under the first-come, first-served basis condition set forth in paragraph A of this Rule.
D. The director will post or caused to be posted to the department’s web site the days and times of days for which reservations to play musical instruments have been secured.
E. The preceding paragraphs notwithstanding, the playing of any acoustic musical instrument at Lytton Plaza is permitted during posted park use hour or, if no hours are posted, during the regular park use hours.
F. A City-wide special event permit application shall be filed whenever a group of more than twenty-five (25) persons attends the playing of any musical instrument Item 4
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or musical instruments regardless of whether any instrument is amplified or acoustic.
G. The noise ordinances set forth in Palo Alto Municipal Code chapters 9.10 and
22.04 shall apply to all persons playing amplified and acoustic musical instruments at Lytton Plaza.
R1-11. RACQUET COURT (TENNIS AND PICKLEBALL) USAGE
Any person or group using a City racquet court shall do so according to the following rules:
A. No person shall operate, drive or ride a bicycle, unicycle, roller skates, roller blades, skateboard or other coasting device on City-owned tennis courts.
B. No person shall provide or offer lessons for compensation on City -owned tennis courts except as part of a City-sponsored program, class or camps.
C. City-owned racquet courts may be reserved for City programs and tournament play only.
D. All players must use the court control board to determine which court they shall play on and their playing position.
E. No individual person can occupy a court by him or herself if other persons are waiting to play.
F. Unleashed dogs are not permitted within courts.
G. No person shall play a sport other than tennis or pickleball on City-owned courts unless expressly allowed via permit issued by the Community Services Department.
H. Mitchell Park racquet courts 6 and 7 are dual -use courts with designated pickleball and tennis times. Pickleball has priority from 8:00 AM to 2:30 PM seven days a week. Tennis has priority from 3:00 PM to 10:00 PM seven days a week.
If courts are not in use, anyone can use the court but must vacate the space if the priority sport arrives and needs the space.
R1-12. ATHLETIC FIELD USE
Any person or group using a City athletic field shall do so according to the following rules:
A. No activity other than softball (or Little League baseball) is permitted at El Camino Park softball field unless expressly allowed by permit.
B. No activity other than baseball is permitted at Baylands Athletic Center Baseball Field unless expressly allowed by permit.
C. No activity other than softball is permitted at Baylands Athletic Center Softball Field unless expressly allowed by permit.
D. No person shall use an athletic field which is posted (on-site, on-line, or by voice message) as being closed, whether the closure is for excess rainfall or for field maintenance or other reason.
E. Field markings applied to athletic fields shall be allowed by permit only and must follow City of Palo Alto Open Space, Parks and Golf Division guidelines.
F. Soccer goals must be anchored at all times when located on the playing fields.
When goals are not being utilized for play, they must be secured off the playing fields in a manner which will not permit tipping or any hazardous condition that Item 4
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might cause injury to any person. When a field is being utilized for multiple purposes, goals that interfere with the intended use of the field shall be provided by the user groups that require the use of a soccer goal. These goals must be assembled and disassembled before and after each event. The storage of these goals can be coordinated with the Recreation Division. Any goal left on site will be removed and stored until a removal/storage fee of $75.00 is paid.
R1-13. PEERS PARK AND JOHNSON PARK VOLLEYBALL USE
Any person or group playing volleyball or related game at Peers or Johnson Parks shall do so according to the following rules:
A. Drop-in volleyball or related game play is permitted only in the posted area at Johnson Park or on the north end of Peers Park.
B. The volleyball area may be reserved for volleyball play, by permit, only on the first Saturday and first Thursday of each month. The director may make additional weekend days available for reservation during the months of June, July and August.
R1-14. SKATEBOARD FACILITY
The Skateboard Facility, located in John Lucas Greer Park, is for skateboard use only.
Use of roller blades, scooters, bicycles, or any other equipment other than skateboards is prohibited. Any person using or playing upon the skateboard facility shall do so according to the following rules:
A. Each person skateboarding in the Skateboard Facility must wear a helmet, elbow pads and knee pads.
B. Use of roller blades, scooters, bicycles, or any other equipment, other than skateboards is prohibited.
C. No more than seven persons shall skate in the bowl at any given time.
D. No person shall do a body flip while riding a skateboard.
E. No person shall ride a skateboard facing entirely backwards.
F. Two or more persons may not ride on the same skateboard.
G. No person shall ride a skateboard on their knees.
H. No person shall cause a skateboard to shoot out away from their feet or body.
I. No persons shall skateboard in tandem within three (3) feet in front or behind another rider.
J. No glass containers are allowed in the facility.
K. No skateboarding is allowed when the facility is wet or while it is raining.
L. Trash receptacles are to be used to dispose of waste or any other unwanted items.
No person shall use, remai n in or enter the Skateboard Facility outside of regular park hours between 10:30 PM and sunrise (PAMC 22.04.320) . No person shall enter or remain in the Skateboard Facility when that facility is posted as being closed, whether such closure is because of excess moisture or hazard or for any other reason.
R1-15. GOLF COURSE
Any person or group using or playing upon the golf course shall do so according to the following rules:
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A. No person shall use the golf course, or any portion thereof, without first having obtained a receipt or other written authorization in due form so to do.
B. No golf player shall cut in on, or double back over, any portion of the course, or to play upon the course without a receipt duly issued for the round being played.
C. No golf player shall refuse to or fail to show such golf receipt or other written authorization to any employee connected with the municipal golf course, when requested to do so.
D. No person shall willfully or maliciously injure any turf on the golf course or in any way destroy or injure property thereon or remove property or equipment from the golf course.
E. Privately owned power golf carts are not allowed to be used on the municipal golf course.
R1-16. SWIMMING
No person shall swim, bathe or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the director. No person shall use, remain in or enter the Rinconada Pool facility between the hours listed as follows:
January 1 through June 15 9:00 PM – 6:00 AM. June 16 through December 31 10:00 PM – 6:00 AM.
Rules for the safe use of the Rinconada Swimming complex:
A. Children 7 years of age and younger must be directly supervised by a chaperone 16 years of age or older. Chaperones must wear a swimsuit, accompany the child in the water and be within arm’s length at all times. Children may not be left unattended in the facility at any time.
B. All swimmers must wear swimsuits. Clothing including undergarments is not permitted. Clean overshirts are permitted for modesty or sun protection as long as they are worn over swimsuits. Infants and toddlers who are not yet toilet trained must wear swim diapers.
C. Flotation devices including water wings, padded swimsuits and inner tubes are not permitted except US Coast Guard approved lifejackets.
D. Flippers, snorkel masks, and hard balls are not permitted.
E. All persons entering the facility must pay, including those not intending to swim, except children 2 years of age and younger.
F. Patrons must pay again to re-enter the facility after leaving.
G. Walk at all times on the pool deck.
H. Bicycles, rollerblades, scooters, and skateboards are not permitted on the pool deck.
I. Dogs, cats and other animals are not permitted on the pool deck (does not apply to service animals as defined by state and federal law).
J. Fighting, roughhousing, chicken fighting, screaming, profane language, and pretending to drown is not permitted in the facility.
K. Patrons are not permitted to sit on guard chairs, lane l ines, starting blocks or railings.
L. Barbecues, alcohol and glass/breakable containers are not permitted in the Item 4
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facility.
M. Food and drinks must be consumed at picnic tables, on grass and farther than 10 feet from poolside.
N. Heed instructions from Lifeguards and overhead announcements at all times.
O. Aquatics staff reserves the right to ask anyone who violates these rules to leave the facility.
P. To maintain a safe environment, pool rules are subject to change at any time.
Lap Pool:
A. Swimmers must be able to swim competently for at least one lap to enter the deep end and/or use the diving boards. Lifeguards have sole discretion. Please ask for a swim test.
B. Lap swimmers using lap lanes during recreation swim may use flippers, kickboards and snorkels as needed. Flippers, kickboards and snorkels are not permitted outside of the lap swim lanes. Non-lap swimmers are not permitted to swim across lap lanes.
Diving boards:
A. One person on the board and ladder at a time.
B. Wait to dive until area is clear.
C. Walk or perform a proper diving approach. Do not run on the diving board.
D. Bounce only once and jump/dive off the end of the board facing forward.
E. Divers may not jump to anyone in the pool and must swim to the wall unassisted.
After diving, swim out toward the clos est ladder. Do not swim under, between or in front of the diving boards.
Wading Pool:
A. Swimmers must be able to reach the foot pedals to use the “Aquaducks.” Pedaling with hands is not permitted.
B. Swimmers may not sit on or otherwise block the water pressure of the fountains.
Slide:
A. Swimmers must be no taller than the slide to use it.
B. One person is permitted on the slide and ladder at a time. Form line on the ground.
C. Do not stand, jump or push other swimmers off the top of the slide.
D. Swimmers must go down slide sitting, feet first.
R1-17. BOAT USE
The dock at Foothills Park and the sailing platform at the Baylands Nature Preserve is intended for the hand launching of canoes, kayaks, small inflatable boats and boats less than sixteen feet in length. The launching of any larger vessel is prohibited. While hand carts may be used to carry boats from the parking lot to the dock or sailing platform, hand carts or other personal equipment may not be used on the docks or left unattended in the immediate vicini ty of the dock or sailing platform. Items left unattended will be impounded by a park ranger or police officer.
A. Sail boards, sail craft and motorized boats are prohibited on Boronda Lake in Foothills Park.
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R1-18. BICYCLES, SKATEBOARDS AND ROLLER SKATES
A. Bicycles are prohibited on unpaved trails of Foothills Park. Skateboards, roller skates or blades, scooters, and other coasting devices are prohibited in Foothills Park.
B. Bicycles are prohibited on unpaved trails of Open Space parks and preserves, unless designated for bike access within the Pearson-Arastradero and Baylands Preserves. Skateboards, roller skates or blades, or other coasting devices are prohibited in Open Space parks and preserves, except on paved, multi-use bike paths.
C. Helmets: No person shall operate a bicycle or similar device on Parks or Open Space preserves without wearing an A.N.S.I. or Snell-approved bicycle helmet for head protection. No parent or guardian shall allow any child under the age of 18 to ride a bicycle without a helmet.
D. Unsafe operation: No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall ride in or upon a portion of a bicycle not intended for passengers. No person shall operate a bicycle while wearing earphones that interfere with hearing ambient noise.
E. No person shall leave a bicycle, scooter or skateboard in any place or position where other persons may trip over or be injured by it.
R1-19. HUMAN FLIGHT
No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into park or Open Space, except by written permit in designated areas.
R1-20. TRAIL USE SPEED LIMITS
The maximum speed for all trail uses is 15 miles per hour, unless a lesser maximum speed is posted, and no person shall exceed the maximum speed on any trail; however, no person shall operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns.
R1-20A. USE OF DESIGNATED TRAILS, PATHS AND RECREATIONAL LAWN
AREAS IN OPEN SPACE LANDS
No person other than authorized City staff or other persons specifically authorized by City staff shall walk, run or tread in any Open Space lands except on designated trails, paths, recreational lawn areas or roads, unless expressly permitted to do so pursuant to park regulations or a special use permit. “Designated trails” is defined as those trails which appear on current City of Palo Alto park maps, planning documents, trail guides and/or those trails marked with City directional signs.
R1-21. COMMERCIAL ACTIVITIES AND SOLICITATION
Commercial activities are prohibited in Park s and Open Space lands unless they are associated with and supportive of City programs or City-sponsored activities for which a permit has been issued by the D irector. Persons soliciting for donations or engaging in Item 4
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commercial activities approved by the Director shall comply with all applicable laws, including those requirements for permits issued under Title 4 of the Palo Alto Municipal Code as applicable.
R1-21A. COMMERCIAL PHOTOGRAPHY AND FILMING
No person shall photograph or film for commercial purposes in City Parks or Open Space except pursuant to a permit authorizing such activity or except for those activities associated with and supportive of City programs or City -sponsored events. For the purpose of this section, “photograph or film for commercial purposes” means the recording, on any medium, of still or motion images that involves the use of professional models or commercial articles filmed or photographed for the purpose of commercial advertising, or the use professional casts, settings, or crews in any motion picture, television, or similar production. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news, or for small photo or film events, consisting of a single photographer or videographer with a total group size of no more than 24 persons (permit is required for exclusive use of any area of park land), as long as all other rules and regulations are followed.
A. Applications shall be submitted not less than ten (10) working days before the proposed use.
B. No sound amplification equipment, which will disturb the peace, may be used in connection with any photo shoot, except when used by City employees or safety officers for purposes of crowd control.
C. No permit shall be granted for any event between the hours of 8:00 PM and 9:00 AM without the prior approval of the Director.
D. No permit shall be granted when the closure would result in hampering prompt access to an area or location by emergency vehicles.
E. Wherever appropriate, the City will require the applicant to provide and erect barricades according to City specifications for public safety. The person or persons making the application shall be responsible for placing and dismantling all barricades. All barricades shall be removed within one- half (1/2) hour of the ending time of the event. Barricades shall also be immediately removed upon request of any authorized officer or employee of the City. In some situations, the Permittee may be required by the City to provide traffic control and a qualified flag person if City streets or parking lots are involved.
R1-22. RESTROOMS
Male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males; except, this shall not apply to persons with special needs or their accompanying attendants or children under the age of six years old who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for such person.
R1-23. UNAUTHORIZED USE OF KEYS OR LOCKS
No person other than one acting under the direction of the Director shall duplicate or cause to be duplicated a key used by the department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped Item 4
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to any unauthorized person. No person, other than the one acting under the direction of the director, shall use a key to access any Park and/or Open Space facilities. The director may issue keys to user groups. Said user groups must use the keys for permitted activity only and return issued keys to the City upon completion of the activity. No person shall place a lock upon any gate or fence in any Park or Open Space area without prior permission from the Director.
R1-24. WATER POLLUTION
While within the boundaries of any park facility, no person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water or in any tributary, stream or drain flowing into such waters any substance, matter or thing, liquid or solid, including but without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, plant material, food matter, fiber and plastics.
R1-25. HARMFUL SUBSTANCES
No person shall possess, place, or apply any substance harmful to any person, property, wildlife, or vegetation on Park or Open Space lands.
R1-26. LITTERING
No person within any City Park, Open Space lands, and City operated community garden shall leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor. Disposing of garbage, trash, cans, bottles, papers or other refuse not generated within City Park or Open Space lands is prohibited. PAMC
22.04.230.
R1-27. DISPOSAL OF EFFLUENT
No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water.
R1-28. SMOKING
No person sh all smoke any substance in any public places or any area that is within twenty feet of bleachers, backstops, or play structures or any area designated as a playground, nature trail or nature area or in or on any park facility where smoking is posted as bei ng prohibited. Pursuant to Palo Alto Municipal Ordinance 9.14.010 (i), public places are defined as: "Public places" means enclosed areas within publicly and privately-owned buildings, structures, facilities, or complexes that are open to, used by, or accessible to the general public. Public places include, but are not limited to, stores, banks, eating establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums, enclosed sports arenas, convention centers, museums, galler ies, polling places, hospitals and other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy facilities), automotive service centers, general business offices, nonprofit entity offices and libraries. Public plac es further include, but are not limited to, hallways, restrooms, stairways, escalators, elevators, lobbies, reception areas, wait ing rooms, indoor service lines, checkout stations, counters and other pay stations, classrooms, meeting or conference rooms, l ecture rooms, buses, or other enclosed places that are open to, used by, or accessible to the general public.
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R1-29. FIREWORKS
No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of Park or Open Spac e lands any firecrackers, missiles, rockets, fireworks, or explosives.
R1-30. ANIMALS
No person other than public or peace officers, rangers, city naturalists, animal control officers in the discharge of their duties shall:
A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal within the boundaries of any park facility, nor remove nor have in his possession the young, eggs or nest of any such creature;
B. Abandon any animal, dead or alive, within any park facility; C. Remove any animal not his own from within any park facility; exception is made to the foregoing in that proper season, fish may by fished and removed from areas designated for fishing by licensed persons, in accordance with the California Fish and Game Code and other related laws, and boarded horses may be removed from a park facility, upon proper notification to the department; D. Bring into or maintain in or upon any park facility any dog, cat or other animal unless such animal at all times is kept on a leash (extended no further than six (6) feet while in Open Space lands) and under full control of its owner or custodian; provided, however, the Director may designate areas and times within which persons may exercise, show, demonstrate or train unleashed animals under full control or their owners or custodians. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on Park s or Open Space land.
PAMC 22.04.155
E. Permit cattle, sheep, goats, pigs, or other animals owned by him/her or in his/her possession to graze within the bo undaries of any park facility without express approval of the director;
F. No person shall keep or raise cattle, horses, sheep, or other livestock on Park or Open Space land, unless pursuant to a lease, license, or other entitlement of use granted by the City of Palo Alto.
G. Ride or lead a horse, pony, mule, burro or other animal onto or over any park facility, other than at times and upon roads or trails designated for riding of animals; except with approval of the Director.
H. No person owning or having custody or control of any dog shall permit such dog to defecate on any public street, sidewalk, park or parkway without immediately removing the resulting excrement at the time of occurrence. The excrement so removed shall not be disposed of on any property listed in this chapter except in public refuse receptacles. Persons using service animals are exempt from this section.
I. No person owning or harboring any dog or other animal shall allow or permit such dog or animal to swim, bathe or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the Director.
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R1-31. NUISANCE DOGS
No person shall allow or have on Park or Open Space land a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, bearing of teeth, or challenging in any manner, people, animals, or property. PAMC 6.20.040 Care should be taken wi th leashed pets in playgrounds to ensure that their presence does not impact children’s use and they should be removed upon request from other playground users.
R1-32. DOG EXERCISE AREA
A. Dogs may be allowed off leash only within the designated dog exercise areas in Hoover Park, Greer Park, Mitchell Park, and Peers Park.
B. Dogs must be licensed, vaccinated, and wearing a collar with ID and license tag.
C. Dogs must be leashed until safely inside the dog park and returned to a leash prior to exiting.
D. Dog owners must remain in the fenced area and monitor and manage their dogs at all times.
E. Dogs behaving aggressively must be removed from the dog park immediately.
F. Dog waste must be picked up.
G. Children accompanying dog owners must be closely supervised.
H. No more than three dogs per person.
I. No food or alcohol.
J. The small dog section is for dogs 25lb and less. The mixed size dog section is for both large and small dogs. (Applicable at dog parks with this option.) K. Dog Park Hours are 7:00 AM to 9:00 PM.
L. The City of Palo Alto assumes no liability for the users of this area. Use these facilities at your own risk.
R1-33. UNAUTHORIZED CONSTRUCTION ACTIVITIES
No person shall deposit any earth, sand, rock, stone or other substance within any park facility, nor shall he/ she dig or remove any such material from within any park facility, nor shall he/she erect or attempt to erect any building, wharf or structure of any kind by driving or setting up posts or piles, nor in any manner appropriate or encumber any portion of the real property owned by, operated, controlled or managed by the department without a permit from the director.
R1-34. USE OF UTILITIES
A. Electrical, phone, data communication, and cable receptacles in Parks and Open Space may only be used or accessed for private use within the terms of a special use permit granted by the Community Services Department.
B. Gas fixtures, water faucet spigots and irrigation water outlets that require a key or opening device in Parks and Open Space may only be used or accessed for private use within the terms of a special use permit granted by the Community Services Department.
C. Sanitary sewers or storm drains in Parks or Open Space areas may not be used for the clean-out of personal septic systems under any circumstances.
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R1-35. GATHERING WOOD IN OPEN SPACE AREAS
Gathering wood from or possessing wood that has been gathered from Open Space areas is not permitted.
R1-36. PARKING RESTRICTIONS
No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or City employee, in any of the following places:
A. In areas where prohibited by "NO PARKING" or “FIRE LANE - DO NOT BLOCK” signs.
B. On any fire trail.
C. On any equestrian or hiking trail.
D. In such a place or manner as would block or obstruct any gate, entrance, or exit.
E. In such a place or manner as to take up more than one marked parking space in any authorized parking area.
F. In such a place or manner as to block or obstruct the free flow of traffic.
G. Within 15 feet of a fire hydrant.
H. Adjacent to any curb painted red.
I. In any Park or Open Space land after sunset except pursuant to a written permit.
J. In areas signed for permit parking on Park or Open Space land without a written permit.
K. In any other place on Park or Open Space land not designated by the City as an authorized area.
The gravel parking lot at the Towle Campground at Foothills Park may only be used for parking by persons with camping reservations. There is a limit of 2 vehicles for the eight person campsites and 4 vehicles for sixteen -person campsites. The parking area is restricted to passenger vehicles and small trucks. Recreational vehicles, trailers or other self-contained vehicles (regardless of size, weight or number of axles) are not allowed in the Towle Campground parking lot or beyond the gate at the edge of Orchard Glen Picnic Area. Recreation vehicles or other self -contained vehicles may not be parked in Foothills Park over -night. Non- camping guests should park in the available day -use parking lots.
R1-37. OPERATION OF MOTOR VEHICLES
No person shall operate, propel, or leave standing any motor vehicle on Park or Open Space land, except:
A. Emergency vehicles operated within the scope of official use.
B. Upon roads, trails, or paths, which may from time to time be set aside and posted by the City for the use of specifically designated vehicles.
C. Upon roads and parking areas open to the public during regular open hours.
D. Motor vehicle includes, but is not limited to, any vehicle as defined by section 415 and/or 670 of the California Vehicle Code, motorcycles, off -road vehicles, "dirt bikes", and similar vehicles.
This section shall apply to all motorized bicycles, carts, scooters , hoverboards, skateboards, and electric personal assistive mobility devices (Segway or similar device) Item 4
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except those devices used by disabled persons.
R1-37A. VEHICLE WEIGHT LIMIT ON BAYLANDS ROADS AND PARKING LOTS No person shall operate or park any vehicle in excess of 6,000 pounds weight on any roads or within any parking lot of the City -owned Baylands or John Fletcher Byxbee Recreational Areas.
R1-38. VIOLATION – PENALTY
A. The Director shall have authority to revoke a permit upon a finding of violation by the permittee or persons acting under the permit of any regulation contained in this chapter or upon a finding of violation of other City ordinance or law of this state in the exercise of the permit.
B. The Director or designee shall have the authority to eject from any park facility any person acting in violation of regulations contained in this chapter.
R1-39. PLAYGROUNDS
No person shall use personal exercise equipment, including dumbbells and exercise straps, at any playground if it inhibits children from using the playground, or if the exercise equipment negatively impacts the playground surfacing or equipment.
R1-40. COMMUNITY GARDENS
The City of Palo Alto provides, subject to availability and a license agreement, space for Palo Alto residents to enjoy organic gardening. All persons visiting the Communi ty Gardens must comply with the following rules:
A. No dogs are allowed within the fenced area of any garden location except service dogs. PAMC 6.16.100
B. No smoking inside the Community Garden area or on pathways around the garden. PAMC 9.14.050
C. Garden visitor s must stay on designated paths, and refrain from picking any produce or flowers subject to PAMC 22.04.270.
D. Wood chips at the garden are supplied only for the plot renters at the Community Garden for use within the Community Garden and shall not be removed by unauthorized persons.
E. Compost bins are for Community Gardeners use only subject to PAMC 5.20.030.
The Director may promulgate guidelines for the registration and use of the community gardens that do not conflict with these rules.
R1-41. SIDEWALK VENDORS
A. These regulations related to sidewalk vendors implement SB 946 (2018) as codified at Govt. Code 51036 et seq. “Sidewalk vendor” in this regulation shall have the same meaning as that in Govt. Code section 51036.
B. Sidewalk vendors shall not operate in the following areas in Palo Alto parks:
1. Maintenance or storage yards;
2. Parking lots, parking stalls or designated parking areas;
3. Trails less than 8 feet wide;
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4. Grass, synthetic turf, synthetic track and vegetated areas. (Vendors may only be on hardscape areas such as asphalt, concrete, decomposed granite, and dirt trails that are at least 8-feet wide);
5. Recreation areas designated for specific sports or activities (playing fields, courts, skateparks, etc.);
6. In any location that interferes in any way with anyone engaged in a physical activity or entering onto any playing field, sport, or similar facility for use by participants or approaching spectators who are watching a sporting activity;
7. Within 100 feet of any building, recreation center, senior center, bathroom, structure, or playground. Sidewalk vendors must not in any way impact the use and operation of these facilities;
8. Anywhere in the Baylands Athletic Center and Stanford Palo Alto Playing Fields when snack shacks are open for business and are designated by the City as an exclusive concession;
9. Within 5 feet of park benches;
10. Within 25 feet of picnic tables;
11. Within 25 feet of any fountain, monument, or art installation;
12. Any park or open space area that has an exclusive permitted food provider (e.g. the Baylands Golf Links); and
13. Any portion of a park or open space within 250-feet of any school site during instructional hours;
C. Sidewalk vendors operating in the following open space areas are permitted only in the areas specifically designated as follows:
1. Baylands Nature Preserve
In the following area of the Baylands Nature Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors.
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In the following area of the Baylands Nature Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors.
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In the following area of the Baylands Nature Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors.
2. Esther Clark Park
There are no locations for sidewalk vendors at Esther Clark Park.
Esther Clark Park has no areas that allow for sidewalk vending due the fact it has no sidewalk or paved areas, as well as its location in a single-family residential neighborhood. The park is undeveloped and has no parking lots.
3. Foothills Nature Preserve
In the following area of the Foothills Nature Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors.
4. Pearson Arastradero Preserve
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In the following area of the Pearson Arastradero Preserve, there is a limit of 1 vendor at a time (first come first served). Any additional vendors would start to block access for park visitors and reduce available parking.
D. Sidewalk vendors in all park and open space areas shall comply with the following:
1. Sidewalk vending (including set-up and clean-up) is permitted only between 9:00 A.M. and 30 minutes prior to sunset and must vacate the park by sunset.
2. No vending conveyance, stand, or pushcart shall touch, lean against, or be affixed to any lamp post, parking meter, mailbox, traffic signal, picnic table, fire hydrant, tree, plant, planter box, rock formation, bench, bus shelter, or trash can.
3. Nothing in these regulations authorizes vending of personal services including but not limited to boot camps, massage services, yoga, dog training, animal rides, petting zoos, or sports/fitness classes.
4. Cannot sell products whose use is prohibited in the park, including tobacco and cannabis.
5. Cannot sell unsanitary or unsafe, dangerous, or harmful food, beverage, or merchandise. Including archery equipment, knives, sling shots, or any objects that appear to be weapons, such as squirt guns, toy guns, or toy knives.
6. Are responsible for clean-up, storage, and subsequent removal from the park or preserve of any waste, food items, package, litter, or materials occurring because of or related to their vending activity.
7. Are prohibited from placing any liquid or solid waste in park trash cans, including dumping ice on park property. Vendors must pack out their garbage and waste, including grease.
8. Are prohibited from hooking up to or using any water, electrical, or gas outlets for the sale of their food or merchandise.
9. Are prohibited from using park benches and picnic tables.
10. For parks, the number of vendors per park are limited (a) to two (2) vendors per acre and not within 25 feet of another vendor, and (b) not to exceed eight (8) at any one time. For open space areas, only one vendor at a time is Item 4
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allowed in the designated area (see maps)
11. Vending in park shall be on a first come first available basis.
12. Vending is prohibited during any City sponsored or permitted special event (e.g., festival, concert, movie night, class, carnival, parade, running event, class, or other permitted activity).
13. In open space areas, sidewalk vendors shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instruments for the purpose of attracting the attention of potential patrons.
APPROVED:
City Manager Date:
Director, Community Services
Adopted by City Council June 24, 2002; Revised June 28, 2004; Revised January 24, 2005. Revised February 3, 2006. Revised April 14, 2008. Revised March 14, 2011.
Revised November 19, 2012 Revised May 20, 2013, Revised March 5, 2018, Revised February 2, 2021.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: December 11, 2023
Report #:2311-2283
TITLE
Adoption of an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements for Housing Development Projects up to an Additional 18 Months. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3).
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt an urgency ordinance (Attachment A) that would be effective immediately and allow the director of planning and development services to extend expiring housing- related planning entitlements up to 18 months.
2. Adopt an interim ordinance (Attachment B) that would replace the urgency ordinance after 45 days, granting this authority through calendar year 2024.
BACKGROUND
The director of planning and development services requests Council authorization to extend housing development planning entitlements up to an additional 18 months. This request is made to address two known projects representing 105 housing units that are set to expire in December 2023 and January 2024. The City is relying on these projects in part to meet its regional housing needs assessment and they are identified as qualifying pipeline projects in the Housing Element. While expiration of the planning entitlements would not foreclose the opportunity for the City to continue to apply these sites in the Housing Element, the need to re- entitle the projects may delay housing production. The authority granted by these ordinances would expire on December 31, 2024.
Staff presented the subject recommendation to the Policy and Services Committee on November 14, 2023.1 The Committee endorsed the recommendation 3-0, with a slight 1 Staff Report, dated November 14, 2023:
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3386&meetingTemplateType=2&comp iledMeetingDocumentId=8402.
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adjustment to eliminate a reference that the authorization would sunset when the state housing and community development department certified the City's housing element. This reference was found to be unnecessary and removed from the ordinance. Because the Committee was unanimous in its recommendation and due to the time constraints associated with the pending entitlements, staff is placing the first reading ordinance on the Consent Calendar. Three members of the City Council may choose to pull the matter from the agenda in accordance with the City Council’s procedures and protocols handbook, if found to be necessary.
ANALYSIS
Staff are aware of two housing projects that have pending planning entitlements about to lapse. One project is located at 3585 El Camino Real (3 units) and another at 788 San Antonio Road (102 units), which expire in December and January, respectively. Staff received one letter from a property owner’s representative detailing one of these circumstances (Attachment C). In these instances, if an extension is not granted, 105 housing units may expire. An expired entitlement would not preclude the owners from seeking a new housing development but it would impose additional time and costs to secure another planning approval.
Planning permits and approvals typically expire within 12 months, or within the time provided in the permit or approval. The planning and development services director is already authorized to extend this time for up to 12 additional months. The proposed ordinance would allow an additional 18-month extension. For qualifying housing projects that have not already received a 12-month extension, a total of 30 months could be authorized (12+18 months) while the temporary ordinance is effective.
The attached urgency ordinance would become effective immediately upon adoption by the City Council and is valid for only 45 days. Its passage would enable the planning director to extend the project entitlements before they expire. The second, interim ordinance would become effective 30 days after the second reading and as proposed, would expire at the end of calendar year 2024.
The ordinances only apply to housing projects with two-thirds or more floor area dedicated toward residential uses.
FISCAL/RESOURCE IMPACT
The recommendation in this report does not have any significant fiscal or resource impacts.
STAKEHOLDER ENGAGEMENT
Notice of the ordinance will be made available online, posted on the public noticing kiosk at King Plaza, City Hall, and published in the Daily Post at least 10 days in advance of the meeting.
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ENVIRONMENTAL REVIEW
The recommendation in this report is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because it can be seen with certainty that the proposed action would not have the potential for causing an impact on the environment.
ATTACHMENTS
Attachment A: Urgency Ordinance Authorizing Extensions for Housing Attachment B: Ordinance Authorizing Extensions for Housing Projects Attachment C: Property Owner Representative Letter Regarding 788 San Antonio Road APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 5
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*NOT YET ADOPTED* Attachment A
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Ordinance No. _____
Emergency Ordinance of the Council of the City of Palo Alto Temporarily Authorizing the Director of Planning and Development Services to Extend the Validity of Planning Entitlements for Housing Development Projects
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Pursuant to state law, the City of Palo Alto (City) was assigned a regional housing need allocation (RHNA) of 6,086 housing units for the 2023 -2031 planning period , comprised of 1,556 very-low income units, 896 low-income units, 1,013 moderate-income units, and 2,621 above moderate-income units; and
B. In accordance with state law and to further the City’s goals of producing housing, the City Council adopted the City of Palo Alto 2023-2031 Housing Element on May 8, 2023.
C. Construction of housing units that have been previously approved is an essential factor in meeting the City’s RHNA and Housing Element goals.
D. Changes in economic conditions and other factors may result in a delay in construction of housing units following approval by the City.
E. Pursuant to Palo Alto Municipal Code section 18.77.090, planning permits and approvals shall expire within 12 months , or within the time provided in the permit or approval, unless the proposed use of the site or construction of buildings has commenced. In addition, the Planning Director is authorized to extend this time for up to 12 additional months.
F. In order to permit maximum flexibility for property owners who obtain or have obtained planning permits or approvals for Housing Development Projects, as defined in Government Code Section 65589.5, the City Council desires to authorize the Planning Director to issue further extensions of time before a planning permit or approval will expire.
G. The City Council declares that this emergency ordinance is necessary as an emergency measure to preserve the public peace, health or safety by promoting the development of much-needed housing in Palo Alto, in particular because one or more planning permits or approvals for Housing Development Projects may expire in the near future.
SECTION 2
. Notwithstanding Section 18.77.090 of the Palo Alto Municipal Code or the provisions of any planning permit or approval, the Director of Planning and Development Services Item 5
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is authorized, in his or her sole discretion, to extend the duration of a planning permit or approval for a Housing Development Project, as defined in Government Code Section 65589.5, b y an additional eighteen (18) months beyond the expiration date that would otherwise apply. The authority granted herein shall be effective until December 31, 2024.
SECTION 3. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because it can be seen with certainty that that the extension of a planning entitlement will not have a significant impact on the environment.
SECTION 4. This Ordinance shall be effective immediately upon adoption and, unless repealed or extended by the City Council, shall remain in effect for 45 days, or until a replacement ordinance becomes effective, whichever comes first.
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 Authorizing
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Ordinance No. _____
Interim Ordinance of the Council of the City of Palo Alto Temporarily Authorizing the Director of Planning and Development Services to Extend the Validity of Planning Entitlements for Housing Development Projects
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Pursuant to state law, the City of Palo Alto (City) was assigned a regional housing need allocation (RHNA) of 6,086 housing units for the 2023 -2031 planning period , comprised of 1,556 very-low income units, 896 low-income units, 1,013 moderate-income units, and 2,621 above moderate-income units; and
B. In accordance with state law and to further the City’s goals of producing housing, the City Council adopted the City of Palo Alto 2023-2031 Housing Element on May 8, 2023.
C. Construction of housing units that have been previously approved is an essential factor in meeting the City’s RHNA and Housing Element goals.
D. Changes in economic conditions and other factors may result in a delay in construction of housing units following approval by the City.
E. Pursuant to Palo Alto Municipal Code section 18.77.090, planning permits and approvals shall expire within 12 months , or within the time provided in the permit or approval, unless the proposed use of the site or construction of buildings has commenced. In addition, the Planning Director is authorized to extend this time for up to 1 2 additional months.
F. In order to permit maximum flexibility for property owners who obtain or have obtained planning approvals that are in danger of expiration, the City Council desires to authorize the Planning Director to issue further extensions of time before a planning permit or approval will expire.
SECTION 2
. Notwithstanding Section 18.77.090 of the Palo Alto Municipal Code or the provisions of any planning permit or approval, the Director of Planning and Development Services is authorized, in his or her sole discretion, to extend the duration of a planning permit or approval for a Housing Development Project, as defined in Government Code Section 65589.5, by an additional eighteen (18) months beyond the expiration date that would otherwise apply. The authority granted herein shall be effective only until December 31, 2024.
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Authorizing Extensions
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SECTION 3. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because it can be seen with certainty that that the extension of a planning entitlement will not have a significant impact on the environment.
SECTION 4. This ordinance shall be effective on the thirty-first date after the date of its adoption and shall expire on December 31, 2024.
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 5
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Authorizing Extensions
for Housing Projects
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CHARLOTTE 4601 Park Road, Charlotte, NC 28209 T. 704 372 5616 F. 704 372 9882 CARY 117 Edinburgh S Drive, Cary, NC 27511 T. 919 461 3950 F. 919 461 3939 WINSTON-SALEM 500 W 5th Street, Winston-Salem, NC 27101 T. 336 923 7650 F. 336 777 0624 ATLANTA 47 Perimeter Center East, Atlanta, GA 30346 T. 770 604 3387 F. 770 604 3959 grubbproperties.com
Grubb Properties, LLC
4601 Park Road, Suite 450
Charlotte, NC 28209
October 18, 2023
Jonathan Lait, Director of Planning
Planning and Community Environment Department
250 Hamilton Avenue
Palo Alto, CA 94301
[email protected]
RE: Entitlement Extension Request for 788 San Antonio Road Project
Dear Mr. Lait,
On July 27, 2022, Grubb Properties acquired the property located at 788 San Antonio Road with an existing entitlement in place for that certain 102 -unit housing project that was approved by City Council on 11/16/2020.
Since that acquisition, Grubb made a good faith effort to see that projec t through as entitled and submitted the building permit application that December 2022.
Amid worsening economic conditions in the construction financing sector unfolding across the country, Grubb subsequently made the decision to put the building permit application process on hold in April 2023 and sought to work with your Planning Department to find comprehensive solutions to maintain the economic viability of this housing project.
As that process continues, the entitlement expiration of January 06, 2024 is approaching and we respectfully submit this request for a n 18-month extension to J uly 06, 2025. Approval of t his request allows our respective parties to continue coordination efforts on the feasibility of this housing project at 788 San Antonio Road. We appreciate your prompt consideration of this request.
Sincerely,
Megan Watson
Director, Development
Grubb Properties, LLC
[email protected]
CC: Ted O’Hanlon, Consulting Project Manager
Item 5
Attachment C - Property
Owner Representative
Letter Regarding 788 San
Antonio Road
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: December 11, 2023
Report #:2311-2265
TITLE
SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING:
November 13, 2023 PASSED 5-1-1, Kou no, Veenker recused and PASSED 6-1, Kou no)
RECOMMENDATION
Staff recommends that Council adopt an ordinance amending Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) (Attachment B) to implement Program 1.1A and 1.1B of the Housing Element regarding the Adequate Sites Inventory.
Staff also recommends that Council adopt a resolution (Attachment A) making corresponding changes to the Land Use and Design Element of the Comprehensive Plan.
ANALYSIS
This item was heard by the City Council on November 13, 2023 for a first reading. The portion of the ordinance pertaining to Stanford University lands was approved 5-1-1, Kou no, Veenker recuse, with the modifications specified below. The remainder of the ordinance and was approved 6-1, Kou no.
The table below identifies additional actions taken by Council related to the Housing Focus Area and Pasteur Drive site, and how it is addressed in the ordinance (Attachment B). 11/13/23 Council Motion and Subsequent Modifications to Ordinance Council Motion Revision to Ordinance
1. Refer expansion of the El Camino Real
Housing focus area to staff for further
analysis and return to Council with a
recommendation.
None. This assignment will be prioritized
during the Council’s objectives priority
setting session in Q1 2024.
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2. Exempt parapets and guardrails from
height limits in the El Camino Real Housing
Focus Area and Pasteur Drive.
Added exemption.
3. Remove the 18.14.020(c)(5)(C) regarding
Stanford affiliation, and refer to staff and
the Stanford Ad Hoc for further dialogue.
Removed affiliation requirement.
4. Amend 18.14.020 Table 3, upper story
stepback to state a 20-foot average stepback
from the property line, with a minimum
stepback of 15-feet, and any additional
requirements identified by staff to meet this
intent contingent on meeting fire safety
standards and as an alternative to the 15-
foot stepback direct staff evaluate for
inclusion of a standard that would require an
appropriate stepback from the front façade.
Revised El Camino Real frontage stepback
standard above 55 feet to require:
•20-foot average setback from the
property line; and
•6-foot minimum stepback from the
lower façade, for at least 70% of the
façade (similar to the existing
objective design standard to regulate
contextual height, to have
consistency across regulations)
Added illustrative graphic.
The City Council also directed staff to review proposed amendments to PAMC 18.16.040(b) and
18.16.060 regarding Redwood residences as described in the November 7, 2023 from Kristi Bascom. This too will be considered for prioritization relative to other Council interests in Q1 2024.
The staff report for the November 13, 2023 hearing showed the proposed changes to the Land Use and Design Element of the Comprehensive Plan, but inadvertently omitted the actual resolution adopting those changes. Accordingly, the resolution is included here as Attachment A for Council adoption.
FISCAL/RESOURCE IMPACT
This action has no fiscal impact as it can be performed with current adopted staffing levels.
ATTACHMENTS
Attachment A: Resolution Amending the Land Use and Design Element of the Comprehensive Plan
Attachment B: Ordinance Adopting Amendments to Title 18 to Implement Housing Element Program 1.1
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 6
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*NOT YET APPROVED* Attachment A
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Resolution No. ____
Resolution of the Council of the City of Palo Alto Amending the Land Use and Design Element of the City of Palo Alto
Comprehensive Plan to Reflect Policies and Programs adopted in the 2023-2031 Housing Element and Related Updates to the Zoning Code.
R E C I T A L S
A. On May 8, 2023, the City Council adopted the City of Palo Alto 2023 -2031 Housing Element (“Housing Element”) pursuant to Government Code Section 65585.
B. Program 1.1A of the Housing Element provides for amendments to the zoning ordinance that are necessary to accommodate the City’s Regional Housing Needs Allocation (“RHNA”) on the inventory of housing opportunity sites provided in Appendix D to the Housing Element.
C. Program 1.1B of the Housing Element provides for additional amendments to the zoning ordinance for ROLM and GM zoned properties that exceed those required under Program
1.1A.
D. On December XX, 2023, the City Council adopted an ordinance amending Title 18 (Zoning) of the Palo Alto Municipal Code to implement Programs 1.1A and 1.1B of the Housing Element.
E. The updates contemplated in Programs 1.1A and 1.1B of the Housing Element also require related changes to the Land Use and Design Element of the Comprehensive Plan.
F. In order to maintain consistency with the between the Land Use and Design and Housing Elements of the Comprehensive Plan, and between the Comprehensive Plan and the Palo Alto Municipal Code, the City Council desires to amend the Land Use and Design Element of the Comprehensive Plan.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1
. The City Council finds that the public interest, health, safety and welfare of Palo Alto and the surrounding region would be furthered by Text Amendment s to the Land Use and Community Design Element.
Item 6
Attachment A -
Resolution Amending
Land Use and Design
Element to Reflect
Policies and Programs in
2023-2031 Housing
Element and Related
Updates to Zoning Code
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*NOT YET APPROVED* Attachment A
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SECTION 2. The proposed Land Use and Community Design Text Amendments are consistent with the following goals and policies of the Comprehensive Plan:
Policy L-1.1: Maintain and prioritize Palo
Alto’s varied residential neighborhoods
while sustaining the vitality of its
commercial areas and public facilities.
The proposed amendments will align with the
programs and policies of the Housing Element,
which promote the production of much-needed
housing in strategic locations throughout the
City.
Policy L-1.3: 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.
The proposed amendments will allow for the
production of housing in accordance with the
Housing Element, which envisions urban infill
development throughout the City.
Policy L-1.4: Commit to creating an
inventory of below market rate housing
for purchase and rental. Work with
neighbors, neighborhood associations,
property owners and developers to
identify barriers to infill development of
below market rate and more affordable
market rate housing and to remove these
barriers, as appropriate. Work with these
same stakeholders to identify sites and
facilitate opportunities for below market
rate housing and housing that is
affordable.
The proposed amendments implement the
Housing Element, including provision that
promote the production of below market rate
housing.
Policy L-1.5: Regulate land uses in Palo
Alto according to the land use definitions
in this Element and Map L-6
The proposed amendments ensure compliance
with this policy and modify the land use
definitions to align with past, current, and future
uses of housing opportunity sites in the City.
Policy L-1.6: Encourage land uses that
address the needs of the community and
manage change and development to
benefit the community.
The proposed amendments encourage the
production of housing, which is a local, regional,
and statewide need.
Policy L-2.3: As a key component of a
diverse, inclusive community, allow and
encourage a mix of housing types and
sizes, integrated into neighborhoods and
designed for greater affordability,
particularly smaller housing types, such
as studios, co-housing, cottages,
clustered housing, accessory dwelling
units and senior housing
The proposed amendments align with the
Housing Element, which encourages the
development of all types of housing.
Item 6
Attachment A -
Resolution Amending
Land Use and Design
Element to Reflect
Policies and Programs in
2023-2031 Housing
Element and Related
Updates to Zoning Code
Item 6: Staff Report
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Policy L-2.6: Create opportunities for new
mixed-use development consisting of
housing and retail.
The proposed amendments facilitate the
production of housing in commercial land use
designations.
SECTION 3. The City Council hereby amends Single-Family Residential land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined and deletions struck through):
Single-Family Residential: This designation applies to residential neighborhoods primarily characterized by detached single -family homes, typically with one dwelling unit on each lot. Private and public schools and churches are conditional uses requiring permits. Accessory dwelling units or duplexes are allowed subject to certain size limitations and other development standards and duplexes may be allowed in select, limited areas where they would be compatible with neighborhood character and do not create traffic and parking problems.
Multiple-
Family uses may be permitted on Housing Element opportunity sites. The net density in single family areas will range from 1 to 7 units per acre, but rises to a maximum of 14 units
per acre on parcels where second units or duplexes occur , except on Housing Element opportunity sites, for which higher density standards may be specified in the Zoning Ordinance . Population densities will range from 1 to 30 persons per acre.
SECTION 4. The City Council hereby amends Multiple -Family Residential land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions
underlined):
Multiple-Family Residential: The permitted number of housing units will vary by area, depending on existing land use, proximity to major streets and public transit, distance to shopping and environmental problems. Net densities will range from 8 to 40 units and 8 to 90 persons per acre
, except on Housing Element opportunity
sites, for which higher density standards may be specified in the Zoning Ordinance.
Density should be on the lower end of the scale next to single -family residential areas. Densities higher than what is permitted may be allowed where measurable community benefits will be derived, services and facilities are available, and the net effect will be consistent with the Comprehensive Plan. Population densities will range up to 2.25 persons per unit by 2030.
SECTION 5. The Ci ty Council hereby amends Neighborhood Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions
underlined):
Item 6
Attachment A -
Resolution Amending
Land Use and Design
Element to Reflect
Policies and Programs in
2023-2031 Housing
Element and Related
Updates to Zoning Code
Item 6: Staff Report
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Neighborhood Commercial: Includes shopping centers with offstreet parking or a cluster of street- front stores that serve the immediate neighborhood. Examples include Charleston Center, Edgewood Center and Midtown. Typical uses include supermarkets, bakeries, drugstores, variety stores, barber shops, restaurants, self- service laundries, dry cleaners and hardware stores. In locations along El Camino Real and Alma Street, residential and mixed use projects may also locate in this category. Non -residential FARs will range up to 0.4. Co nsistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations , generally within
one-half mile of high quality transit.
SECTION 6 . The City Council hereby amends Regional/Community Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions
underlined):
Regional/Community Commercial: Larger shopping centers and districts that have a wider variety of goods and services than the neighborhood shopping areas.
They rely on larger trade areas and include such uses as department stores, bookstores, furniture stores, toy stores, apparel shops, restaurants, theaters and nonretail services such as offices and banks. Examples include Stanford Shopping Center, Town and Country Village and University Avenue/Downtown. Non- retail uses such as medical and dental offices may also locate in this designation; software development may also locate Downtown. In some locations, residential and mixed use projects may also locate in this category. Non -residential FARs range from 0.35 to 2.0. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi -family housing may be allowed in specific locations, generally within one-half mile of high quality transit .
SECTION 7. The City Council hereby amends Service Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Desi gn Element to read as follows (additions underlined):
Service Commercial: Facilities providing citywide and regional services and relying on customers arriving by car. These uses do not necessarily benefit from being in high volume pedestrian areas such as shopping centers or Downtown. Typical uses include auto services and dealerships, motels, lumberyards, appliance stores and restaurants, including fast service types. In almost all cases, these uses require good automobile and service access so that customers can safely load and unload without impeding traffic. In some locati ons, residential and mixed -use projects may be appropriate in this land use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real and Embarcadero Road northeast Item 6
Attachment A -
Resolution Amending
Land Use and Design
Element to Reflect
Policies and Programs in
2023-2031 Housing
Element and Related
Updates to Zoning Code
Item 6: Staff Report
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of the Bayshore Freeway. Nonresidential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit.
SECTION 8. The City Council hereby amends Service Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined):
Service Commercial: Facilities providing citywide and regional services and relying on customers arriving by car. These uses do not necessarily benefit from being in high volume pedestrian areas such as shopping centers or Downtown. Typical uses include auto services and dealerships, motels, lumberyards, appliance stores and restaurants, including fast service types. In almost all cases, these uses require good automobile and service access so that customers can safely load and unload without impeding traffic. In some locations, residential and mixed -use projects may be appropriate i n this land use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real and Embarcadero Road northeast of the Bayshore Freeway. Nonresidential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations , generally within
one-half mile of high quality transit.
SECTION 9. The City Council hereby amends Mixed Use land use description in the City of Pa lo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined):
Mixed Use: The Mixed Use designation is intended to promote pedestrian - oriented places that layer compatible land uses, public amenities and utilit ies together at various scales and intensities. The designation allows for multiple functions within the same building or adjacent to one another in the same general vicinity to foster a mix of uses that encourages people to live, work, play and shop in cl ose proximity. Most typically, mixed -use developments have retail on the ground floor and residences above. This category includes Live/Work, Retail/Office, Residential/Retail and Residential/Office development. FARs will range up to 1.15, although development located along transit corridors or near multi-modal centers will range up to 2.0 FAR with up to 3.0 FAR possible where higher FAR would be an incentive to meet community goals such as providing affordable housing. The FAR above 1.15 must be used for residential purposes. Up to 100% of FAR may be used for residential purposes in a Planned Community zone. Consistent with the Comprehensive Plan’s encouragement of housing near Item 6
Attachment A -
Resolution Amending
Land Use and Design
Element to Reflect
Policies and Programs in
2023-2031 Housing
Element and Related
Updates to Zoning Code
Item 6: Staff Report
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transit centers, higher density multi -family housing may be allowed in specific locations, generally within one-half mile of high quality transit.
SECTION 10. The City Council hereby amends Research/Office Park land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined):
Research/Office Park: Office, research and manufacturing establishments whose operations are buffered from adjacent residential uses. Stanford Research Park is an example. Other uses that may be included are educational institutions and child care facilities. Compatible commercial service uses such as banks and restaurants and residential or mixed -uses that would benefit from the proximity to employment centers, will also be allowed. Additional uses, including retail services, commercial recreation, churches and private clubs may also be located in Research/Office Park areas, but only if they are found to be compatible with the surrounding area through the conditional use permit process. In some locations, residential and mixed -use projects may also locate in this category. Maximum allowable FAR ranges from 0.3 to 0.5, depending on site conditions. Consistent with the Comprehensive Plan, multi -family housing may be allowed in specific locations.
On Housing Element opportunity sites, FAR will typically range from
1.25 to 2.5, as specified in the Zoning Ordinance. Higher FARs may be feasible within one-half mile of high quality transit, as specified in the Zoning Ordinance.
SECTION 11. The City Council hereby amends Light Industrial land use description in the City of Palo Alto Comprehensive Plan Land Use and Commu nity Design Element to read as follows (additions underlined):
Light Industrial: Wholesale and storage warehouses and the manufacturing, processing, repairing and packaging of goods. Emission of fumes, noise, smoke, or other pollutants is strictly controlled. Examples include portions of the area south of Oregon Avenue between El Camino Real and Alma Street that historically have included these land uses, and the San Antonio Road industrial area. Compatible residential and mixed use projects may also be lo cated in this category. FAR will range up to 0.5.
On Housing Element opportunity sites, FAR will typically range from 1.5 to 2.5, as specified in the Zoning Ordinance. Higher FARs may be feasible within one-half mile of high quality transit. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit.
Item 6
Attachment A -
Resolution Amending
Land Use and Design
Element to Reflect
Policies and Programs in
2023-2031 Housing
Element and Related
Updates to Zoning Code
Item 6: Staff Report
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SECTION 12. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the potential environmental impacts of the 2023 -2031 Housing Element. On May 8, 2023, the City Council adopted Resolution 10107, finding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Programs
1.1A and 1.1B of the Housing Element, which this resolution implements.
INTRODUCED AND 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 6
Attachment A -
Resolution Amending
Land Use and Design
Element to Reflect
Policies and Programs in
2023-2031 Housing
Element and Related
Updates to Zoning Code
Item 6: Staff Report
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Exhibit A: Existing and Proposed Comprehensive Plan Land Use Designations
Item 6
Attachment A -
Resolution Amending
Land Use and Design
Element to Reflect
Policies and Programs in
2023-2031 Housing
Element and Related
Updates to Zoning Code
Item 6: Staff Report
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Adopting Chapter 18.14 (Housing Incentives) and Amending Various Chapters of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.1A and 1.1B of the City of Palo Alto 2023-2031 Housing Element
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declara�ons.
(a) On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Sec�on 65585. (b) Program 1.1A of the Housing Element provides for amendments to the zoning ordinance that are necessary to accommodate the City’s Regional Housing Needs Alloca�on (“RHNA”) on the inventory of housing opportunity sites provided in Appendix D to the Housing Element. (c) Program 1.1B of the Housing Element provides for addi�onal amendments to the zoning ordinance for ROLM and GM zoned proper�es that exceed those required under Program 1.1A. (d) Government Code Sec�ons 65583 and 65588 require that the City complete its rezoning of sites under Program 1.1A by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element.
(e) This ordinance implements Programs 1.1A and 1.1B of the Housing Element, resul�ng in an inventory of sites suitable and available for development that is sufficient to meet the City’s RHNA during the Housing Element planning period.
SECTION 2. Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
CHAPTER 18.14: HOUSING INCENTIVES
18.14.010 Purpose
This chapter implements the regional housing needs strategy (RHNA) of the City’s Comprehensive Plan Housing Element to rezone opportunity sites; facilitates housing produc�on; affirma�vely furthers fair housing; and provides incen�ves for housing development, especially below-market rate housing.
18.14.020 Housing Element Opportunity Sites
This subsec�on implements the rezoning required to meet the RHNA in the 2023-2031 Housing Element, pursuant to Appendix D. Regula�ons iden�fied in Table 1 and Table 2 modify and replace development standards provided in base zoning district and applicable combining district regula�ons.
a) Applicability
: This subsec�on applies to Housing Development Projects, as defined in Government Code Sec�on 65589.5, on Housing Element opportunity sites listed in Appendix D Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
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and on sites within the GM/ROLM and El Camino Real Focus Areas depicted in Figure 1 and Figure 3.
b) Permited Uses: Refer to the base zoning district and applicable combining districts for allowed uses, except:
(1) Exclusively residen�al uses are permited on all Housing Element opportunity sites. (2) Combining district use regula�ons shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households.
(3) Sites zoned to allow mixed use development and are iden�fied in Appendix D of the Housing Element as suitable for lower income households, must be developed with a minimum of two-thirds residen�al floor area.
c) Development Standards: Refer to base zoning district and applicable combining districts for development standards except:
(1) Residen�al uses on R-1 zoned sites (faith-based ins�tu�ons) shall be subject to the development standards for the RM-30 zoning district, pursuant to Chapter 18.13.040, except that Maximum FAR shall be 1.25 and minimum density shall be 20 units per acre. (2) RM-20, RM-30, RM-40, CN, CS, CC, CC(2), CD-C, and CD-N zoned sites as modified by Table 1 (3) GM, ROLM, and RP zoned sites as modified by Table 2
(4) PF zoned sites shall meet the following development standards:
(A) Downtown sites: CD-C standards, pursuant to Table 1 below (B) California Avenue sites: CC(2) standards, pursuant to Table 1 below (5) Specific Stanford University-owned sites and El Camino Real Focus Area sites may, as an alterna�ve to State Density Bonus Law, meet base district regula�ons as modified by Table 3.
Housing Development Projects that u�lize State Density Bonus Law shall be subject to base district standards or standards provided in Tables 1 and 2, as applicable. Addi�onally, El Camino Real Focus Area sites shall:
(A) Complete Major Architectural Review pursuant to Sec�on 18.77.020 (B) Provide 20% of total units as on-site below-market rate housing affordable to households earning up to 80% of AMI. This requirement shall apply in place of the basic requirements set forth in Sec�ons 16.65.030 and 16.65.040. (6) Combining district design and development standards shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households.
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Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
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Table 1
Housing Element Opportunity Site Development Standards (Residen�al and Commercial Mixed Use Districts)
Base Zoning
District
Maximum FAR (1)
Minimum
Landscape
Coverage
Residen�al Density (du/ac)(4)
Other
Development
Standards Residen�al Total Minimum Maximum
CC(2) 1.5 2.0 (3) 20
See base district
regula�ons:
18.16.060
See base district
regula�ons:
18.16.060
CC 1.25 1.25 (3) 20
CS (El Camino
Real) 1.25 1.25 (3) 20
CS (Other) 1.25 1.25 (3) 20 See HE Appendix D
CN (El Camino
Real) 1.25 1.25 30% (3) 20
See base district
regula�ons:
18.16.060
CN (Other) 1.25 1.25 30% (3) 20 See HE Appendix D
CD-C 2.0 2.0 (2)
(3)
20 See base district
regula�ons:
18.18.060
See base district
regula�ons:
18.18.060
CD-N 1.5 1.5 (3) 20 See HE Appendix D
RP 1.25 1.25
(3)
25 None; 40 du/ac
an�cipated
See base district
regula�ons:
18.20.040
RM-40 1.5 1.5 (3) 31
See HE Appendix D
See base district
regula�ons:
18.13.040
RM-30 1.25 1.25 (3) 20
RM-20 1.25 1.25
See
18.13.040 20
(1) Nothing in this table increases the non-residen�al floor area permited in any district. (2) FAR may be increased with transfer of development rights; see Chapter 18.18 for details. (3) Landscape coverage may be provided above the ground-floor. If standard is not specified, refer to base district regula�ons.
(4) Where no maximum density is provided in terms of du/ac, maximum density shall be determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where noted, refer to Housing Element Appendix D: Sites Inventory for specified densi�es.
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Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
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Table 2
GM/ROLM Focus Area Development Standards for Housing Development Projects Only Base Zoning
District
Maximum FAR
Minimum
Landscape
Coverage
Maximum
Lot
Coverage
Residen�al Density
(du/ac)(2)
Maximum
Height
Minimum
Residen�al
Parking
Ra�os
Other
Development
Standards Residen�al
Total
(3) Minimum Maximum
GM (Focus
Area, Figure
1) 2.5 2.5 20% (1) 70% 40
None; 90
du/ac
an�cipated 60
1 space per
studio/1-bed;
1.5 spaces per
2-bed+
See base
district
regula�ons:
18.20.040
GM (Other
Opportunity
Sites) 1.5 1.5 30% (1) 70% 25
None; See
HE Appendix
D for
an�cipated
densi�es
See
18.20.040 No change
ROLM
(Focus
Area, Figure
1) 2.5 2.5 20% (1) 70% 40
None; 90
du/ac
an�cipated 60
1 space per
studio/1-bed;
1.5 spaces per
2-bed+
ROLM
(Other
Opportunity
Sites) 1.5 1.5 (1) 70% 25
None; 50
du/ac
an�cipated 45 No change
(1) Landscape coverage may be provided above the ground-floor. If standard is not specified, refer to base district regula�ons.
(2) These sites do not provide a maximum density in terms of du/ac; however, an�cipated densi�es have been determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where referenced, the densi�es specified in Housing Element Appendix D: Sites Inventory represent an�cipated densi�es based on realis�c development capaci�es.
(3) Nothing in this table increases the non-residen�al floor area permited in any district. //
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Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
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Figure 1: GM/ROLM Housing Element Focus Area
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
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Table 3
Site-Specific Development Standards (Stanford-Owned Sites & El Camino Real Focus Area) Loca�on
Pasteur Dr. & 1100 Welch Rd. (1)(3)
(Figure 2)
El Camino Real Focus Area (1)
(Figure 3)
Minimum Front Setback 15 feet See base district regula�ons Minimum Setback See base district regula�ons:
18.13.040
See base district regula�ons,
except:
For sites with a property line
abu�ng a low density
residen�al (RE, R2, or RMD) or
R1 single family residen�al
district: 20 feet
Maximum FAR 3.5 (Total) 4.0 (Total)
Maximum Site/Landscape
Coverage
(2) (2)
Maximum Lot Coverage 60% 70%
Maximum Density (du/ac) None None
Maximum Height(6) 85 85
Daylight Plane Sand Hill Rd. frontage only: ini�al
height 60 feet above grade at the
Sand Hill Rd. setback line and a
45-degree angle
See base district regula�ons for
standards for daylight planes
Height Transi�ons n/a Within 100 � of low density
residen�al (RE, R2, or RMD) or
R1 single family zone district
property line: 35 �.
Between 100 and 150 � of low
density or R1 zone district
property line: 45 �.
Upper Story Step Back None El Camino Real frontage above 55 feet in height: minimum 6
foot step-back from lower
façade, for a minimum 70% of
the façade length; and average
setback from the property line
for the en�re façade shall be 20
feet
(7)
See Figure 4.
Open Space 100 sq. �/unit (any combina�on
of common and/or private)
100 sq. �/unit (any combina�on
of common and/or private)
Minimum Residen�al Parking
(5)
0.5 spaces/unit 1 space/unit
(Per AB2097: 0 space/unit within
½ mile of Caltrain)
Other Development Standards See base district regula�ons:
18.13.040
See base district regula�ons
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
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Design Criteria/Standards Compliance with Objec�ve
Design Standards pursuant to
Chapter 18.24 (4)
Architectural Review and
compliance with either
Objec�ve Design Standards
pursuant to Chapter 18.24 or
Context-Based Design Criteria
pursuant to base district
regula�ons. (4)
(1) Site locations as defined in the 2023-2031 Housing Element (2) Permitted above the ground-floor. If standard is not specified, refer to base district regulations. (3) Housing may be developed in phases and individual phases may not meet all standards.
However, upon completion the project as a whole must conform to these standards. Individual parcels shall be deed restricted to address standards that are met in aggregate, but not on a parcel-by-parcel basis. In addition, for each phase, the applicant shall demonstrate, to the satisfaction of the Director, that the overall site is capable of meeting all standards upon completion of the project as a whole.
(4) Except, the following objective design standards shall be modified to meet the realistic capacity identified in the Housing Element:
(a.) 18.24.050(b)(5): Diversity of Housing Types, shall be replaced with the following standard:
Maximum façade length shall be less than or equal to 250 feet. (b.) 18.24.060(b)(7): Parking/Loading/Utilities, shall be replaced with the following standard:
Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path with the exception of vehicular alleys, shall compose no more than 50% of any public frontage. Garage façades fronting on public right-of-way shall be screened with decorative architectural screening (e.g. perforated metal panels, murals), lined with habitable uses, or screened with landscaping (e.g., green wall, climbing vines). (5) Projects providing fewer than 50% of the parking spaces that would be required under Section
18.52.040 shall develop and implement a transportation demand management plan containing, at a minimum: free transit passes for residents; and provision of outlets appropriately spaced for e-bike charging at 20% of bicycle parking spaces.
(6) Railings and parapets shall be excluded from height calculations in this Table 3 only to the extent they are required for health and safety standards in Titles 15 and 16 of this code. (7) Average setback from the property line may be calculated by taking the area between the property line and the upper façade. This area, in square feet, shall be greater than or equal to the façade length multiplied by 20. Example: 200-foot façade length x 20-foot average setback = minimum 4,000 sq. ft. area of setback per floor. For purposes of this calculation, portions of the upper façade with a setback greater than 40 feet shall be treated as if the façade is located at 40 feet from the property line. For purposes of this calculation, roof projections and eaves up to four feet in depth shall be excluded.
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Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
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Figure 2: Pasteur Drive Focus Area
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
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*NOT YET APPROVED* Atachment B
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Figure 3: El Camino Real Focus Area
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
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above 55’
85’ maximum height
minimum sidewalk width12’property line
face of curb
15’
property line
20’ average stepback
average stepback calculation
uses building areas within a
40’ stepback
portions of buildings
more than 40 feet from
the property line shall be
counted as 40 feet
average stepback20’
Yx20 feet averagebuilding stepback above 55 feet
BUILDING AREA
Y
(not pictured)
6' minimum
stepback from
façade for ≥70%
of façade below
≥
Figure 4: Upper Story Step Back (El Camino Real Focus Area) Figure 4b
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
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18.14.030 Housing Incen�ve Program (Reserved)
18.14.040 Affordable Housing Incen�ve Program (Reserved)
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Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
21 Packet Pg. 138 of 368
*NOT YET APPROVED* Atachment B
12 0160131_20231128_ay16
SECTION 3. Sec�on 18.12.030 (Land Uses) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (CHANGES SHOWN IN UNDERLINE STRIKEOUT):
18.12.030 Land Uses
The permited and condi�onally permited uses for the single family residen�al districts are shown in Table 1:
Table 1
PERMITTED AND CONDITIONAL R-1 RESIDENTIAL USES
R-1 and all R-1
Subdistricts
Subject to Regula�ons in:
[. . .]
RESIDENTIAL USES
Single-Family P
Two-Family use, under one ownership P 18.42.180
Mobile Homes P 18.42.180
Mul�ple-Family P(2) 18.14.020
Residen�al Care Homes P
[. . .]
(1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single-family residence on a lot is permited, subject to the provisions of Chapter 18.09. (2) Housing Element opportunity sites (faith-based ins�tu�ons) only.
SECTION 4.
Sec�on 18.12.040 (Development Standards) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:
18.12.040 Development Standards
(a) Site Specifica�ons, Building Size, Height and Bulk, and Residen�al Density The development standards for the R-1 district and the R-1 subdistricts are shown in Table 2, except:
(1) To the extent such standards may be modified by Sec�on 18.42.180 for two-family uses pursuant to California Government Code Sec�on 65852.21 (SB 9, 2021; (2)
On Housing Element opportunity sites (faith-based ins�tu�ons): development standards for Mul�ple-Family uses are iden�fied in Sec�on 18.14.020, which states that sites shall meet the development standards for the RM-30 zoning district, except that Maximum FAR shall be 1.25.
[. . .]
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Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
22 Packet Pg. 139 of 368
*NOT YET APPROVED* Atachment B
13 0160131_20231128_ay16
SECTION 5. Chapter 18.13: MULTIPLE FAMILY RESIDENTIAL (RM-20, RM-30 AND RM-40) DISTRICTS
[. . .]
18.13.040 Development Standards
(a) Site Specifica�ons, Building Size and Bulk, and Residen�al Density
The site development regula�ons in Table 2 shall apply in the mul�ple-family residence districts, provided that more restric�ve regula�ons may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regula�ons set forth in Chapter 18.76, and the objec�ve design standards set forth in Chapter 18.24.
Except that sites
designated as Housing Element Opportunity Sites shall meet the development standards specified in Chapter 18.14.020.
Table 2
Mul�ple Family Residen�al Development Table
RM-20 RM-30 RM-40
Subject to
regula�ons in:
[. . .]
Maximum Site Coverage:
Base 35% 40% 45%
Addi�onal area permited to be covered by
covered pa�os or overhangs otherwise in
compliance with all applicable laws
5% 5% 5%
Maximum Floor Area Ra�o (FAR)(4) 0.5:1 0.6:1 1.0:1
Residen�al Density (units)
Maximum number of units per acre(3) 20 30 40 18.13.040(g)
18.14.020
Minimum number of units per acre(8) 11 16 21 18.14.020
Minimum Site Open Space(5) (percent) 35 30 20 18.13.040(e)
18.14.020
Minimum Usable Open Space (sf per unit)(5) 150 150 150 Minimum common open space (sf per unit) 75 75 75 18.13.040(e) Minimum private open space (sf per unit) 50 50 50
Performance Criteria See provisions of Chapter 18.23 Ch. 18.23 Landscape Requirements 18.40.130
Parking(6) See provisions of Chapter 18.52 Ch. 18.52
[. . .]
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
23 Packet Pg. 140 of 368
*NOT YET APPROVED* Atachment B
14 0160131_20231128_ay16
SECTION 6. Chapter 18.20: OFFICE, RESEARCH, AND MANUFACTURING (MOR, ROLM, RP , AND GM) [. . .]
18.20.030 Land Uses
(a) Permited and Condi�onally Permited Land Uses
Table 1 lists the land uses permited or condi�onally permited in the industrial and manufacturing districts.
Table 1
Industrial/Manufacturing District Land Uses
[P = Permited Use CUP = Condi�onal Use Permit Required]
MOR ROLM
ROLM(E)
RP
RP(5)
GM Subject to Regula�ons
in Chapter:
[. . .]
RESIDENTIAL USES
Single-Family Not permited 18.20.040(b)
Two-Family Not permited
Mul�ple-Family (Housing
Element Opportunity Site) P P P
18.14.020
Mul�ple-Family (Other
Sites) CUP CUP(1) CUP CUP(1)
18.14.020
Residen�al Care Homes P CUP CUP CUP 18.23.100(B)
[. . .]
(1) Adjacent to Bayshore Freeway and generally bounded by East Charleston Road and Loma Verde Avenue (see Figure 1), subject to CUP
[. . .]
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Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
24 Packet Pg. 141 of 368
*NOT YET APPROVED* Atachment B
15 0160131_20231128_ay16
Figure 1: GM/ROLM Housing Element Focus Area
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
25 Packet Pg. 142 of 368
*NOT YET APPROVED* Atachment B
16 0160131_20231128_ay16
18.20.040 Site Development Standards
[. . .]
(b) Development Standards for Exclusively Residen�al Uses Residen�al uses shall be permited in the MOR, RP , RP(5), ROLM, ROLM(E), and GM zoning districts, subject to the following criteria.
(1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al or non-residen�al zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest flexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) No new single-family or two-family residen�al development is permited in any of the office, research and manufacturing districts, and no new residen�al development is permited within 300 feet of an exis�ng Hazardous Materials Tier 2 use. Exis�ng single-family and two-family uses and exis�ng residen�al development within 300 feet of an exis�ng Hazardous Materials Tier 2 use shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es).
(3) MOR District. All mul�-family development in the MOR zoning district shall be permited subject to approval of a condi�onal use permit and compliance with the development standards prescribed for the RM-30 zoning district.
(4) RP and RP(5) Districts. All mul�-family development in the RP , and RP(5) zoning districts that is located within 150 feet of an R-E, R-1, R-2, RMD, or similar density residen�al PC zone shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district, including Village Residen�al development types. Mul�-family development in the MOR, RP , and RP(5) zoning districts that is located greater than 150 feet from an R-E, R-1, R-2, RMD, or low density residen�al PC shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district , except for sites designated as
Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (5) ROLM (E) District. All mul�-family development in the ROLM(E) zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district. (6) ROLM District. All mul�-family development in the ROLM zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (7) GM District. All residen�al development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter
18.14.020.
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
26 Packet Pg. 143 of 368
*NOT YET APPROVED* Atachment B
17 0160131_20231128_ay16
(8) Combining Districts. Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (c) Development Standards for Mixed (Residen�al and Nonresiden�al) Uses in the MOR, ROLM, ROLM(E), RP , and RP(5) zoning Districts
Mixed (residen�al and nonresiden�al) uses shall be permited in the MOR, ROLM, ROLM(E), RP , and RP(5) zoning districts, subject to the following criteria:
(1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al, non-residen�al, or mixed use zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest flexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) New sensi�ve receptor land uses shall not be permited within 300 feet of a Hazardous Materials Tier 2 or Tier 3 use. Exis�ng sensi�ve receptors shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es). (3) ROLM(E) District. Mixed (residen�al and nonresiden�al) development in the ROLM(E) zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-20 zoning district. The maximum floor area ra�o (FAR) for mixed use development is 0.3 to 1. (4) ROLM District. Mixed (residen�al and nonresiden�al) development in the ROLM zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-30 zoning district. The maximum floor area ra�o (FAR) for mixed use development is 0.4 to 1.
Except that
sites designated as Housing Element Opportunity Sites or Focus Areas shall meet the development standards specified in Chapter 18.14.020.
(5) GM District. Mixed use (residen�al and nonresiden�al) development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020.
In compu�ng residen�al densi�es for mixed (residen�al and nonresiden�al) uses, the density calcula�on for the residen�al use shall be based on the en�re site, including the nonresiden�al por�on of the site.
[. . .]
//
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Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
27 Packet Pg. 144 of 368
*NOT YET APPROVED* Atachment B
18 0160131_20231128_ay16
SECTION 7. Chapter 18.16: NEIGHBORHOOD, COMMUNITY , AND SERVICE COMMERCIAL (CN, CC
AND CS) DISTRICTS
[. . .]
18.16.060 Development Standards
[. . .]
(b) Mixed Use and Residen�al
Table 4 specifies the development standards for new residen�al mixed use developments and residen�al developments. These developments shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24,except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modified in Chapter
18.14.020. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet the context-based design criteria outlined in Sec�on 18.16.090, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020.
Table 4
Mixed Use and Residen�al Development Standards
CN CC CC(2) CS Subject to
regula�ons in:
[. . .]
Maximum Site Coverage 50% 50% 100% 50%
Minimum Landscape/Open Space
Coverage 35% 30% 20% 30% 18.14.020
Usable Open Space (Private and/or
Common)
150 sq � per unit (2)
18.16.090
Maximum Height (�)
Standard 35' (4) 50' 37' 50'
Por�ons of a site within 150 �. of an
abu�ng residen�al district (other than
an RM-40 or PC zone) (5)
35' 35' 35' 35' 18.08.030
Daylight Plane for lot lines abu�ng
one or more residen�al zoning
districts
Daylight plane height and slope shall be iden�cal to
those of the most restric�ve residen�al zoning district abu�ng the lot line
Residen�al Density (net) (3) 15 or 20 (9)
See sub-
sec�on
(e)
below
No maximum
30 18.16.060(i)
18.14.020
Sites on El Camino Real No maximum No maximum
Maximum Residen�al Floor Area Ra�o
(FAR) 0.5:1 (4) 0.6:1 0.6:1 18.16.065
18.14.020
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
28 Packet Pg. 145 of 368
*NOT YET APPROVED* Atachment B
19 0160131_20231128_ay16
CN CC CC(2) CS Subject to
regula�ons in:
[. . .]
Maximum Nonresiden�al Floor Area
Ra�o (FAR) 0.4:1 2.0:1 0.4:1
Total Mixed Use Floor Area Ra�o (FAR) 0.9:1 (4) 2.0:1 1.0:1 18.16.065
18.14.020
Minimum Mixed Use Ground Floor
Commercial FAR (6) 0.15:1(10) 0.15:1(10)
0.25:1 (7) (10) 0.15:1 (10)
Parking See Chapters 18.52 and 18.54 (Parking) 18.52, 18.54
[. . .]
(c) Exclusively Residen�al Uses
Exclusively residen�al uses are generally prohibited in the CN, CS, CC(2) and CC zone districts, except on housing inventory sites iden�fied in the Housing Element, subject to the standards in Sec�on 18.16.060(b), and on CS and CN sites on El Camino Real and CC(2) sites, subject to the following. (1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail shopping (R) combining district or the retail preserva�on provisions of Sec�on 18.40.180 do not apply, exclusively residen�al uses are allowed subject to the standards in Sec�on 18.16.060(b) and the following addi�onal requirements:
(A) Residen�al units shall not be permited on the ground-floor of development fron�ng on El Camino Real unless set back a minimum of 15 feet from the property line or the 12-foot effec�ve sidewalk setback along the El Camino Real frontage, whichever is greater. Common areas, such as lobbies, stoops, community rooms, and work-out spaces with windows and architectural detail are permited on the ground-floor El Camino Real frontage.
(B) Parking shall be located behind buildings or below grade, or, if infeasible, screened by landscaping, low walls, or garage structures with architectural detail.
(C) Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details.
SECTION 8. Chapter 18.18: DOWNTOWN COMMERCIAL (CD) DISTRICT
18.18.060 Development Standards
[. . .]
(b) Mixed Use and Residen�al
Table 3 specifies the development standards for new residen�al mixed use developments and residen�al developments. Housing Development Projects shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24. Non- Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
29 Packet Pg. 146 of 368
*NOT YET APPROVED* Atachment B
20 0160131_20231128_ay16
Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet context-based design criteria outlines in Sec�on 18.18.110, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020:
TABLE 3
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
CD-C CD-S CD-N Subject to regula�ons
in Sec�on:
[. . .]
Maximum Site Coverage No requirement 50% 50%
Minimum Landscape Open Space
Coverage 20% 30% 35% 18.14.020
Usable Open Space (Private and/or
Common)
150 sq � per unit (1) 18.18.110
Maximum Height (�)
Standard 50' 50' 35' 18.08.030
Por�ons of a site within 150 �. of an
abu�ng residen�al district (other than
an RM-40 or PC zone)(4)
40' 40' 35' 18.08.030
Daylight Plane for lot lines abu�ng
one or more residen�al zoning
districts or a residen�al PC district
Daylight plane height and slope iden�cal to those
of the most restric�ve residen�al zone abu�ng
the lot line
Residen�al Density (net)(2) No maximum 30 30 18.14.020 Maximum Weighted Average
Residen�al Unit Size(5)
1,500 sq � per
unit No maximum No maximum
Maximum Residen�al Floor Area Ra�o
(FAR) 1.0:1(3) 0.6:1(3) 0.5:1(3) 18.14.020,
18.18.065, 18.18.070
Maximum Nonresiden�al Floor Area
Ra�o (FAR) 1.0:1(3) 0.4:1 0.4:1
Total Floor Area Ra�o (FAR)(3) 2.0:1(3) 1.0:1(3) 0.9:1(3) 18.14.020,
18.18.065, 18.18.070
Parking Requirement See Chapters 18.52 and 18.54 Chs. 18.52, 18.54
[. . .]
(c) Exclusively Residen�al Uses
(1) Exclusively residen�al uses are allowed in the CD-C subdistrict, except in the ground floor (GF) combining district. However, GF combining district use regula�ons and design and development Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
30 Packet Pg. 147 of 368
*NOT YET APPROVED* Atachment B
21 0160131_20231128_ay16
standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (2) Exclusively residen�al uses are generally prohibited in the CD-N and CD-S subdistricts. Such uses are allowed, however, where a site is designated as a housing inventory site in the Housing Element of the Comprehensive Plan. Such sites shall be developed pursuant to the regula�ons for the mul�-family zone designa�on (RM-20, RM-30, or RM-40) iden�fied for the site in the Housing Element.
SECTION 9. Chapter 18.28 SPECIAL PURPOSE (PF, OS and AC) DISTRICTS [. . .]
18.28.040 Land Uses
Table 1 shows the permited (P) and condi�onally permited (CUP) land uses for the Special Purpose Districts.
Table 1
Land Uses
PF OS AC Subject to Regula�ons
in Chapter:
[. . .]
Single-family dwellings P
Manufactured housing (including mobile homes on
permanent founda�ons)
P 18.40.
Mul�ple-Family (Housing Element Opportunity Site) P 18.14.020 Guest ranches CUP
Residen�al care facili�es, when u�lizing exis�ng
structures on the site
CUP(1)
Residen�al Care Homes P
Residen�al use, and accessory buildings and uses
customarily incidental to permited dwellings;
provided, however, that such permited dwellings
shall be for the exclusive use of the owner or
owners, or lessee or lessor of land upon which the
permited agricultural use is conducted, and the
residence of other members of the same family and
bona fide employees of the aforemen�oned
P
[. . .]
[. . .]
18.28.050 Site Development Standards
(a) Development Standards. On Housing Element opportunity sites (City-owned parking lots):
development standards are iden�fied in Sec�on 18.14.020
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
31 Packet Pg. 148 of 368
*NOT YET APPROVED* Atachment B
22 0160131_20231128_ay16
Table 2
Special Purpose District Site Development Standards
[. . .]
(b) Open Space Impervious Coverage and Floor Area
(1) Residen�al Use
The impervious coverage and floor area ra�os shall be determined based on a sliding scale calcula�on. Table 3 provides the range of allowable percentages for the calcula�on. Allowable development for other site sizes between 1 and 10 acres shall be calculated on a prorated basis between the acreages shown in Table 3. Except that on Housing Element opportunity sites (City-owned parking lots), development standards are iden�fied in Sec�on 18.14.020.
Table 3
Open Space Residen�al Impervious Coverage and Floor Area Ra�o Scale [. . .]
SECTION 10. If any sec�on, subsec�on, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, such decision shall not affect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every sec�on, subsec�on, sentence, clause, or phrase not declared invalid or uncons�tu�onal without regard to whether any por�on of the ordinance would be subsequently declared invalid or uncons�tu�onal.
SECTION 11. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the poten�al environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolu�on No. 10107, finding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Program 1.1A and 1.1B of the Housing Element, which this ordinance implements.
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Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
32 Packet Pg. 149 of 368
*NOT YET APPROVED* Atachment B
23 0160131_20231128_ay16
SECTION 12. This ordinance shall be effec�ve on the thirty-first date a�er the date of its adop�on.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________
____________________________
City Clerk Mayor
APPROVED AS TO FORM:
APPROVED:
____________________________ ____________________________ Assistant City Atorney City Manager
____________________________
Director of Planning and Development Services
Item 6
Attachment B - Ordinance
Adopting Ch 18.14
Housing Incentives
Amending Title 18 to
Implement Programs 1.1A
and 1.1B of CPA 2023-
2031 Housing Element
Item 6: Staff Report
Pg.
33 Packet Pg. 150 of 368
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: December 11, 2023
Report #:2311-2248
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 and November 6, 2023)
RECOMMENDATION
Staff recommends conduct a public hearing for this item. This is a cover memo to go with the staff report previously published for the Council agenda of November 6, 2023.
ATTACHMENTS
Attachment A: November 6, 2023 Staff Report and Attachments APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 7
Item 7 Staff Report
Item 7: Staff Report
Pg.
1 Packet Pg. 151 of 368
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:
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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 7
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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:
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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
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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 7
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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 7
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Photo showing angled 36” tall fence up close
Photo showing angled 36” tall fence from across drive ATTACHMENT 2 Item 7
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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: Action
Lead Department: Administrative Services
Meeting Date: December 11, 2023
Report # 2309-2043
TITLE
Direction to Pursue Development of New Parking and Refined Proposals for Housing in the University Avenue Downtown and Development Goals for Housing Investment. CEQA Status – Not a Project.
RECOMMENDATION
Staff recommends that the City Council direct staff to:
1. Resume work on a new parking structure in the downtown core on a City surface parking lot (previously designed for on Hamilton / Waverley Lot D at 375 Hamilton Avenue) and
2. Pursue refined proposals for potential housing development on City surface parking lot on Lytton / Kipling Lot T at 450 Lytton Avenue with direction on key development goals such as,
a. 100% affordable housing or alternative such as workforce housing b. Height allowance and/or density
c. Parking availability on site for housing.
EXECUTIVE SUMMARY
At the direction of the City Council, staff issued a request for information for the development of affordable or workforce housing and new parking in the University Downtown Core and received two submittals from affordable housing developers. Proposals outlined concepts for housing on the City’s downtown surface parking lots. Staff seeks Council direction on next steps to further pursue both new parking and housing development in the University Avenue downtown core based on these responses including 1) direction to resume pursuit of new parking facility (previously designed for Lot D at Hamilton and Waverly) and 2) to seek further information and refinement on a housing development with guidance on development goals with a recommendation to pursue this further work first on Lot T at Lytton and Kipling. The resumption of pursuit of new parking facility is in alignment with the Council objective ”f” under the Council 2023 priority, Economic Recovery and Business Transition, evaluate Item 8
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opportunities for new parking facilities in the University Avenue downtown and direct next steps.
BACKGROUND
Downtown Surface Parking Lots
The City of Palo Alto owns the 12 surface parking lots listed below in its downtown. Condition of Title Guarantees prepared by Old Republic Title for each of these lots show that title to their fee interest are vested in the City of Palo Alto and there are no restrictions or outstanding debt recorded on title.
Lots Address Approximate Lot
Area (Sq. Ft.)
Number of
Stalls
Emerson/Lytton Lot (A) 431 Emerson Street 20,265 68
Ramona/Lytton Lot (C) 264 Lytton Avenue 17,000 52
Hamilton/Waverley Lot (D) 375 Hamilton Avenue 27,969 84 Gilman/Bryant Lot (E) 642 Gilman Street 11,251 35
Florence/Lytton Lot (F) 415 Florence Street 17,174 47
Gilman/Waverley Lot (G) 643 Gilman Street 16,873 53
Cowper/Hamilton Lot (H) 530 Cowper Street 30,409 93
Lytton/Waverley Lot (K) N/A 21,180 47
Emerson/Ramona Lot (N) 539 Emerson Street 14,997 48
Emerson/High Lot (O) 460 Emerson Street 22,500 78
High/Hamilton Lot (P) 551 High Street 15,980 51
Lytton/Kipling Lot (T) 450 Lytton Avenue 19,236 51
Lot D Parking Garage Project
In 2019, the City Council certified the Environmental Impact Record and approved planning entitlements for a Downtown Parking Garage project on Lot D.1 However the Council declined to approve a contract for final design and instead directed staff to suspend work on the Downtown Garage Project and return to the Policy and Services Committee with a broader parking management strategy and options to address downtown parking needs. The Downtown Parking Garage Project has been paused since that time and a placeholder remains in the City’s five-year Capital Improvement Program pending further action.
Parking Garage and Affordable Housing Request for Information (RFI) At the December 6, 2021 City Council meeting2, the Council voted 6 – 1 to direct staff to:
1 https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Engineering- Projects/Downtown-Parking-Garage-Project
2 See Item 10 (ID # 13633) starting on Packet Page 285 of the 12/6/2021 City Council Meeting Packet:
https://www.cityofpaloalto.org/files/assets/public/v/8/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2021/12-december/20211206/20211206pccsm-amended-linked.pdf Item 8
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A. Initiate a RFI to examine feasibility of partnering with a private entity (for-profit or non- profit) on development of new parking using Downtown In-Lieu Parking Fees, in conjunction with housing or other uses, including the use of City surface lots or privately held parcels; and
B. Council supports a preference for pursuing affordable housing as the preferred housing component, a preference for lot D as the preferred location, and limits the use of general funds to subsidize parking construction.
On December 28, 2022, the City released an RFI for Downtown New Parking & Housing or Other Uses3 with a due date of March 7, 2023. The City received responses from Alta Housing (Attachment A) and MidPen Housing (Attachment B). In May 2023, each firm presented and discussed their submittals to the City’s project team, consisting of staff from Administrative Services – Real Estate Division, Planning, Public Works, Transportation, and the Office of the City Attorney. Both submittals suggest that it may be feasible to partner with a developer to construct new parking and affordable housing on the City-owned downtown surface parking lots.
Housing Element Program 1.4 City-Owned Land Lots
Program 1.4 of the City’s Housing Element, as revised and adopted in November 2022 and May 2023, identifies City-owned lots in the University Avenue Downtown Area as potential sites for affordable housing development. The Implementing Objective A states that projects on City- owned surface parking lots shall provide 100% affordable housing, capped at 80% AMI, or for workforce housing for City and PAUSD employees.4
Alta Housing Submittal Summary
Alta Housing is a 501c3 nonprofit organization based in Palo Alto and was incorporated in California in 1970. They are focused exclusively on providing affordable housing and resident services in Santa Clara and San Mateo counties. Recent examples of 100% affordable housing projects completed by the firm include:
1. Luna Vista: 71 units (70 studios and 1 two-bedroom unit) with 32 automobile parking spaces situated on a 0.61-acre site in downtown Mountain View completed in November 2021
2. Fair Oaks Commons: 67 units (61 studios, 5 one-bedroom units, and 1 two-bedroom unit) with 50 automobile parking spaces developed on 0.59 acres in the North Fair Oaks neighborhood of Redwood City in November 2020
3. Wilton Court: 59 units (55 studios and 4 one-bedroom units) with 41 automobile parking spaces constructed on 0.46 acres in Palo Alto’s Ventura neighborhood in October 2022. 3 https://pbsystem.planetbids.com/portal/25569/bo/bo-detail/100949 4 See motion passed on Page 3: https://portal.laserfiche.com/Portal/DocView.aspx?id=49777&repo=r- 704298fc&searchid=e83d2953-d1bc-461f-a984-e67019e79ccf
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Alta Housing’s response identified Lots A, C, and T for 206 affordable housing units. The residential units could serve families between 30% and 60% AMI (area median income), seniors, and City or Palo Alto Unified School District employees (workforce housing). Various onsite amenities include community rooms and kitchens, laundry room, bike parking, and outdoor recreation areas. Residential site selection considered integrating Alta Housing’s Barker Hotel and proximity to the Avenidas Senior Center. The proposed projects would rise five stories over a one level podium with the roof line reaching 60 feet and the top of the parapet extending 70 feet. Residential buildings would range from approximately 56,050 to 76,397 square feet.
Alta Housing chose Lots D and O for new above grade parking structures that would increase parking supply by 130 spaces. The lots are near the proposed residential projects and would contain six levels above grade. All of the new parking was intentionally designated to be constructed offsite from the housing projects to maximize the number of residential units and reduce costs, although onsite parking is possible. Details on the approximate financial implications can be found below in the Resource Impact section.
MidPen Housing Submittal Summary
MidPen Housing is a nonprofit organization based in Foster City and was incorporated in California in 1970. The majority of their development communities are located in Santa Clara and San Mateo counties. Examples of 100% affordable housing projects completed by the firm include:
1. Kiku Crossing: 225 units (66 studios, 41 one-bedroom units, 57 two-bedroom units, 59 three-bedroom units, and two manager units) with 164 automobile parking spaces situated on 3.57 acres over two lots in downtown San Mateo that is in progress and projected to be completed in April 2024
2. Brooklyn Basin: four phases totaling 465 units (231 one-bedroom units, 93 two- bedroom units, and 141 three-bedroom units) with 504 automobile parking spaces developed on 4.04 acres in Oakland completed in December 2020 to April 2022 and Phase IV expected to be complete in February 2024
3. Station Center: two phases totaling 157 units (33 one-bedroom units, 74 two-bedroom units, and 50 three-bedroom units) with 157 automobile parking spaces constructed on
2.18 acres in Union City in April 2012.
MidPen’s goal in their original response was to work with the City to identify five to seven of the most developable sites to deliver 41 new affordable rental opportunities on each site and use the remaining lots to replace and expand public parking and provide 21 off-site parking spaces for each of the 41 unit housing developments. Lots A, D, E, G, N, P, and T were thought to have housing development potential, recognizing that the City had a garage plan proposed for Lot D, Lots E and P have some configuration challenges, and Lot G may displace a farmer’s market. A new above-grade parking structure was proposed to be developed first, followed by the housing developments. Additional above ground parking can be added later, if demand exceeds supply.
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The majority of the new homes would serve families with 30% to 80% AMI. An example of a project would be to resume the City’s previous proposal to replace the existing 84 parking spaces in Lot D with a new 324 stall parking structure and then develop Lots G, N, and T for affordable housing, resulting in a parking surplus of 25 stalls. MidPen’s proposed housing projects would stay under the City’s 50-foot height allowance at four stories tall. This is intended to mainly leverage the Low-Income Housing Tax Credit (LIHTC) program. Details on the approximate financial implications can be found below in the Resource Impact Section.
Later on, MidPen presented three additional different development approaches (Attachment C). The first approach starts off by building a new 239-stall garage on Lot D. This is followed by constructing 41 family units on Lot G and 51 senior units on Lot E. The City can then evaluate and reassess for the next phase. The second approach commences with building 41 family units each on Lots F and P. Garages S/L and R would be utilized to accommodate the new housing developments, respectively. A parking study would then be completed to assess demand, and if warranted, a 233-stall garage would be constructed on Lot A. The final approach presented by MidPen envisions 41 family units with 21 onsite parking stalls constructed on Lot T and 51 senior units with 21 onsite parking stalls developed on Lot C. A parking assessment would be completed after the housing is developed, and if needed, a 238-stall parking garage would be built on Lot A.
ANALYSIS
Both submittals reflect the City’s broad request to seek information from developers to understand development potential for the City-owned downtown surface parking lots. Staff seeks the City Council’s input on several variables including the amount of new parking desired, site selection, and desired development goals. This input will allow staff to request refined submittals based on project criteria with significantly more focus on both location of development and goals of the development.
New Parking Desired in University Avenue Downtown Core
Since the Council’s decision regarding the Lot D parking garage in 2019, several important developments have occurred and it remains unclear how much, if any, additional parking the Council desires to add to downtown. In light of these developments, staff is seeking updated direction with a specific recommendation that Council direct staff to resume work on a new downtown parking garage on Lot D [and/or any other lots the Council or staff identifies as appropriate].
First, both submittals include construction of off-site parking structures to replace the loss of public parking spaces on sites that are redeveloped into housing, as well as new spaces that would serve the residential development. Although recent changes in state law (AB 2097) preclude parking requirements for projects located within one half mile of a major transit stop, the developers proposed providing parking at a ratio of 0.5-0.75 spaces for each newly built housing unit for marketability purposes.
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Second, the COVID-19 pandemic has obscured the parking supply and demand scenario downtown. The table below is provided by the City’s Office of Transportation and shows the parking supply and demand as of October 5, 2023 for the City’s downtown surface and garage parking facilities.
In October 2019, the City's Office of Transportation conducted occupancy counts, and we have now compared those findings to our recent data from 2023. At noon in 2019, 92% of permit parking spaces in the Downtown Garages and Lots were occupied, while in 2023, only 45% were occupied. However, by 3 pm, both 2019 and 2023 showed similar occupancy rates for permit spaces. This is because these garages offer three hours of free parking, and after 5 pm, there is no parking enforcement, making these spaces free and accessible to all.
This data along with historic data show that demand for parking in the downtown has increased since the COVID-19 pandemic, although demand is still below pre-pandemic levels. Even though there is arguably adequate parking supply to serve the current demand and there are alternative solutions to relieve parking congestion, building additional parking spaces may be warranted to serve future development (commercial and residential) in downtown, particularly in light of AB 2097. The planned University Streetscape Project could also likely result in a decrease to the downtown street parking supply.
In addition to considering the construction of new parking facilities, it remains important to explore policy measures that can optimize the use of existing parking spaces. Implementing strategic parking policies can direct vehicles to the most appropriate parking locations based on their duration of stay. For instance, encouraging longer-term parking to occur in off-street garages could help in reserving valuable on-street parking for customers and visitors making shorter trips. This approach not only maximizes the efficiency of parking infrastructure but also aligns with broader urban mobility and sustainability goals. As we deliberate on the addition of new parking spaces, a parallel review of parking policies could be instrumental in ensuring a holistic and effective parking management strategy for downtown.
ID Name Supply Total Permit Daily Total Permit Daily Total Permit DailyA Emerson/Lytton Lot 68 68 2 34 68B Ramona/University Garage 128 37 53 35C Ramona/Lytton Lot 51 33 7 39 6 50CCCivic Center Garage 704 363 225 6 275 161 10 58 43 3D Hamilton/Waverley Lot 84 69 53 70E Gilman/Bryant Lot 35 19 19 17 17 13 13F Florence/Lytton Lot 47 21 24 21G Gilman/Waverley Lot 53 28 28 27 27 8 8H Cowper/Hamilton Lot 93 66 52 56K Lytton/Waverley Lot 97 18 12 12 11 9 7N Emerson/Ramona Lot 48 42 1 40 40O Emerson/High Lot 77 65 2 57 77P High/Hamilton Lot 52 46 35 49Q High/Alma North Garage 130 72 72 59 59 28 28R High/Alma South Garage 210 200 116 4 163 99 7 110 37SL Bryant/Lytton Garage 681 350 102 10 304 127 5 246 44 6T Lytton/Kipling Lot 52 16 9 21 9 18 4WCWebster/Cowper Garage 587 168 79 7 165 76 11 84 38 2 Noon 3PM 6PM
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Third, potential future changes to the University Avenue Streetscape provide an additional wrinkle to consider as that project will affect both the number and availability of on-street parking spaces.
Housing Development & New Parking Site Selection
Staff recommends narrowing the potential housing and parking structures to allow the developers to provide more focused project proposals. For the housing sites, both developers were interested in developing Lots A, C, and T. These sites are rectangular shaped corner lots, which allows for simpler, more efficient designs. The other downtown parking lots are more constrained due to size, shape, location (i.e. in the middle of a block), or a combination these factors. In recognition of the considerations that follow, staff recommends an initial housing development focus at Lot T at Lytton Avenue and Kipling Street.
Staff recommends requesting from one or both developers for their best development proposal for a housing development project on Lot T based on the City Council’s development preferences and project parameters. Lot T’s rectangular shape configuration, relatively large size, and corner location makes it an ideal development site for an affordable large family rental housing project. In addition, its relatively low usage, proximity to neighboring commercial and residential zones and distanced from the central “busy” blocks were also consideration in recommending a focus on this lot.
For the parking component, staff recommends resuming or modifying the Downtown Parking Garage Project at Lot D as part of the 2014 Council Infrastructure Plan. Staff would immediately conduct an updated review of the appropriateness of proceeding with Lot D versus alternative locations or designs. Final design needs to be completed to develop construction documents for bidding of the project. Lot A could be an alternative parking site due to its large rectangular configuration in a highly trafficked area and current high parking utilization and proximity to alternative transit opportunities.
Desired Development Goals
Both submittals provided project concepts that generally complied with criteria set forth in RFI.
Summary of RFI Responses
ALTA HOUSING MIDPEN HOUSING
Affordability 30% - 60% 30% - 80% AMI
Density 123 – 165 du/ac (family)
195 du/ac (senior)
93 – 112 du/ac (family)
131 – 197 du/ac (senior)
Average Unit Size 535 – 780 square feet 825 square feet Building Height Up to 70 feet Under 50 feet
Family Housing Unit Mix Studios: 5% - 7% (400 SF)
1 BR: 43% - 37% (550 SF)
2 BR/TH: 27% (825 – 1,100 SF)
3 BR: 25% - 29% (1,100 SF)
1 BR: 24%
2 BR: 25% minimum
3 BR: 25% minimum
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ALTA HOUSING MIDPEN HOUSING
Senior Housing Mix Studio: 12% (400 SF)
1 BR: 87% (550 SF)
2 BR: 1% (950 SF)
Primarily 1 BR
Since the RFI was issued, the City Council has significantly revised the City’s housing policies to encourage housing production through the Housing Element update and corresponding zoning code amendments. These revisions include substantial increases to building height limits (up to 85 feet) and floor area ratio (4.0:1) within the El Camino Real Focus Area.
Staff anticipates additional housing policy updates when the Council considers a Downtown Housing Plan and comprehensive economic development strategies in both Downtown and California Avenue areas. And while formal policy discussions on those items are several months away, staff is seeking the Council’s input on its initial development goals. Based on this input, staff will request more refined proposals for a housing development. Housing Affordability: The initial proposals considered a range of income restricted units, including family, senior housing and supportive housing but all generally at 80% of the area medium income level. Council direction on the desired affordability level has an impact on funding and who the units would serve. For instance, adding workforce housing (greater than 120% AMI but less than 150% AMI) is not expected to qualify for tax credits potentially requiring greater City subsidy. Supportive housing for individuals with special needs may require on-site supportive care facilities or programing. Clarity from Council on housing populations served by this project would enable the prospective developers to provide more focused proposals. Housing Unit Mix and Size: Smaller units yield a greater housing density and may be appropriate in a downtown setting. However, the City also needs family-sized units of three or four bedrooms. Units of this size will result in fewer units but serves a need in Palo Alto. Staff requests Council’s direction on how best to balance these objectives. Building Height and Floor Area: The base height limit downtown is 50 feet and the highest achievable FAR is 3.0 using the City’s Housing Incentive Program, this program however, is not eligible for additional state density bonus incentives. While more study is expected on appropriate housing development standards through the Downtown Housing Plan effort, staff seeks Council’s input on increased height and FAR allowances.
By way of reference, multi-family home builders tend to prefer seven or eight story buildings that extend 75 – 85 feet in height. This type of construction utilizes a two or three-story concrete podium structure with five stories of wood framed construction above. Adding height also adds costs especially for the podium construction so the respondents would need to consider associated cost implications. Staff is also sensitive to the concern that taller buildings in Palo Alto would result in privacy or shading impacts and may disrupt the suburban scale. Actual achievable FAR would depend on other building design features and components and may not be something that requires Item 8
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specific guidance at this time if there is general support to increase FAR beyond the current, housing incentive program 3.0 standard.
On-site Parking: The initial project concepts contemplate off-site parking for the new housing developments. However, on-site parking may be provided, albeit with at an increased cost and reduced density. In addition to new parking to be provided at a separate facility, understanding that recent state law allows developments within 0.5 miles of the transit center to be construct with any on-site parking, Council direction on whether to provide parking onsite for the housing development will better inform these refined proposals and assist in planning for the separate new parking discussed previously.
Other Considerations. Staff welcomes additional feedback or expectations on other design components, such as:
oGround Floor Retail. There is no retail currently located at Lot T and the property is not located in the ground floor protection overlay. Staff does not recommend requiring ground floor retail.
oOpen Space. The affordable housing incentive program identifies a minimum of 50 square feet per unit of useable open space that can be achieved through balconies, terraces, at ground level, and rooftop gardens. oTransitional Height. Portions of Lot T are located within 150 of residential uses that may otherwise limit maximum achievable heights unless the Council were willing to consider adjustments to applicable standards. oOther Code Provisions. Development proposals may require other modifications or adjustments to base district zoning, staff will evaluate and identify these when a refined concept plan is presented to Council for consideration.
FISCAL/RESOURCE IMPACT
Request for Information Alta Housing and Mid Pen Housing Proposed Project Financials Based on project proformas provided by Alta Housing and MidPen Housing, their estimated average total cost is approximately $900,000 to $1,100,000 per housing unit. Similar to other affordable housing public-private partnership arrangements, there is expected to be a variety of funding and contribution from state and local agencies, as well as tax credits and loans.
Financing is expected to significantly improve if the housing units are 60% AMI or lower.
Conversely, financing the development of workforce housing would be more difficult and require significantly more financial support. Based on the responses, the City is expected to contribute the sites to the developer at a nominal cost via a long-term ground lease, and approximately $100,000 per housing unit to be developed and pay for the majority of the parking portion of the project.
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New Parking Garage Financials
As noted in Staff Report # 92635, the estimated cost to construct the previously proposed 324- stall Lot D parking structure was approximately $30 million in March 2019. This includes four levels of above grade and one level of below grade parking, along with a 2,026 square foot retail unit. Using Engineering News-Record’s Construction Cost Index, the cost escalated to November 2023 would be roughly $36 million. Therefore, a rough order of magnitude cost estimate to develop a garage of similar size and footprint would be between $35 and $40 million. Construction costs of below grade parking are expected to be more expensive than above grade parking. Cost of constructing the parking component will likely be similar whether the City takes on the project or if it was built by a private firm, as prevailing wage is required and the permitting process will likely be the same, although private firms could potentially complete the project quicker as they usually have dedicated staff for these types of projects.
The City’s Fiscal Year 2024 parking in-lieu fee is $130,823.17 per parking space. This amount is based on the cost per incremental space added for the most recently constructed garage (California Avenue garage), and is calculated by dividing the total project cost by the total number of spaces minus the number of parking stalls that were previously on the surface lot.
The in-lieu fee is not an estimate of construction cost, however can be used as a rough order of magnitude to estimate the cost to construct parking, absent any site-specific design information. For example, considering that the Lot D parking structure was proposed to include 324 stalls and was to be built on a surface lot with 84 existing stalls, the parking in-lieu fee can be used to develop a rough estimate of $31.4 million.
The amount of in-lieu fees available for a new public parking garage is currently uncertain due to pending litigation, but approximately $12.5 million is projected to be available. In-lieu fees from new projects in downtown going forward are expected to be lower, as parking requirements become less stringent. Other funding sources will be required, in amounts that depend on the magnitude of the project selected. Funding from the State may also be available for an affordable housing project.
Recent Nearby Capital Projects
Staff has reviewed construction costs of other capital investments in neighboring jurisdictions for affordable housing projects and/or parking structure projects in the region for reference.
Housing Projects
Project Name Status Year
# of
Units
Total Development
Costs
Cost Per
Unit
Parkmoor Community
Apartments, San Jose
Preconstruction Dec-23 81 $77,880,350 $961,486
Dry Creek Crossing, San Jose Preconstruction Dec-23 64 $61,630,513 $962,977 777 W San Carlos, San Jose Under construction Jul-23 154 $138,030,091 $896,299 5 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2019/9263.pdf
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Project Name Status Year
# of
Units
Total Development
Costs
Cost Per
Unit
1860 Alum Rock Multifamily,
San Jose
Under construction Jul-23 60 $58,879,963 $981,333
Tamien Station, San Jose Under construction Jul-23 135 $133,192,614 $986,612 The Charles (551 Keyes), San
Jose
Under construction Jul-23 99 $88,453,887 $893,474
797 Almaden, San Jose Preconstruction Jun-24 99 $110,380,539 $1,114,955 353 Main St., Redwood City Complete 2023 125 $87,500,000 $700,000 1304 El Camino Real, Redwood
City
Under construction 2022 38 $28,880,000 $760,000
3500 E. 12th Street, Oakland Complete 2023 181 $144,568,335 $798,720 Parking Projects
Project Name Status Year Type
Building
Area in
Sq. Ft.
# of
Parking
Stalls
Total Cost of
Parking
Cost per
Stall
400 Middlefield Road,
Redwood City CA
Complete Sep-21 Below
grade
345,100 1,022 $52,122,000 $51,000
2300 Airport Blvd, San
Jose, CA 95110
Complete Jun-21 Above
grade
341,600 1,156 $43,028,337 $37,222
Livermore Village
Parking Garage
Construction
Under
construction
2021 -
2023
Unlisted Unlisted 550 $38,781,564 $70,512
175 N I Street,
Livermore, CA 94551
Under
construction
2021 -
2023
Unlisted Unlisted 274 $13,500,000 $49,270
STAKEHOLDER ENGAGEMENT
The RFI that was issued gives the City the latitude to work with the firms directly and dictate the desired development standards. Staff is seeking policy direction from the City Council so that staff can address what the process might be and what process changes might be need in order to arrive at those policy outcomes. Staff will conduct additional stakeholder engagement as the projects progress.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) in that staff is seeking general policy direction for a future project. CEQA Guidelines Section 15378(b)(2).
ATTACHMENTS
Attachment A: Alta Housing RFI Response
Attachment B: MidPen Housing RFI Response
Attachment C: MidPen Presentation
APPROVED BY:
Kiely Nose, Administrative Services Director
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AL TA
HOUSING
MARCH 2023
REQUEST FOR
INFORMATION
—
PALO ALTO
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TABLE OF CONTENTS
SECTION ONE
PROPOSER’S INFORMATION
FORM & COST PROPOSAL
PAGE 03
SECTION TWO
STATEMENT OF INTEREST
PAGE 07
SECTION THREE
STATEMENT OF EXPERIENCE
PAGE 09
SECTION FOUR
PROJECT CONCEPT
PAGE 23
SECTION FIVE
PROJECT PROFORMA
PAGE 32
SECTION SIX
PROJECT TEAM
PAGE 45
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SECTION ONE
PROPOSER’S
INFORMATION
FORM AND COST
PROPOSAL
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Attachment A
Proposer’s Information Form
PROPOSER (please type/ print):
Name: ___A__lt_a__H_o__u_s_i n_ _g___________________________________________ ___3__4_6_0__W__e_s_t_B__a_y_s_h_o__re_ _R__o_a_d_,__S_u_i_te__1_0_ _4___________________Address:
Telephone: ____6_5_0_-_3_2__1_-9__7_0_9_______ Email: ___i n_f_o_@__a__lt_a_h_o_u__s_i n_g__.o_r_g________ Ava Kuo Senior Project ManagerContact Person: _______________________________________Title: _______________ eMail (Required): ___a__k_u_o_@_ _a__lt_a_h_o_u_s_ _i n_g_._o_r_g________________________________ Telephone (Required): ___6_5_0_ _- 4_ _1_6_-_4_3_4_0_________________ Proposer, if selected, intends to carry on the business as (check one):
Individual Joint Venture
CorporationPartnership x
When incorporated?
In what state?
_ _1_9_7_0_________
___C_A___________
When authorized to do business in California? __1_9_7_0__ Other (explain):____________________________________________________
ADDENDA
To assure that all Proposers have received each addendum, check the appropriate box(s) below. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal:
Addendum number(s) received:
Or, _____ _____No Addendum/Addenda Were Received (check and initial).
PROPOSER’S SIGNATURE
x 1; x 2; x 3; 4; 5; 6;
No proposal shall be accepted which has not been signed in ink in the appropriate space below:
By signing below, the submission of a proposal shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and they have read and understand the RFP. No request for modification of the proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition.
City of Palo Alto 1
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SECTION TWO
STATEMENT OF
INTEREST
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STATEMENT OF INTEREST
Alta Housing (formerly Palo Alto Housing) is a community-based nonprofit organization located in Palo Alto that is focused exclusively on providing affordable housing and resident services in Santa Clara and San Mateo Counties--in the heart of Silicon Valley--where the need is greatest. Our mission is to create stronger, more diverse communities by providing and maintaining high-quality, affordable housing where individuals and families thrive. For over 52 years, AH has built award-winning housing while assisting individuals and families in reaching their goals through our robust resident services program.
Downtown Palo Alto is the hub of the community and is an ideal location for affordable housing with its proximity to shopping, transit, parks, schools, and a public library. Acquisition of land is a frequent challenge to building additional affordable housing. The City’s strategy of using City-owned parking lots for affordable housing is laudable, and a vital technique public agencies can use to facilitate much- needed affordable housing. Alta’s response identifies three parking lots that are most feasible for affordable housing and pinpoints two lots where new parking structures can be built. Our preliminary feasibility studies show the City can potentially add 206 units of affordable/workforce housing, replace the parking spaces lost through the redevelopment of the 3 housing sites, accommodate the residential parking needs, and increase the total parking count in the downtown area by 130 spaces with our development plan.
This response is Alta’s assessment of the most feasible sites for affordable housing and parking. Clearly, this is done without the benefit of the City’s input, advice, and guidance. We see the City’s role as critical to this process and fully expect the development concepts to evolve accordingly if we are selected to proceed in this process. Our team includes experience in the public and nonprofit sectors. We would bring that experience with public/private partnerships and an over 50-year commitment to the Palo Alto community as we advance these projects.
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SECTION THREE
STATEMENT OF
EXPERIENCE
Alta Housing is a private, nonprofit organization that builds, develops, acquires, and manages low- and moderate-income housing in the Bay Area. We have vast knowledge and proven experience in delivering affordable and mixed-use developments, and have the full capacity to develop, construct, and manage the housing projects proposed in Palo Alto’s RFI. Alta Housing has acquired/developed 1,046 units since its inception in the early 1970’s and currently has over 500 units in its development pipeline. Palo Alto has served as Alta Housing’s home base for the past 50 years - out of the 29 properties in its portfolio, 24 are located in Palo Alto. Through experience and practice, Alta Housing’s record shows its ability to develop financially secure, vibrant projects. We take pride in the high-quality, safe housing that we create and the support that we provide to our residents in reaching their goals.
The following 3 project profiles are examples of recent Alta Housing developments similar in size and concept to the ones being proposed in this RFI. 9 Item 8
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PROPERTY PROFILE
LUNA VISTA Mountain View
Development Profile Development Type: New Construction Type: 4 Story Construction Type-IIIA above 1 story Type -1Developer / Owner: Alta Housing Site Size: 0.61 Acre City of Mountain View Reference:
Vera Gil (former Project Manager
- Affordable Housing at City of
Mountain View), vera_gil@yahoo.
com
Property Management: PAHC
Management & Services Density: 117 dwelling units/acre
Target Population: 30-70% AMI
Unit Count: 71
Architect: Van Meter Williams
Pollack LLP
Contractor: Nibbi Brothers
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DEVELOPMENT DESCRIPTION
Luna Vista is a new construction 71-unit 100% affordable housing community located a few blocks north of Mountain View Downtown’s Castro Street.
Households will be well served by the site’s proximity to amenities, transit, shopping.
Adults with intellectual or developmental disabilities who are seeking an independent living environment receive preference on 15 homes. Alta Housing has partnered with Housing Choices Coalition and San Andreas Regional Center (SARC) to better serve this community.
PAHC Management & Services and Housing Choices are providing resident services which includes case management, activities to promote resident engagement, health and wellness programs, and assistance accessing community resources.
The site is within walking distance of City Hall, the public library, parks, small grocery shops, the performing arts center and restaurants. Luna Vista is a mile from Downtown Mountain View CalTrain station and the weekly Farmers’ Market.
The project consists of 70 studio units for residents and 1 two-bedroom apartment for the on-site property manager. Each unit has access to bike parking and self-storage. The design follows the principles of the El Camino Precise Plan and supports an active street frontage through a tall first floor with plentiful storefront windows, an inviting entry area with an art feature that gives a lantern effect at night, a warm and friendly community room facing El Camino Real and convenient common spaces throughout the property.
A roof top deck on the sixth floor includes resident seating areas and views of the mountains and bay. In addition, there are outdoor lounges on the second, third, and fourth floors, giving residents various options for outdoor access.
DEVELOPMENT TIMELINE
OCT 2017 JUNE 2020
-
NOV 2021
-
EARLY 2022
- -
Site
Acquisition
Commenced
Construction
Completed
Construction
Full
Occupancy
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PROPERTY FEATURES
LUNA VISTA GRAND OPENING
Mountain View Mayor Lucas RamirezCongresswoman Eshoo
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PROPERTY AMENITIES
Residential Amenities
• On-Site Parking
• Community Room
• Laundry Room
Environmental Features
• LEED Platinum Certified
• Rooftop PV Panels
• EV Charging Stations
• Community Learning
Center
• Computer Lab
• Roof Deck
TRANSPORTATION STRATEGIES
Automobile: 32 Spaces
Bicycle: 71 Spaces
Bus: Santa Clara Valley Transportation Authority
(VTA) Bus Stop Located 0.2 Miles From the Site
FUNDING SOURCES
City of Mountain View $22.7 Million
Wells Fargo Community Development 4% LIHTC $17.5 Million $9.2 MillionCalifornia Community Reinvestment Corporation (CCRC)
TOTAL $49.4 MILLION
UNIT MIX
TYPE UNIT COUNT SQFT
Studio 70
1 391-403
7002 Bedroom
Luna Vista’s Art work was designed by clients from the
Morgan Autism Center
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PROPERTY PROFILE
FAIR OAKS
COMMONS Redwood City
Development Profile Development Type: New Unit Count: 67 ConstructionDeveloper / Owner: Alta Housing Construction Type: 3-story Type V Site Size: 0.59 Acre over Type IA podium garageProperty Management: John Stewart Company Density: 114 dwelling units/acre
Target Population: 30-70% AMI
Redwood City Reference:
Alin Lancaster, ALancaster@
redwoodcity.orgArchitect: Dahlin Group
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DEVELOPMENT DESCRIPTION
Fair Oaks Commons is a 67-unit 100% affordable housing community that provides independent living for a mix of low-income individuals and extremely low-income special needs veterans.
The North Fair Oaks neighborhood is heavily rent-burdened and this infill development was an excellent candidate for Alta Housing, which focuses on developing 100% affordable housing. To determine the best use of the site to meet the community’s greatest need, Alta Housing hosted multiple bilingual community meetings with neighbors, community leaders, council members, and planning staff. This project was the first in San Mateo County to utilize SB 35 to streamline entitlements approval.
The property is centrally located on El Camino Real, 1/3 mile away from the Woodside Central Shopping Mall and 1.5 miles away from downtown Redwood City restaurants.
Alta Housing has partnered with the local Veterans Affairs office and Mental Health Association of San Mateo County to provide supportive services to residents including case management, health and wellness programs, and assistance accessing community resources.
The North Fair Oaks neighborhood underwent a phased rezoning to revitalize the community.
Fair Oaks Commons marries the neighborhood aesthetic with the new zoning requirements, widening sidewalks, adding street trees, and building out multiple infrastructure improvements for the site and neighborhood use.
Of the 67 total units at Fair Oaks Commons, 47 units are set-aside for extremely low-income and very low-income households, including 33 units set-aside for Special Needs (Homeless Veterans, Homeless w/ Mental Illness). The project is supported by Project Based Section 8 and HUD-VASH vouchers are utilized for the 80% of units set aside for very-low to extremely-low income households.
FUNDING SOURCES
Wells Fargo Community Development 9% LIHTC
California Community Reinvestment Corporation
County of San Mateo
$27 Million
$7.1 Million
$6.8 Million
$1 MillionFederal Home Loan Bank-SF
TOTAL $41.9 MILLION
UNIT MIX
TYPE UNIT COUNT SQFT
Studio 61
5 1
370-410
5751 Bedroom
2 Bedroom 794
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PROPERTY AMENITIES
Residential Amenities
• Community Room
• Laundry Room
• Community Kitchen
• Outdoor Exercise Equipment
• Computer Lounge
• Multiple Work / Study Lounges
• Outdoor Electric BBQ Grill
Environmental Features
• LEED Platinum
• Solar Photovoltaic Panels
• Drought Tolerant Landscaping
• Occupancy Sensors on All Common
Area Lighting Controls
TRANSPORTATION STRATEGIES
Automobile: 50 Spaces; 0.75 Parking Ratio
Bicycle: 45 Spaces
Bus: San Mateo County Transit District
(SamTrans) bus stop located directly
in front of the site. Property provides
residents with Way2Go clipper cards which
allows them to ride the SamTrans bus
system free of charge.
Train: Redwood City Caltrain Station is
located 1.5 miles from the site.
GreenTRIP Certified
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DEVELOPMENT TIMELINE
MARCH 2021
MAY 2016 FEB 2019 NOV 2020 -
- - - Full
OccupancySite
Acquisition
Commenced
Construction
Completed
Construction
SITE PLAN - GROUND FLOOR SITE PLAN - SECOND FLOOR
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PROPERTY PROFILE
WILTON
COURT Palo Alto
Development Profile Contractor: L&D Construction Unit Count: 59 Developer / Owner: Alta Housing Development Type: New Construction Site Size: 20,191 SF (0.46 acres)
Density: 128 dwelling units/acre
Target Population: 30-60% AMI
Construction Type: 3-story Type VA
over 2-story Type IA podium (split level
garage and basement)
Property Management: PAHC
Management & Services
Architect: PYATOK architecture +
urban design
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DEVELOPMENT DESCRIPTION
DEVELOPMENT TIMELINEWilton Court is a new construction, 59-unit, 100% affordable housing community located in Palo Alto’s Ventura
neighborhood. Households are well served by the site’s
proximity to amenities, transit, shopping, parks, and location within the award-winning Palo Alto School District. This is Alta Housing’s first all-electric apartment building.
2012-2013 - Site Acquisition
Twenty-one (21) apartments are set aside for adults with intellectual or developmental disabilities who are seeking an independent living environment. Alta Housing partners with two other non-profits, Housing Choices Coalition
and San Andreas Regional Center to better serve this
community.
2017 - Initial Study Session
with City Council
2018 - Affordable Housing
Combining District approved
by City of Palo Alto
2019 - Entitlements Approved
PAHC Management & Services and Housing Choices
provide resident services which include case
management, activities to promote resident engagement,
health and wellness programs, and assistance accessing
community resources. 2020 - Final Design
Review ApprovalThe project consists of 55 studio and 4 one-bedroom apartments for households earning between 30% and
60% of the area median income. There is an on-site
property manager.
NOV 2020 - Commenced
Construction
NOV 2022 - Occupancy
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RESIDENTIAL AMENITIES
• On-site parking
• Community room with kitchen
• Laundry room
• Activity room with computer lab
• Podium deck with landscaping and social
seating areas
• Heating/air conditioning in common areas and
units
• Small lounge on fourth floor
ENVIRONMENTAL FEATURES
Meets California Green Building Code, Tier 2, and
Palo Alto Municipal Reach codes TRANSPORTATION STRATEGIES GreenPoint Rated Gold minimum anticipated
Automobile: 41 spaces with 8 EV chargers for 16 spaces
Bicycle: 70 spaces in secured room and 8 spaces on-street • 100% electric
• Rooftop PV and Solar Hot Water panels
• EV Charging on-site Bus: Santa Clara Valley Transportation Authority (VTA) bus stop located 0.1 miles from the site.
• Drought tolerant landscaping
• Bio-retention stormwater management
FUNDING SOURCES• Recycled water for landscape irrigation and irrigation metering
• Large Oak tree saved on site Total Project Cost: $46.3 million • Low-flow and water-efficient plumbing fixtures
• Energy efficient appliances
Construction Financing:
• $24 Million Wells Fargo Construction Loan
• $20.5 Million City of Palo Alto Loan
• $2.8 Million Santa Clara County Loan
Permanent Funding:
• Reduced cement content concrete
• Recycling stations throughout building
• Low VOC paints and finishes
• Resilient and durable flooring throughout
• $4.5 Million from Conventional Perm Loan- A Tranche
(estimated)
• $20 Million from City of Palo Alto
• $2.8 Million From County of Santa Clara Supportive
Housing Loan
• $16.5 Million 4% tax credits
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DESIGN NOTES
Wilton Court is PYATOK’s third community built with Alta Housing in Palo Alto: the first being Oak Court, affordable housing serving families in downtown, completed in 2005, and Tree House Apartments, affordable studios on West Charleston Road, completed in 2011.
Organized as a simple L-shape atop a garage, the building steps down toward the neighborhood and shapes a generous landscaped courtyard sheltered from El Camino Real’s traffic and matching the pattern of neighborhood backyards. A landscape accent wall provides privacy for residents and neighbors and, with a lighted overhead trellis, creates a cozy outdoor room. The ground floor also contains a community kitchen, activity room, common laundry, package storage, and management offices. Secured bicycle parking is entered from El Camino Real as well as from the garage, which has two levels of parking entered from the alley on the north.
The building’s simple massing is clad primarily with a terra cotta rain-screen in a stacked bond pattern, and two colors of stucco. The ground floor materials are a mix of board-formed concrete and a capless aluminum storefront system with offset mullions that bend away from the sidewalk to allow additional sidewalk landscaping. Residential windows facing south and west are shaded with metal surrounds.
Wilton Court’s interior design is built around a concept of dignity: wayfinding through subtle color and texture changes, consistency in locating commonly used resources and appliances, and ease of reaching and grasping regardless of users’ posture, body size, and mobility; this way residents with a range of abilities can feel full access to, and ownership of, their shared and private spaces. The design focused on creating places for retreat from large groups, direct views into spaces for getting a sense of a room before entering into it, and designed around principles of tolerance for error and comfortability without fatigue.
FLUSH WALL CAP, PAINTED
TO MATCH TERRACOTTA
NEACERA TERRACOTTA TILE, STACKED
BOND, TWO COLOR PATTERN (RUSTIC
CANYON AND TOSCANA)
BREAK METAL
SUNSHADE, KYNAR
SILVER SATIN FINISH
PROJECTING ALUMINUM WALL
COPING, PAINTED TO MATCH
ADJACENT STUCCO WALL
STUCCO, PAINT COLOR
SAND DOLLAR (DE6171)
STUCCO, PAINT COLOR
WOODEN PEG (DE6215)
VINYL WINDOWS,
DARK BRONZE
NEW CONCRETE SIDEWALK
WITH PLANTER BEDS
CAPLESS DARK BRONZE
ALUMINUM STOREFRONT,
OFFSET MULLIONS
COLORED ALUMINUM PANEL
BETWEEN WINDOWS, PAINTED
CLAY POT (DE5174)
VERTICAL BOARD-
FORMED CONCRETE,
CLEAR GRAFITTI COATING
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SECTION FOUR
PROJECT CONCEPT
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DEVELOPMENT CONCEPT
The Alta Housing team evaluated the 12 City-owned parcels identified in the RFI. We determined that three were feasible for the development of affordable housing from a financing and operational perspective – Lots A, C, and T. These proposed sites would provide housing for several critical and underserved populations. Preliminarily, we are proposing two family projects (with a mixture of studios, one-, two-, and three-bedroom units) and one project for senior housing. Based on our massing and yield studies, we anticipate the three projects could produce approximately 206 new affordable units. More detailed information on the three sites is contained below.
Developing these Downtown parking sites would be an exciting opportunity, since Alta Housing has an established presence in the Downtown area. These new Alta Housing communities would contain new support services and community spaces that could be made available to the residents in our two existing apartments thus, enhancing the City’s existing affordable communities.
The RFI lists workforce housing for City or Palo Alto Unified School District (PAUSD) employees as a possible housing type. If selected, Alta Housing would be interested in collaborating with the City to explore the use of one of the sites for City or PAUSD workforce housing. We are eager to learn more about the City’s preferences on details such as unit sizes, common area amenities, and parking, as well as its thoughts on potential funding sources.
Below, we have also identified two City-owned parcels with the potential for new above-grade parking structures–Lots D and O. We estimate that the two structures could provide 606 new parking spaces. At this early stage, we would like to consider the potential for resident parking to be contained in the new parking structures, to maximize the number of housing units that could be provided on each site, and to reduce costs. We could shift to a conventional on-site parking solution if shared parking within the new City garages is not feasible or desirable.
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LOT A - 431 EMERSON STREET
AFFORDABLE LARGE FAMILY HOUSING
The large and rectangular parking lot at the corner of Emerson Street and Lytton Avenue provides an ideal location for family affordable housing. Providing affordable housing for young families in the Downtown area will benefit the Palo Alto Unified School District, which has seen its enrollment shrink over the past decade.
Alta Housing is particularly interested in this site because we own and operate the adjacent property at 439 Emerson St. (Barker Hotel). Residents from both properties would benefit from shared community space and resident services. The Barker Hotel is a small two-story SRO with 26 rooms on a 5000 sq foot lot with residents that are generally extremely low income (around 30% AMI or below). The second story provides 26 rooms (between 110 and 200 sq feet) and there are two commercial spaces on the ground level.
For this project, we envision an L-shaped, four story building with active frontages including townhomes along Emerson Street and the building entrance along Lytton Avenues. Our initial massing study demonstrates that we would accommodate 57 units on the property. Our proposal includes a mix of 3 studios, 25 one-bedrooms, 15 two-bedroom and 14 three bedroom apartments. We propose a 5-story Type III construction over one level podium. Our roofline is at 60 feet and the top of the parapet reaches 70 feet, which would necessitate an exception to Palo Alto’s 50 foot maximum height limit. To minimize construction costs, the building would be at grade with no underground parking. 45 parking spaces would be provided in a highly efficient above grade parking structure, across the street at Lot O (Emerson/High Street).
The building’s on-site amenities would include laundry facilities, a large community room with an ample communal kitchen, offices for supportive services and property management and an at-grade 6000 square foot courtyard. The landscaped courtyard would have play equipment, seating and gathering areas for families. Resident services at the property would include after school and family programming.
Opening to the street, the large community room and kitchen would serve as space for resident interactive activities. Barker Hotel residents would benefit tremendously from having access to the shared resident services, community room and kitchen next door.
On the ground level, along Emerson Avenue, there would be six two-bedroom townhomes with stoops and porches. These would be set back from the sidewalk with drought resistant landscaping.
Management and resident services offices would be on the ground level on the Lytton side of the building, complementing the combination of housing and offices across the street.
We propose to finance the development with a combination of City, County, State, and Low Income Housing Tax Credits. The building would provide affordable rental homes for residents between 30% and 60% AMI, with the average affordability at 44% AMI. In Santa Clara County, a 4-person household at 30% AMI earns $50,550 and at 60% AMI earns $101,100.
We foresee the land being nominally ground leased (i.e., $1/year) for an extended period of 55 or more years, which would be determined in consultation with the City based on affordable lender and investor requirements. The City and County financing and obtaining entitlements would make us eligible for the State financing that would be crucial to applying for Tax Credits. The County, State, and Tax Credits are all competitive and highly sought after, adding to financing timing risks. The lot is currently zoned PF and would need to be rezoned preferably to a zone that would make the development eligible for entitlement streamlining.
1. Palo Alto Housing Element, page xx. 25
2. Avenidas 2022 Community Assessment Survey for Older Adults, page 8 Item 8
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Lot A
431 Emerson Street
APN: 120-26-005
Site Area: 20,265 SF
1611 TELEGRAPH AVE.
SUITE 200
OAKLAND, CA 94612
T. 510.465.7010 | F. 510.465.8575
www.pyatok.com
ALTA HOUSING
Sobrato Center for
Nonprofits, 3460 W
Bayshore Rd Suite
104, Palo Alto, CA
94303
Mass Floor Schedule25' - 0" 6' - 0" 25' - 0" 137' - 0"
Mass: Family
LEVEL 1
Floor Area
Utility 1117 SF
1526 SF
3025 SF
3789 SF
9457 SF
WASTE
Circulation
Units
Amenity
LEVEL 2
Utility 485 SF
Circulation
Units
2525 SF
3850 SF
6860 SF3BR 2BR LEVEL 3
Utility 275 SF
Circulation
Units
2525 SF
10445 SF
13245 SF6' - 0" 22' - 0" 22' - 0" 33' - 0" 44' - 0" 10' - 0" LEVEL 4
Utility 275 SF
Circulation
Units
2525 SF
10445 SF
13245 SF
STUDIO LEVEL 5
Utility
Circulation
Units
1BR 1BR 2BR 3BR
275 SF
2525 SF
10445 SF
13245 SF
56050 SFTOTAL:
Total Unit Mix:
JC IDF
Total Units - 57 (750 gsf avg)
Studios (400 SF)
1 BR (550 SF)
2 BR (825 SF)
03 (05%)
25 (43%)
09 (16%)
2 BR TH (1,100 SF) 06 (11%)
3BR 3BR 1BR 1BR 1BR 1BR 1BR 3 BR (1,100 SF) 14 (25%)
25' - 0" 26' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 10' - 0" Level 03-05
3/32" = 1'-0" 3
ALLEY
193' - 0"
5' - 0" 20' - 0" 31' - 0" 137' - 0"
ELECT. RM WASTE
MECH. &
STAMP:
COURTYARD
(6,000 SF)PLUMB. RMOFFICE
ADMIN
OFFICE
3D Axon East REVISION
SCHEDULE
NO. ISSUE
E DATE
BIKE RM
6' - 0" 22' - 0" 22' - 0" 33' - 0" 44' - 0" 10' - 0"
1BR 1BR 2BR 3BRLAUNDRY
MAIL
2 BR
TH
2 BR
TH
2 BR
TH
2 BR
TH
2 BR
TH
2 BR
TH
JOB NUMBER:
DRAWN BY:
0000
COMMUNITY
ROOM
(1,300 SF)
Author
CheckerCHECKED BY:
ISSUE DATE: xx/xx/xxxx
SCALE: As indicated
TITLE:
PALO ALTO LOT A
5' - 0" 46' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 10' - 0" SHEET:
LOT AEMERSON ST
Level 01
3/32" = 1'-0"
3D Axon West
W1 PRELIMINARY - Not for
Construction
© 2019 PYATOK ARCHITECTURE & URBAN
DESIGN
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LOT C - 264 LYTTON AVENUE
AFFORDABLE SENIOR HOUSING
Parking Lot C on Ramona Street would be an ideal location for creating vibrant, affordable senior housing for Palo Alto residents. Seniors living here would benefit from being steps away from the Avenidas Senior Center and Cogswell Plaza with its shaded benches & tables, landscaped flower beds and walking path.
Over the last ten years, Palo Alto’s senior population has grown by 19%1. Avenidas’ Bryant street location provides a wide range of programs, information, and services that enable people to stay active, and maintain their independence - everything from fitness and health programs to technology classes. It is a community hub for seniors. Residents living next door could easily take advantage of these programs and activities to maintain vibrant and active lives.
In Avenidas’ 2022 Community Assessment Survey of Older Adults, participants rated the overall quality of life in their community. Housing was a major concern for seniors. Approximately, 29% of the survey respondents reported housing stress meaning they spend more than 30% of their income on housing costs. This is not surprising given that nineteen percent (19%) of respondents earned less than $50k a year, putting them below the 50% AMI level for Santa Clara County.2 Similar to Lot A, we would provide 40 reserved parking spaces in the new parking garage at Lot O.
Parking Lot C currently has approximately 25 reserved parking spaces for Avenidas clients. Our plans would include replacing this parking in the new parking structure as well. The Alta Housing team would engage with the Avenidas community to better understand the Avenidas’ parking needs and explore other parking solutions.
The Alta Housing proposed development would be a rectangular double loaded building with five stories. The ground level would be concrete, with four floors of Type V (wood frame) or five floors of Type III (fire-treated wood frame) over the podium.
This 60,000 square foot building would be a welcoming home for seniors with 76 apartments including 9 studios, 66 one-bedroom apartments and a two-bedroom for the on-site property manager. Studios would be 450 square feet and one-bedrooms 550 square feet.
The ground floor design would support an active pedestrian experience with plentiful storefront windows and a large community room and communal kitchen facing Ramona. The main entrance would be on Ramona near the corner of Ramona and Paulsen Lane. On site amenities would include a laundry room, bike parking, management and resident services offices, a large community room and communal kitchen.
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Lot C
264 Lyton Avenue
APN: 120-26-095
1611 TELEGRAPH AVE.
SUITE 200
OAKLAND, CA 94612
Site Area: +/-12,951 SF T. 510.465.7010 | F. 510.465.8575www.pyatok.com Alta Housing
Sobrato Center for
Nonprofits, 3460 W
Bayshore Rd Suite
104, Palo Alto, CA
94303
Mass Floor Schedule
Mass: Type Floor Area
LEVEL 1
Amenity
Circulation
Residential
Service
3755 SF
2083 SF
2860 SF
1300 SF
9998 SF
LEVEL 2
Amenity 162 SF
Circulation
Residential
Service
1927 SF
8206 SF
105 SF
10400 SF
LEVEL 3
Amenity 162 SF
Circulation
Residential
Service
1927 SF
8206 SF
105 SF
10399 SF
LEVEL 4
Amenity 162 SF
Circulation
Residential
Service
1927 SF
8206 SF
105 SF
10399 SF
LEVEL 5
Amenity 162 SF
Circulation
Residential
Service
1927 SF
8206 SF
105 SF
10399 SF
LEVEL 6
Amenity 162 SF
Circulation
Residential
Service
1927 SF
6490 SF
105 SF
8684 SF
60279 SFTOTAL:
8' - 6" 211' - 0"
26' - 0"26' - 0" 17' - 6" 26' - 0" 26' - 0" 26' - 0" 26' - 0" 10' - 0" 27' - 6" Total Unit Mix:
Total Units - 76 (535 gsf avg)
STUDIO (400 SF) 9 (11.8%)
66 (86.9%)
(1.3%)
1 2
BR (550 SF)
BR (950 SF) 1
S 1BR 2BR TOTAL
1BR S 1BR 1BR 1BR 1BR 1BR 1 BR 3D Axon East
L1
L2
L3
L4
L5
0 2
2 2
1 9
5 0
0 0
0 1
1 5
E 13
13 13
9 15
15 15
11 76
(no unit L6) 2BR MANAGERS'
UNIT - L6 ONLY
WASTE JC TOTAL 66
1BR 1BR 1BR 1BR S 1BR
(no unit L6)
1BR
(no unit L6)
9' - 0" 26' - 0" 28' - 6" 147' - 6"
STAMP:
Level 02-06 3
= 1'-0"1/16"
SENIOR CENTER
REVISION
SCHEDULE
NO. ISSUE
DATE
219' - 6"
104' - 0"8' - 6" 43' - 6" 62' - 0" 1' - 6"
MECH. / ELEC.COMMUNITY
ROOM 1BR 1BR 1BR 1BR 1BR
WASTE
MAIL
RESTROOMS
LAUNDRYOFFICES LOBBY OFFICES BIKES MECH. / ELEC.
26' - 0" 1' - 6"
&LOUNGE
PORCH JOB NUMBER:
DRAWN BY:
0000
Author
CheckerCHECKED BY:
ISSUE DATE:8' - 6" 17' - 6" 26' - 0" 63' - 6" 26' - 0" 50' - 6" xx/xx/xxxx 219' - 6" SCALE:
TITLE:
As indicated
Pal Alto Lot C - Seniors
RAMONA ST
SHEET:
LOT C
Level 01
1/16"
3D Axon West
W1
= 1'-0"
PRELIMINARY - Not for
Constructio
© 2019 PYATOK ARCHITECTURE & URBAN
DESIGN
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LOT T - 450 LYTTON AVENUE
AFFORDABLE LARGE FAMILY HOUSING
Lot T with its rectangular shape, size, and location on a corner lot is ideal for an affordable large family rental housing development. Our initial massing study demonstrates that we could accommodate 73 rental apartments. We propose a 5-story Type III construction over a one level concrete podium. Our roofline would be at 60 feet and the top of the parapet would reach 70 feet. Our unit mix would include 5 studios, 27 one-bedroom, 20 two-bedroom, and 21 three-bedroom units.
Because of its location in the Downtown, we propose walk-up townhome units along Kipling Street facing the 1 - 3 story single family buildings across the street. Our building’s front entrance, and the leasing and residential services offices that face Lytton Avenue complement the commercial/office buildings along the block.
To minimize construction costs, the building would be at grade with no underground parking. Parking would be provided offsite in a highly efficient above grade parking structure. This would allow us to create an active ground floor along both street frontages and interior at-grade residential courtyard.
Using a 0.75 parking ratio allowable in the Downtown Zone, we would provide 58 dedicated parking spaces for the residents within a new public parking structure built on Parking Lot D.
The building’s on-site amenities would include laundry facilities, a large community room with kitchen facilities, bike room, offices for supportive services and property management and an at-grade courtyard. Opening to the interior courtyard, the large community room would serve as space for resident interactive activities.
We intend to finance the development with a combination of City, County, State, and Low Income Housing Tax Credits. The building would provide affordable rental homes for residents between 30% and 60% AMI.
We foresee the land being nominally ground leased (i.e., $1/year) for an extended period of 55 or more years, which would be determined in consultation with the City based on affordable lender and investor requirements. The City and County financing and obtaining entitlements would make us eligible for the State financing that would be crucial to applying for Tax Credits. The County, State, and Tax Credits are all competitive and highly sought after adding to financing timing risks. The lot is currently zoned PF and would need to be rezoned preferably to a zone that would make the development eligible for entitlement streamlining.
29 Item 8
Attachment A - Alta
Housing Response
Item 8: Staff Report
Pg.
40 Packet Pg. 208 of 368
Parcel T
T.O. PARAPET
+70' - 0" 450 Lytton Avenue
APN: 120-15-100
Site Area: 19,236 sf
1611 TELEGRAPH AVE.
SUITE 200
OAKLAND, CA 94612
T. 510.465.7010 | F. 510.465.8575
www.pyatok.com
ROOF
+60' - 0"
LEVEL 6
+50' - 0" Alta Housing
Sobrato Center for
NonProfits
GROSS BUILDING AREA
(GSF)LEVEL 5
+40' - 0" Name
LEVEL 1
Floor Area
Palo Alto, CA
LEVEL 4
+30' - 0"
Amenity 2,947 SF
1,822 SF
600 SF
6,105 SF
1,575 SF
13,049 SF
Circulation - Horiz.
Circulation - Vertical
ResidentialLEVEL 3
+20' - 0"
Service
LEVEL 2
+10' - 0" LEVEL 2
Circulation - Vertical
Residential
600 SF
8,580 SF
9,180 SF
LEVEL 1
+0' - 0"
LEVEL 3
Amenity 200 SF
1,622 SF
600 SF
10,690 SF
280 SF
4 Circulation - Horiz.
Circulation - Vertical
Residential
T0.01
WASTE Kipling Street (North)
41/16" = 1'-0"
44' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 10' - 0" 4' - 0" Service 13,392 SF
LEVEL 4
Amenity 200 SF
1,622 SF
600 SF
10,690 SF
280 SF
Circulation - Horiz.
Circulation - Vertical
Residential
3BR 1BR 1BR 1BR 1BR S Service
13,392 SF
LEVEL 5
Amenity 200 SF
1,622 SF
600 SF
10,690 SF
280 SF
Circulation - Horiz.
Circulation - Vertical
Residential
3' - 0"
2 BR 3BR 1BR
Service
3BR
13,392 SF
MECH.
2BR
LEVEL 6
Amenity
Circulation - Horiz.
Circulation - Vertical
Residential
200 SF
1,622 SF
600 SF
10,690 SF
280 SF
5' - 0" 32' - 0" 44' - 0"
Service
STAIR
2BR
13,392 SF
LAUNDRY ROOF
Circulation - Vertical3BR 600 SF
600 SF
76,397 SFTotal Building Area:
1BR
Open Space (Courtyard): 4,400 GSF
(60 sf/unit)
25' - 0" 6' - 0" 25' - 0" UNIT MIX:
Total Units - 73 (780 gsf average)
56' - 0" 81' - 0" 25' - 0" 6' - 0"
Studio (400 GSF)
1 BR (550 GSF)
2 BR (825 GSF)
05 (07%)
27 (37%)
20 (27%) - 5 are Townhomes
3 BR (1,100 GSF) 21 (29%)
UPPER FLOOR PLAN (L3-L5) 21/16" = 1'-0"
4 T0.01 3D Axon - Courtyard
5 STAMP:
168' - 0"
22' - 0"22' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 22' - 0" 10' - 0" 4' - 0" STUDIO (LEVEL 2)
WASTE REVISION
SCHEDULE
NO. ISSUE
LOBBY 2BR
& MAIL TH
2BR
TH
2BR
TH
2BR
TH
2BR
TH
DATE
OFFICE 2BR 3BR 1BR
MECH.
OFFICE
STAIR
3' - 0" 3BR
SERVICE /
BOH
JOB NUMBER:
DRAWN BY:
0000
Author
Checker
BIKES
CHECKED BY:
ISSUE DATE: xx/xx/xxxx
SCALE: 1/16" = 1'-0"
TITLE:
25' - 0" 6' - 0" 25' - 0" 81' - 0"
81' - 0"
25' - 0"
25' - 0"
Parcel T Site Study
56' - 0" 6' - 0"
SHEET:
T0.01
GROUND FLOOR PLAN (L1) 3D VIEW
31 PRELIMINARY - Not for
Construction1/16" = 1'-0"
©2019 PYATOK ARCHITECTURE & URBAN
DESIGN
30 Item 8
Attachment A - Alta Housing
Response
Item 8: Staff Report
Pg.
41 Packet Pg. 209 of 368
LOT O - 460 EMERSON STREET
PARKING STRUCTURE
We chose this location to redevelop the current lot into a 6-story parking structure with approximately 222 parking spaces because of its rectangular shape and close proximity to the two new affordable rental housing located on Lots A & C. We would dedicate 85 spaces in the new structure for the future residents of those two housing developments. An additional 25 spaces could be set aside as replacement parking for Avenidas. This would leave an additional 112 spaces for public parking.
LOT D - 375 HAMILTON
PARKING STRUCTURE
The City has an existing set of plans for a parking structure on this lot. We would recommend that the City look at adding an additional level of parking to that existing design and within the structure, dedicate 58 spaces to the affordable housing development on Lot T. The remaining 326 spaces would be available for public parking.
The 606 spaces in Lots O and D would cover the removal of existing surface spaces in Lots A, C, T, O & D, the addition of spaces for the proposed housing developments at Lots A, C, and T, and the desired additional 130 spaces requested in the RFI.
PARKING STRUCTURE FINANCING
We would start by having conversations with the City staff on how to best finance the parking structures, as we are not parking developers. Our construction costs estimate is based on the City’s $115,404/space in lieu fee and our financing sources are suggestions. We anticipate the identified gap could be filled with future in-lieu fees paid through other developments.
We have consulted Douglas Parking, which owns, manages, or leases approximately 150 parking facilities in nine states including: Arizona, California, Colorado, Louisiana, Nevada, Oregon, North Carolina, Washington, and West Virginia. With 88 years of experience, Douglas Parking operates every type of parking facility, from fully automated to valet attended, for public and private clients. Its parking facilities across the country serve a variety of uses, including mixed-use properties, hospitals, commercial buildings, high-rise towers, museums, government offices, universities, and residential communities.
Housing development on Lots A, C, and T would provide development in-lieu fees of $23.8 million toward the construction of both parking structures. This would cover 30% of the estimated costs. With the City’s current $15 million in parking in-lieu fees and additional Infill Infrastructure Grant funding from CA Housing & Community Development, we believe about 75% of the cost of the 2 parking structures would be covered. We would provide assistance to the City - for example, in selecting an architect, GC, or design/build firm to work with, in applying for HCD IIG funding, and in figuring out the timing of the payment of the fee so that construction of the structures would meet the timing of the affordable housing.
31 Item 8
Attachment A - Alta
Housing Response
Item 8: Staff Report
Pg.
42 Packet Pg. 210 of 368
SECTION FIVE
PROJECT PROFORMA
32 Item 8
Attachment A - Alta
Housing Response
Item 8: Staff Report
Pg.
43 Packet Pg. 211 of 368
LOT A - 431 EMERSON STREET
FINANCIAL PROFORMA
Assumptions
Number of Units: 57
Housing Type: Large family
Parking: 100% offsite, 45 spaces in Lot O across the street (0.75 ratio + 2 staff spaces) Parking In-Lieu Fee: $5,193,180 which can be included in Lot O financing Interest Rate: 8.25% Tax-exempt construction loan
8.50% Taxable construction loan
7.25% Permanent loan
Timing: 2 years for City to select developer and enter into an ENA 2 years for predevelopment
Construction start Early 2027
Lot O garage will be built simultaneously provide residents a place to park In-lieu fee paid at housing construction loan closing, disbursed to garage at garage perm closing Unit Mix Schedule
UNIT
TYPE
% # GROSS UTILITY TOTAL NET ANNUAL RRH S8 PBV TOTAL
MEDIAN UNITS RENTS ALLOWANCES MONTHLY RENT UNITS ELI ANNUAL
INCOME RENT UNITS SUBSIDY
Studio
1 bd
30%
30%
30%
30%
60%
60%
60%
60%
MNGR
2 13
8 885
948
36 43
58 74
36 43
58 74
0 849
905
20,376
141,180
103,680
104,160
20,808
266,832
186,228
183,888
0 2
8 3
2 -
0 5
5 5
-
0 95,160
2 bd
3 bd
Studio
1 bd
1,138
1,314
1,770
1,896
2,275
2,628
0 1,080
1,240
1,734
1,853
2,217
2,554
0 114,180
7 155,640
1 0
12 7
- - 0
2 bd
3 bd
3 bd
Total
- - 0
6 - - 0
01 - -
57 1,027,152 15 15 364,980
Total Gross Rental Income from Units 1,392,132
Permanent Sources of Financing
SOURCE AMOUNT PER UNIT INTEREST TERM
Bank Loan
Santa Clara County Funding
Bay Area HFA
4,736,877
8,550,000
5,061,552
83,103
150,000
88,799
7.25%
3%
35 55
55 55
55 3%
CA HCD Funding
City of Palo Alto Funding
Tax Credit Equity
10,000,000
6,000,000
23,539,580
57,888,009
175,439
105,263
412,975
1,015,579
4%
3%
Total Sources
33 Item 8
Attachment A - Alta
Housing Response
Item 8: Staff Report
Pg.
44 Packet Pg. 212 of 368
Development Budget
USES AMOUNT PER UNIT
Acquisition & Holding Cost 0 0
Hard Costs - 70%
Construction Contract
Contingency - Owner’s
36,837,824
3,683,782
646,278
64,628
Soft Costs - 30%
Architecture & Engineering
Construction Management
Parking In-Lieu Fee
2,373,472
150,000
5,193,180
7,507,714
41,640
2,632
91,108
131,714Construction Loan Financing
(Fees, Expenses, Interest)
Permanent Loan Financing
(Fees, Expenses, Interest)
81,632 1,432
Other Soft Costs 2,060,404 36,147
Total 57,888,009 1,015,579
Tax Credit Calculation
Total Development Cost
Eligible Basis
57,888,009
49,204,808
x DDA/QCT Boost 130%
100%
4%
Adjusted Eligible Basis
x Applicable Fraction
Qualified Basis
63,966,250
63,966,250
x Tax Credit Rate
Annual Tax Credits 2,558,650
25,586,500
23,539,580
Total Tax Credits (10 years)
x Tax Credit Equity Rate
Plus State Tax Credits (if any)
Total Tax Credit Equity
0.92 23,539,580
34 Item 8
Attachment A - Alta
Housing Response
Item 8: Staff Report
Pg.
45 Packet Pg. 213 of 368
Cash Flow Projection
ESCALATION YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 YR 7 YR 8 YR 9 YR 10 YR 11 YR 12 YR 13 YR 14 YR 15 Rental Income
from Rents 2.50%
1.50%
5%
1,027,152 1,052,831 1,079,152 1,106,130 1,133784 1,162,128 1,191,181 1,220,961 1,251,485 1,282,772 1,314,841 1,347,712 1,381,405 1,415,940 1,451,339 Rental Subsidy
Income 364,980 370,455 376,012 381,652 387,376 393,187 399,085 405,071 411,147 417,314 423,574 429,928 436,377 442,922 449,566 Less Vacancy (69,607) (71,164) (72,758) (74,389) (76,058) (77,766) (79,513) (81,302) (83,132) (85,004) (86,921) (88,882) (90,889) (92,943) (95,045) Effective Gross
Income 1,322,525 1,352,121 1,382,405 1,413,393 1,445,102 1,477,550 1,510,753 1,544,731 1,579,501 1,615,082 1,651,495 1,688,758 1,726,893 1,765,920 1,805,860 Less Operating
Expenses 3.50% (798,000) (825,930) (854,838) (884,757) (915,723) (947,774) (908,946) (1,015,279) (1,050,814)(1,087,592) (1,125,658) (1,165,056) (1,205,833) (1,248,037) (1,291,718) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) (95,400) 429,125 430,791 432,167 433,236 433,979 434,376 434,407 434,052 433,287 432,090 430,437 428,302 425,660 422,483 418,742 Less Mandatory
Admin Fees
Net Operating
Income
Less Debt Service (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) (373,153) Debt Service
Coverage Ratio 1.15 1.15 1.16 1.16 1.16 1.16 1.16 1.16 1.16 1.16 1.15 1.15 1.14 1.13 1.12 Net Cash Flow 55,973 57,639 59,015 60,084 60,826 61,223 61,255 60,899 60,134 58,938 57,284 55,150 52,508 49,330 45,589 LP Asset
Management Fee 3%
3%
(7,500) (7,725) (7,957) (8,195) (8,441) (8,865) (8,955) (9,224) (9,501) (9,786) (10,079) (10,382) (10,693) (11,014) (11,344) Partnership
Management Fee (17,500) (18,025) (18,566)
30,973 31,889 32,492
(19,123)
32,765
(19,696) (20,287) (20,896) (21,523) (22,168) (22,834) (23,519) (24,224) (24,951) (25,699) (26,470) 32,688 32,242 31,403 30,152 28,465 26,318 23,687 20,544 16,864 12,617 7,774 Deferred
Developer Fee 50%
50%
(15,486) (15,944) (16,246) (16,383) (16,344)
(15,486) (15,944) (16,246) (16,383) (16,344)
(16,121)
(16,121)
(15,702) (15,076) (14,233)
(15,702) (15,076) (14,233)
(13,159)
(13,159)
(11,843)
(11,843)
(10,272)
(10,272)
(8,432)
(8,432)
(6,308)
(6,308)
(3,887)
(3,887)Distribution to
Lenders
35 Item 8
Attachment A - Alta Housing
Response
Item 8: Staff Report
Pg.
46 Packet Pg. 214 of 368
LOT C - 264 LYTTON AVENUE
FINANCIAL PROFORMA
Assumptions
Number of Units: 76
Housing Type: Seniors
Parking: 100% offsite, 40 spaces in Lot O 1 block away (0.5 ratio + 2 staff spaces) if residents can cut through mid-block
Parking In-Lieu Fee: $4,616,160 which can be included in Lot O financing Interest Rate: 8.25% Tax-exempt construction loan
8.50% Taxable construction loan
7.25% Permanent loan
Timing: Construction start 1 year after Lot A starts
Construction start Early 2028
Lot O garage will be under construction when Lot C begins and will residents a place to park In-lieu fee paid at housing construction loan closing, disbursed to garage at garage perm closing Unit Mix Schedule
UNIT
TYPE
% # GROSS UTILITY TOTAL NET ANNUAL RRH S8 PBV TOTAL
MEDIAN UNITS RENTS ALLOWANCES MONTHLY RENT UNITS ELI ANNUAL
INCOME RENT UNITS SUBSIDY
Studio
1 bd
30%
30%
9 10
0 885
948
1,770
1,896
0 36
43 36
43 0
849
905
1,734
1,853
0 91,692
108,600
0 -
-
-
-
-
9 10
-
146,880
190,320
Studio
1 bd
50% 0
50% 56
1 1,245,216
0 - 0
02 bd MNGR -
Total 76 1,445,508 19 337,200
Total Gross Rental Income from Units 1,782,708
Permanent Sources of Financing
SOURCE AMOUNT PER UNIT INTEREST TERM
Bank Loan 5,854,488
11,400,000
6,000,000
11,291,292
77,033
150,000
78,947
7.25%
3%
35 55
55 55
Santa Clara County Funding
City of Palo Alto Funding
Bay Area HFA
3%
148,570
184,211
3%
CA HCD Funding
Tax Credit Equity
Total Sources
14,000,000
33,269,273
81,815,053
4%
437,754
1,076,514
36 Item 8
Attachment A - Alta
Housing Response
Item 8: Staff Report
Pg.
47 Packet Pg. 215 of 368
Development Budget
USES AMOUNT PER UNIT
Acquisition & Holding Cost 0 0
Hard Costs - 70%
Construction Contract
Contingency - Owner’s
52,064,124
5,206,412
685,054
68,505
Soft Costs - 30%
Architecture & Engineering
Construction Management
Parking In-Lieu Fee
3,124,174
190,000
41,147
2,500
60,739
131,714
4,616,160
10,010,286Construction Loan Financing
(Fees, Expenses, Interest)
Permanent Loan Financing
(Fees, Expenses, Interest)
108,843 1,432
Other Soft Costs 6,492,053 85,422
Total 81,815,053 1,076,514
Tax Credit Calculation
Total Development Cost
Eligible Basis
81,815,053
69,542,795
x DDA/QCT Boost 130%
100%
4%
Adjusted Eligible Basis
x Applicable Fraction
Qualified Basis
90,405,633
90,405,633
x Tax Credit Rate
Annual Tax Credits 3,616,225
36,162,253
33,269,273
Total Tax Credits (10 years)
x Tax Credit Equity Rate
Plus State Tax Credits (if any)
Total Tax Credit Equity
0.92 33,269,273
37 Item 8
Attachment A - Alta
Housing Response
Item 8: Staff Report
Pg.
48 Packet Pg. 216 of 368
Cash Flow Projection
ESCALATION YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 YR 7 YR 8 YR 9 YR 10 YR 11 YR 12 YR 13 YR 14 YR 15 Rental Income
from Rents 2.50%
1.50%
5%
1,445,508 1,481,646 1,518,687 1,556,654 1,595,570 1,635,460 1,676,346 1,718,255 1,761,211 1,805,241 1,850,372 1,896,632 1,944,048 1,992,649 2,042,465 Rental Subsidy
Income 337,200 342,258 347,392 352,603 357,892 363,260 368,709 374,240 379,853 385,551 391,334 397,204 403,162 409,210 415,348 Less Vacancy (89,135) (91,195) (93,304) (95,463) (97,673) (99,936) (102,253) (104,625) (107,053) (109,540) (112,085) (114,692) (117,361) (120,093) (122,891) Effective Gross
Income 1,693,573 1,732,709 1,772,775 1,813,794 1,855,789 1,898,784 1,942,802 1,987,870 2,034,011 2,081,253 2,129,621 2,179,144 2,229,850 2,281,766 2,334,922 (1,064,000) (1,101,240) (1,139,783) (1,179,676) (1,220,964) (1,263,698) (1,307,928)(1,353,705)(1,401,085) (1,450,123) (1,500,877) (1,553,408) (1,607,777) (1,664,049) (1,722,291)Less Operating Expenses 3.50%
Less Mandatory
Admin Fees (99,200) (99,200) (99,200) (99,200) (99,200) 530,373 532,269 533,791 534,918 535,625
(99,200) (99,200) (99,200) (99,200) (99,200) (99,200) (99,200) (99,200) (99,200) (99,200) Net Operating
Income 535,886 535,675 534,965 533,726 531,930 529,544 526,537 522,872 518,516 513,431 Less Debt Service (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) (461,194) Debt Service
Coverage Ratio 1.15 1.15 1.16 1.16 1.16 1.16 1.16 1.16 1.16 1.15 1.15 1.14 1.13 1.12 1.11 Net Cash Flow 69,179 71,075 72,598 73,725 74,431 74,692 74,481 73,771 72,533 70,737 68,351 65,343 61,679 57,323 52,238 LP Asset
Management Fee 3%
3%
(7,500) (7,725) (7,957) (8,195) (8,441) (8,695) (8,955) (9,224) (9,501) (9,786) (10,079) (10,382) (10,693) (11,014) (11,344) Partnership
Management Fee (17,500)
44,179
(18,025) (18,566)
45,325 46,075
(19,123)
46,406
(19,696)
46,293
(20,287) (20,896) (21,523) (22,168) (22,834) (23,519) (24,224) 30,737
(24,951) (25,699) (26,470)
45,710 44,630 43,024 40,864 38,117 34,753 26,035 20,610 14,423 Deferred
Developer Fee 50%
50%
(22,090) (22,662) (23,038) (23,203)
(22,090) (22,662) (23,038) (23,203)
(23,147)
(23,147)
(22,855)
(22,855)
(22,315) (21,512) (20,432) (19,059) (17,376)
(22,315) (21,512) (20,432) (19,059) (17,376)
(15,369)
(15,369)
(13,017)
(13,017)
(10,305)
(10,305)
(7,212)
(7,212)Distribution to
Lenders
38 Item 8
Attachment A - Alta Housing
Response
Item 8: Staff Report
Pg.
49 Packet Pg. 217 of 368
LOT T - 450 LYTTON AVENUE
FINANCIAL PROFORMA
Assumptions
Number of Units: 73
Housing Type: Large Family
Parking: 100% offsite, 58 spaces in Lot D 2 blocks away (0.75 ratio + 2 staff spaces) Parking In-Lieu Fee: $6,693,432 which can be included in Lot D financing Interest Rate: 8.25% Tax-exempt construction loan
8.50% Taxable construction loan
7.25% Permanent loan
Timing: After Lot A is completed
3rd housing project, at 1 construction start per year
Construction start Early 2029
Lot D garage will be built simultaneously provide residents a place to park In-lieu fee paid at housing construction loan closing, disbursed to garage at garage perm closing Unit Mix Schedule
UNIT
TYPE
% # GROSS UTILITY TOTAL NET ANNUAL RRH S8 PBV TOTAL
MEDIAN UNITS RENTS ALLOWANCES MONTHLY RENT UNITS ELI ANNUAL
INCOME RENT UNITS SUBSIDY
Studio
1 bd
30%
30%
30%
30%
60%
60%
60%
60%
MNGR
3 14
11 885
948
36 43
58 74
36 43
58 74
0 849
905
30,564
152,040
142,560
148,800
41,616
3 14
2 0
-
0 0
9 10
-
0 0
2 bd
3 bd
Studio
1 bd
1,138
1,314
1,770
1,896
2,275
2,628
0 1,080
1,240
1,734
1,853
2,217
2,554
0 205,524
10 2
311,280
0 13
9 289,068
239,436
306,480
0 - - 0
2 bd
3 bd
3 bd
Total
- - 0
10 1
- - 0
0- -
73 1,350,564 19 19 516,804
Total Gross Rental Income from Units 1,867,368
Permanent Sources of Financing
SOURCE AMOUNT PER UNIT INTEREST TERM
Bank Loan 6,954,854 95,272
150,000
82,192
7.25%
3%
35 55
55 55
Santa Clara County Funding
City of Palo Alto Funding
Bay Area HFA
10,950,000
6,000,000
11,522,414
3%
157,841
191,781
3%
CA HCD Funding 14,000,000
33,873,373
83,300,641
4%
Tax Credit Equity 464,019
1,141,105Total Sources
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Development Budget
USES AMOUNT PER UNIT
Acquisition & Holding Cost 0 0
Hard Costs - 70%
Construction Contract
Contingency - Owner’s
53,009,499
5,300,950
726,158
72,616
Soft Costs - 30%
Architecture & Engineering
Construction Management
Parking In-Lieu Fee
3,173,970
190,000
43,479
2,603
91,691
131,714
6,693,432
9,615,143Construction Loan Financing
(Fees, Expenses, Interest)
Permanent Loan Financing
(Fees, Expenses, Interest)
104,546 1,432
Other Soft Costs 5,213,101 71,412
Total 83,300,641 1,0141,105
Tax Credit Calculation
Total Development Cost
Eligible Basis
83,300,641
70,805,545
x DDA/QCT Boost 130%
100%
4%
Adjusted Eligible Basis
x Applicable Fraction
Qualified Basis
92,047,209
92,047,209
x Tax Credit Rate
Annual Tax Credits 3,681,888
36,818,884
33,873,373
Total Tax Credits (10 years)
x Tax Credit Equity Rate
Plus State Tax Credits (if any)
Total Tax Credit Equity
0.92 33,873,373
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Cash Flow Projection
ESCALATION YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 YR 7 YR 8 YR 9 YR 10 YR 11 YR 12 YR 13 YR 14 YR 15 Rental Income
from Rents 2.50%
1.50%
6.25%
1,350,564 1,384,328 1,418,936 1,454,410 1,490,770 1,528,039 1,566,240 1,605,396 1,645,531 1,686,669 1,728,836 1,772,057 1,816,358 1,861,767 1,908,312 Rental Subsidy
Income 516,804 524,556 532,424 540,411 548,517 556,745 565,096 573,572 582,176 590,909 599,772 608,769 617,900 627,169 636,576 Less Vacancy (116,711) (119,305) (121,960) (124,676) (127,455) (130,299) (133,209) (136,816) (139,232) (142,349) (145,538) (148,802) (152,141) (155,559) (159,055) Effective Gross
Income 1,750,658 1,789,579 1,829,401 1,870,144 1,911,831 1,954,485 1,998,128 2,042,783 2,088,475 2,135,229 2,183,070 2,232,024 2,282,118 2,333,378 2,385,832 (1,022,000) (1,057,770) (1,094,792) (1,133,110) (1,172,769) (1,213,815) (1,256,299) (1,300,269) (1,345,779) (1,392,881) (1,441,632) (1,492,089) (1,544,312) (1,598,363) (1,654,306)Less Operating Expenses 3.50%
Less Mandatory
Admin Fees (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) (98,600) 632,927Net Operating
Income 630,058 633,209 636,009 638,435 640,463 642,069 643,229 643,914 644,096 643,748 642,838 641,335 639,205 636,415 Less Debt Service (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) (547,876) Debt Service
Coverage Ratio 1.15 1.16 1.16 1.17 1.17 1.17 1.17 1.18 1.18 1.17 1.17 1.17 1.17 1.16 1.16 Net Cash Flow 82,181 85,333 88,133 90,558 92,587 94,193 95,353 96,037 96,220 95,872 94,962 93,459 91,329 88,538 85,050 LP Asset
Management Fee 3%
3%
(7,500) (7,725) (7,957) (8,195) (8,441) (8,695) (8,955) (9,224) (9,501) (9,786) (10,079) (10,382) (10,693) (11,014) (11,344) Partnership
Management Fee (17,500)
57,181
(18,025) (18,566)
59,583 61,610
(19,123)
63,240
(19,696) (20,287) (20,896) (21,523)
65,291
(22,168) (22,834) (23,519)
64,551 63,253 61,364
(24,224) (24,951) (25,699) (26,470)
47,23664,449 65,212 65,501 58,853 55,685 51,825
Deferred
Developer Fee 50%
50%
(28,591)
(28,591)
(29,791) (30,805) (31,620) (32,225) (32,606)
(29,791) (30,805) (31,620) (32,225) (32,606)
(32,751)
(32,751)
(32,645) (32,276) (31,626) (30,682) (29,427)
(32,645) (32,276) (31,626) (30,682) (29,427)
(27,843)
(27,843)
(25,913)
(25,913)
(23,618)
(23,618)Distribution to
Lenders
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CONSTRUCTION COSTS
DESCRIPTION ACTUAL COST
OF 71 UNIT
LOT A LOT C LOT T
57 UNITS 76 UNITS 73 UNITS
PROJECT WITH
2020 START
JOINT SEALANTS 57,179
508,103
957,986
2,050,242
333,939
19,132
45,904
407,914
61,206
543,885
1,025,450
2,194,625
357,456
20,479
58,790
522,416
94,972
DOORS, FRAMES & HARDWARE
ALUMINUM, GLASS AND GLAZING
DRYWALL & METAL FRAMING SYSTEMS
LATH & PLASTER
769,087
1,645,969
268,092
15,359
2,107,995
343,346
19,671CERAMIC TILE
ACOUSTICAL CEILINGS / ALLOWANCES
RESILIENT FLOORING & CARPET
PAINTING & WALLCOVERING
MISC BLDG SPEC
499,251
427,020
354,713
400,807
342,819
534,410 513,314
457,092
379,693
849,390
37,017
439,049
364,705
815,861
284,770
637,042
27,763
793,509
34,582CODE SIGNAGE 35,556
PASSENGER ELEVATOR
PLUMBING
304,041
2,564,063
509,741
244,089
2,058,473
409,229
1,043,139
2,594,553
22,920,354
325,452
2,744,631
545,638
1,390,851
3,459,404
30,560,471
312,606
2,636,290
524,100
1,335,949
3,322,849
29,354,137
FIRE PROTECTION
HVAC 1,299,348
3,231,812
28,549,914
ELECTRICAL
SUBTOTAL
PROPERTY LIABILITY & DAMAGE
GC OVERHEAD & PROFIT
114,200
1,146,565
208,479
(73,538)
91,682
920,482
167,370
(59,038)
122,242
1,227,309
223,161
117,417
1,178,863
214,352
(75,609)
GC PAYMENT & PERFORMANCE BOND
SUBCONTRACTOR OCIP DEDUCT
ALLOWANCE
(78,717)
CONSTRUCTION CONTINGENCY 570,998
0 458,407 611,209 587,082
ESCALATION TO START OF 12,338,567 19,398,449 21,633,258 CONSTRUCTION (6% per year)
TOTAL CONSTRUCTION COST 30,516,618 36,837,824 52,064,124 53,009,499 NUMBER OF UNITS 71 57 76 73
CONSTRUCTION COST PER UNIT 429,812 646,278 685,054 726,158 42 Item 8
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LOT O PARKING LOT - 460 EMERSON STREET
FINANCIAL ANALYSIS
Assumptions
Number of Stalls: 222
Reserved Stalls: 45 Lot A Housing
40 Lot C housing
25 Avenidas
110 Total Reserved
112 Total General Public
Timing: 2 years for City to select developer and enter into an ENA 2 years for predevelopment
Construction start Early 2027
Timing of garage construction is important because it needs Lot A & Lot C in-lieu fees. It also needs to be complete when Lot A opens.
Housing in-lieu fee paid at housing construction loan closing. City disburses to garage at garage permanent loan closing.
Development Cost
Estimated all-in cost to build in 2023
Escalated at 3% per year
25,619,688
28,835,185
28,835,185
@ $115,404 per space
for 4 years
Total cost to build 222-space garage at Lot O
PotentialSources of Financing
SOURCE AMOUNT PER UNIT
Bank Loan
Lot A In-Lieu Fee
Lot C In-Lieu Fee
City of Palo Alto
CA HCD IIG Funding
GAP
359,584
5,193,180
1,620
23,393
20,794
31,532
20,270
32,280
129,888
4,616,160
7,000,000
4,500,000
7,166,260
28,835,185Total
Operations
Income from Permits or Parking Revenue
Less Operating Expenses
100,800*
(58,169)**
42,631Net Operating Income
Less Debt Service
Net Cash Flow
DSCR 1.25 (34,105)
8,526
*equivalent to: 112 annual permits or $2.47 per “General Public” space per day (likely to be a combination) ** based on an estimate provided by our consultant, Douglas Parking 43 Item 8
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LOT D PARKING LOT - 375 HAMILTON AVENUE
FINANCIAL ANALYSIS
Assumptions
Number of Stalls: 384
Reserved Stalls: 58 Lot T Housing
326 Total General Public
Timing: Construction start 2028-2029
Timing of garage construction is important because it needs Lot T in-lieu fees. It also needs to be complete when Lot T opens.
Housing in-lieu fee paid at housing construction loan closing. City disburses to garage at garage permanent loan closing.
Development Cost
Estimated all-in cost to build in 2023
Escalated at 3% per year
44,315,136
51,373,388
51,373,388
@ $115,404 per space
for 5 years
Total cost to build 384-space garage at Lot D
PotentialSources of Financing
SOURCE AMOUNT PER UNIT
Bank Loan
Lot T In-Lieu Fee
City of Palo Alto
CA HCD IIG Funds
Gap
1,891,871
6,693,432
8,000,000
25,500,000
9,288,085
51,373,388
4,927
17,431
20,833
66,406
24,188
133,785Total
Operations
Income from Permits or Parking Revenue
Less Operating Expenses
293,400*
(69,107)**
224,293Net Operating Income
Less Debt Service
Net Cash Flow
DSCR 1.25 (179,435)
44,859
*equivalent to: 326 annual permits or $2.47 per “General Public” space per day (likely to be a combination) ** based on an estimate provided by our consultant, Douglas Parking 44 Item 8
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SECTION SIX
PROJECT TEAM
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DEVELOPMENT TEAM: ALTA HOUSING
Main Contact: Telephone:
Randy Tsuda, CEO and President 650-321-9709
Email: Website:
[email protected] Phone: 650-321-9709 altahousing.org Street & Mailing Address:
Sobrato Center for Nonprofits
3460 West Bayshore Road, Suite 104
Palo Alto, CA 94303
Size of Firm:
62 Employees
FIRM DESCRIPTION
Alta Housing (formerly Palo Alto Housing) is a community-based nonprofit organization (501c3) focused exclusively on providing affordable housing and resident services in Santa Clara and San Mateo Counties -- in the heart of Silicon Valley -- where the need is greatest. Our mission is to create stronger, more diverse communities by providing and maintaining high-quality, affordable housing where individuals and families thrive. For over 52 years, AH has built award-winning housing while assisting individuals and families in reaching their goals through our robust resident services program.
We pride ourselves as a community-based organization. Our diverse staff and Board members live in the areas we serve and have deep roots in the communities we operate. These relationships help us leverage local resources and make sure that our residents have access to them.
ORGANIZATION & ROLES
RANDY TSUDA
Randy has been the CEO and President of Alta Housing since 2018. Prior to joining Alta, he was Mountain View’s Director of Community Development. His career includes experience in the nonprofit, private, and public sectors, and spans real estate, city planning, affordable housing, and economic development. He has worked on projects that received awards from the American Planning Association, American Society of Landscape Architects, and in May 2018 received the “Bringing It Home” award from SV@Home, a policy and advocacy organization focused on increasing affordable housing in Silicon Valley. Under Randy’s leadership, Alta Housing has grown its development pipeline by over 500 units and staff headcount by 20%.
CARLOS CASTELLANOS
As Vice President of Real Estate Development, Carlos is responsible for acquisitions and new development. He has over 25 years of experience in real estate development and affordable housing. Before joining Alta Housing, he led development in the East Bay for MidPen Housing Corporation. He enjoys working with the diverse populations of the Bay Area to build healthy, vibrant and safe neighborhoods and making stable, affordable housing the cornerstone to achieving his vision.
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MARC GARCIA
Marc is Alta Housing’s CFO and would be responsible for managing our financial participation for this project. Marc has over 20 years of financial and accounting experience in both affordable and commercial real estate. Prior to joining Alta, Mark was Director of Accounting at MidPen Housing Corporation, where he progressively assumed increasing responsibility in accounting, corporate finance and financial planning and analysis (budgeting, modeling and forecasting).
AVA KUO
Ava Kuo is a Senior Project Manager at Alta Housing and will be the project manager overseeing the development of the affordable housing projects in this RFI. Ava joined Alta Housing in 2022. She has considerable experience with new construction projects in Santa Clara County and led the development team at First Community Housing before joining Alta Housing. Ava is responsible for ensuring that projects remain on schedule and within budget throughout the development process and works under the supervision of the VP of Real Estate Development to lead projects from acquisition through lease up.
SHERYL KLEIN
Sheryl Klein will lead Alta’s community engagement and outreach. Sheryl was responsible for the successful community support for Wilton Court Apartments. She is an active member of the Palo Alto community and her community involvement includes co-chairing the PA Housing Element Working Group and serving on the Board of Directors of the Palo Alto Community Fund and Downtown Farmers’ Market.
The Alta Housing Development
Team ready to get to work.
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DESIGN TEAM: PYATOK ARCHITECTURE + URBAN DESIGN
Main Contact: Telephone:
Adrianne Steichen, Principal 510-465-7010
Email: Website:
[email protected] pyatok.com
Street & Mailing Address:
1611 Telegraph Avenue, Suite 200
Oakland, CA 94612
Size of Firm:
50 Employees
FIRM DESCRIPTION
PYATOK architecture + urban design is a mission-driven, full-service architectural firm with a focus on community and stakeholder engagement. We specialize in the master planning and design of multifamily residential projects, including affordable housing of all types as well as market-rate, workforce, and student housing. Our staff includes 50 professionals who are dedicated to the belief that the best urban communities come about through a partnership between project sponsor, community, city staff, and an open-minded design team.
Garnering local and national design awards, our projects have always been built to conform to the critical demands of local context, program, schedule, and budget. Over our nearly 40 years of service across the Bay Area and West Coast, PYATOK has built a culture of collaborative leadership and expert project management. We design to maximize the efficiencies of construction typologies including wood frame, prefab, and modular systems, delivering complex projects on accelerated schedules. We collaborate closely with the owner, builder, local authorities, and project stakeholders. Leveraging the latest green building technologies, cutting-edge modeling processes, and participatory design methods, we create attractive, healthy, energy-efficient living spaces and communities that contribute to their neighborhoods’ vitality.
ORGANIZATION & ROLES
ADRIANNE STEICHEN, AIA, NCARB, LEED AP
Adrianne brings 20 years of experience and leadership to multifamily residential developments throughout the San Francisco Bay Area; Adrianne believes that good design is for everyone and chose a path in housing as an opportunity to improve lives, delivering good design at all income levels. As Principal at PYATOK, Adrianne inspires teams to design and deliver housing for all people across the San Francisco Bay Area region, passionately writes and presents about the design of dignified housing in walkable urban communities to professionals and communities all over the United States, and tirelessly cultivates leadership in equity—within the office, through her direction of firm policies and procedures as well as her mission-focused design approach within projects—and in the community, through her activism in professional and neighborhood organizations. Adrianne is a licensed architect in California and Oregon, a LEED Accredited Professional in BD+C and Homes, and holds a Master of Architecture from Tulane University with a minor in Film Studies. In 2015, the American Institute of Architects nationally recognized Adrianne as one of its Young Architects of the Year.
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THERESA BALLARD, AIA, LEED AP
PYATOK principal Theresa Ballard has over 20 years of experience designing and delivering residential communities at all sizes, densities, and user groups, with a primary focus on affordable multifamily, student, and permanent supportive housing.
She has managed both new construction and renovations, balancing technical knowledge with creative solutions for creating community among distinctive resident groups, and tailoring living spaces to their community’s specific needs, priorities, and settings. Theresa is a former Planning Commissioner for the city of Newark, California, and a former Board Member and President for Abode Services, a San Francisco Bay Area nonprofit housing developer. She has recently participated in conference panels for Co-locating Permanent Supportive Housing with Homelessness Services (Non-Profit Housing Association of Northern California, 2022) and Gold Nugget Awards: Winners and Trends (Pacific Coast Builders Conference, 2022). Theresa has a Bachelor in Architecture from Cal Poly San Luis Obispo.
KEVIN RILEY, AIA, LEED AP
Passionate about making cities better places to live, Associate Kevin Riley views the design of multifamily housing as an opportunity to contribute to the vitality and sustainability of communities. Committed to PYATOK’s mission of social engagement, Kevin brings his experience in housing and architecture to his local neighborhood association and his students as an adjunct professor at the Academy of Art University.
Originally from New England, Kevin is excited to be part of the national dialogue surrounding the Bay Area – conversations about gentrification, the housing crisis, and sustainable growth. Kevin is a licensed Architect in California, holds M.Arch and B.S.Arch degrees from Wentworth Institute of Technology in Boston, and is a LEED Accredited Professional. On weekends, Kevin can be found rock climbing, riding his motorcycle on Bay Area backroads, or exploring local neighborhoods. 49 Item 8
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PARTNERSHIP
PYATOK ARCHITECTURE + URBAN DESIGN & ALTA HOUSING
Alta Housing and PYATOK have partnered to create high-quality housing communities for the past 20 years. The two firms first worked together twenty years ago on Oak Court, a 53-unit family apartment community at the edge of downtown Palo Alto, on the former Palo Alto Medical Foundation site. The project was carefully designed to blend into and extend the fabric of downtown Palo Alto. To avoid a continuous street wall, buildings were oriented perpendicular to the street with front porches and stoops matching the neighborhood pattern and concealing the partially below-grade parking. The plan includes the preservation of several mature oak trees and an existing historic boarding house was relocated on-site to serve as a community center.
Oak Court
Alta Housing and PYATOK continued to work together on two subsequent projects, Tree House and Wilton Court. PYATOK Principal Adrianne Steichen played an integral part in both projects and has been the Principal architect on Wilton Court.
Tree House Apartments was carefully designed on the former site of the Recording Center for the Blind offices to fit within a highly sensitive Palo Alto neighborhood. It is a compact community of 35 studio units.
Indoor and outdoor common areas are arranged to encourage interaction among the diverse residents.
The sense of shared community is enhanced by visual connections between the entry lobby, community room, patio, and roof deck. Careful placement of the building allowed 12 of the 13 existing heritage trees to be retained, creating a shaded refuge and maximizing the visual buffering from neighboring homes. The building was sculpted to reduce the apparent height, stepping down from four to two stories at both front and back.
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Tree House Apartments Wilton Court
Wilton Court is Alta Housing’s first all-electric project. The 20,000 sqft site has 59 studio and one- bedroom units for households earning between 30 and 60% of AMI, including 21 units for adults with intellectual or development disabilities. Organized as an efficient L-shape, the four-story building steps down toward the adjoining neighborhood and shapes a landscaped courtyard sheltered from El Camino Real’s traffic. The ground floor contains a community kitchen, activity room, common laundry, package storage, and management offices.
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53 UNITS
FLATS, TOWNHOMES UNIT TYPES
2:1 PARKING RATIO
67,000 BUILDING S.F.
1.2 TOTAL ACRES
44 D.U.A.
$9.5M CONSTR. COST
2005 COMPLETION
OAK COURT APARTMENTS
PALO ALTO
Aꢀordable Family Housing
Client: Alta Housing
This project lies at the edge of downtown Palo Alto in a neighborhood known as “Professorville,” an affluent residential enclave of classic, single-family craftsman homes where the median home price was $1.5 million at the time of construction.
The project consists of 53 apartments for low-income families in townhomes over flats, above a partial subterranean garage.CONSTRUCTION TYPE Type V over Type I (podium)
PYATOK facilitated several community meetings to help generate the form, organization, and program of this project. The process resulted in buildings that have been very well received by the local homeowners, despite the income and wealth disparities between the new residents and the neighbors.
UNIT MIX
1 BR = 17% | 2 BR = 34% | 3 BR = 49%
AMENITIES
Tot Lot, Community Center, Bicycle
Storage
A historic boarding house was moved to the corner and is now used as the manager’s office and a community center. All units have patios or balconies, and several have private porches on the street, matching the streetscape of the area. Buildings were oriented perpendicular to the streets where possible to eliminate the sense of a continuous street wall.
AWARDS
Grand Award
Gold Nugget Awards, 2005
Merit Award
Builder Magazine, 2005
PYATOK architecture + urban design
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35 UNITS
FLATS UNIT TYPES
.9 PARKING RATIO
21,000 BUILDING S.F.
.7 TOTAL ACRES
50 D.U.A.
$5M CONSTR. COST
2011 COMPLETION
193 GREEN POINT
TREE HOUSE
PALO ALTO
Aꢀordable Senior & Special Needs Housing
Client: Alta Housing
Carefully designed to fit within a highly sensitive Palo Alto neighborhood, this compact community of 35 studio units serves single adults ranging from seniors to youth recently released from foster care. Indoor and outdoor common areas are arranged to encourage interaction among the diverse residents and to support the long term goal of transitioning residents to economic independence.
CONSTRUCTION TYPE
Type V-A
UNIT MIX
Studios = 94% | 1 BR = 6%
AMENITIES
Support Services, Community Room,
Central Laundry, Computer Room, BBQ
Patio, Bicycle Parking
The sense of shared community is enhanced by visual connections between the entry lobby, community room, patio, and roof deck.
Careful placement of the building allowed 12 of the 13 existing heritage trees to be retained, creating a shaded refuge and maximizing the visual buffering from neighboring homes. The building was sculpted to reduce the apparent height, stepping down from four to two stories at both front and back. All units have 9-foot ceilings and tall windows looking directly into the large live oaks and stately valley oaks surrounding the project.
AWARDS
Grand Boulevard Initiative Award
Grand Boulevard Initiative, 2013
Growing Together Award
Associated Bay Area Government, 2012
PYATOK architecture + urban design
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59 UNITS
FLATS UNIT TYPES
.69 PARKING RATIO
55,500 BUILDING S.F.
.46 TOTAL ACRES
128 D.U.A.
EST. $30M CONSTR. COST
2022 COMPLETION
GPR GOLD TARGETING
WILTON COURT APARTMENTS
PALO ALTO
Aꢀordable, Supportive Housing
Client: Alta Housing, Contractor: L&D Construction Co., Inc.
Wilton Court sits at the edge of Palo Alto’s Ventura neighborhood – a diverse, mixed income area, and home to the city’s historic African American and Japanese American communities as well as artists and tradespeople. Wilton Court is the City’s first approved affordable housing project since 2013, and is the inaugural project for its new Affordable Housing Combining District. Through a partnership with nonprofit Housing Choices, twenty-one apartments are reserved for adults with developmental disabilities, creating further opportunities for Palo Altans to continue to live in their community.
The project’s interior design pays special attention to wayfinding through subtle color and texture changes, consistency in locating commonly-used resources and appliances, and accessibility regardless of users’ posture, body size, and mobility. Its L-shaped massing steps from four stories along El Camino Real to one towards the residential neighborhood, creating a semi-enclosed podium-level courtyard with an undeniably “cozy” feel. Sheltered from the bustle of the thoroughfare, the courtyard incorporates landscaping, lounge seating, a trellised gathering area, and a row of trees that enhance privacy.
At the ground floor, offices, a publicly-reservable community room with kitchen, an activity room, and a bike room comprise the project’s storefront, including direct street access. Generous glazing, offset mullions, and a subtle formal zig-zag establish visual and literal lightness while creating additional space for sidewalk planters. Terra-cotta and stucco cladding recall the vernacular of this stretch of El Camino Real, while metal awnings protect apartments from south and west sunlight.
Vehicle parking, split between two podium levels, is accessed via a rear alley. A small rear yard includes a preserved mature oak tree and a new stormwater swale, enclosed by a good-neighbor fence.
CONSTRUCTION TYPE
V-A over I-A
UNIT MIX
Studios = 93% | 1 BR = 7%
BICYCLE PARKING RATIO
1.46 AMENITIES
Community Room, Community
Kitchen, Common Laundry, Package All-electric energy, 100% EV-compatible parking, solar hot water and Storage, Management Offices,
Secured Bicycle Parking
power, droughttolerant plantings, and greywater irrigation contribute to the project’s sustainable performance.
PYATOK architecture + urban design
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Thank You
LEARN MORE AT ALTAHOUSING.ORG
3460 West Bayshore Road, Suite 104, Palo Alto, CA 94303 55 Item 8
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March 7, 2023
Offer for:
Palo Alto Downtown new parking & housing
RFI 185418
City of Palo Alto
Midway - Phase 1, Daly City
Primary Contact:
Felix AuYeung, Vice president of Business Development
(510) 426-5667 | [email protected]
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Section
1 2
3 4
5 Statement of Interest
Statement of Experience
Project Concept
Project Cost Pro Forma
Project Team
Appendix
Attachment A – Proposer’s Information Form
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DocuSign Envelope ID: 028935AF-5B62-4FD6-8DBF-A1BE3A714406
STATEMENT OF INTEREST
Thank you for the opportunity to participate in the Request for Interest (RFI) for the Palo Alto City- owned downtown parking sites. We are excited for the City’s vision to use these primarily surface parking lots for infill developments that enhance the downtown and meet the primary objectives of the RFI – to maximize the provision of affordable and workforce housing and to replace public parking. And we enthusiastically express our interest in partnering with the City to create public good on these sites, as their redevelopment represents both a meaningful step towards addressing the community’s housing needs while also providing public parking critical to ensuring the downtown’s vibrancy. These strategic sites can be redeveloped to replace low density parking uses with efficiently-constructed consolidated parking and high-quality rental affordable housing. Our goal would be to work with the City to deliver 200-300 new affordable rental opportunities on 5-7 sites, replace and expand public parking, and create a built environment and public realm that will enhance the already strong fabric of the downtown.
MidPen brings deep experience in developing and operating affordable housing throughout the Bay Area. For over 50 years, MidPen has been working to address the Bay Area’s housing affordability challenges and has developed over 110 communities and 8,500 affordable homes for working and low-income families, seniors, and special needs households. MidPen has an exceptional track record of partnering with cities to produce housing that meets the community’s vision and becomes part of the neighborhood fabric. Our presence is especially strong on the Peninsula.
In addition to developing housing, MidPen Property Management Corporation provides professional property management for our own developments, and MidPen Resident Service Corporation provides and coordinates onsite services programs for MidPen residents. Together, MidPen Development, Property Management, and Resident Services have won over 100 industry awards for excellence including two ULI Global Excellence awards.
We very much look forward to working with the City and the community to explore our development concept and bring to life a handful of high-quality developments over the next decade that meets the long-term goals for the City of Palo Alto.
Sincerely,
Felix AuYeung
Vice President of Business Development
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STATEMENT OF EXPERIENCE
MidPen Housing Corporation (“MidPen”) is one of the nation’s leading non-profit developers, owners, and managers of high-quality affordable housing. MidPen employs over 500 people to develop and operate its growing property portfolio. In the 50+ years since it was founded, MidPen has developed over 110 communities and over 8,500 affordable homes for working and low-income families, seniors, and special needs individuals throughout Northern California. Given our deep roots on the Peninsula and in Silicon Valley, the majority of these homes are located in San Mateo and Santa Clara counties. Below, we profile several examples of our communities most relevant to the Palo Alto downtown parcels. In the appendices, we are also providing examples of our approach to community engagement, our work with public art, and a summary of project awards.
Below we provide information on 3 similar projects: Kiku Crossing (large downtown development with stand-alone public garage), Brooklyn Basin (4-phase urban infill development), and Station Center (transit- oriented development with stand-alone parking garage next to BART).
Kiku Crossing, San Mateo, County of San Mateo
Project Description
In 2018, MidPen Housing was selected by The City of San Mateo to redevelop two city-owned surface parking lots to replace and expand public parking and add affordable
housing opportunities downtown. The approach of the Kiku Crossing project is similar to our preliminary concept for the Palo Alto sites where parking and housing would be
designed and built separately to maximize efficiency,
number of homes, and number of parking stalls. The design of Kiku Crossing has housing consolidated on one parcel and parking for residential and public uses on the other parcel. This project demonstrates MidPen’s success with public parking design and construction that is high-quality, cost-effective, and integrated into the community.
Project Size
Housing Units: 225
Residential Parking Spaces: 164
Public Parking Spaces: 524 (replacing 235 spaces on surface lots for 289 net new public stalls) Overall Area: 1.16 acres for the residential building; 2.41 acres total with garage Project Financing
PERMANENT SOURCES
Amortizing Perm Loan, Tranche A
Amortizing Perm Loan, Tranche B
Tax Credit Investor Proceeds
City Housing Funds
PER UNIT
$189,802
$78,287
$89,192
$27,439
$36,609
$30,488
$41,567
$31,127,500
$12,839,100
$14,627,536
$4,500,000
$6,003,817
$5,000,000
$6,817,000
County AHF
Infill Infrastructure Grant
Subordinate Surplus Cash Debt
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GP Equity (from MidPen)
City Parking Funds
$5,000,000
$5,000,000
$10,500,000
$101,414,953
$30,488
$30,488
$64,024
$618,384
Lease Payment Proceeds
Total Development Cost
Construction Timeline
Construction Start: January 2022
Construction End (projected): April 2024
Project Team
Project Owner: MidPen Housing Corporation
Property Management: MidPen Property Management Corporation Resident Services: MidPen Services Corporation
Architect: BAR Architects
Contractor: Devcon Construction, Inc.
Reference
Public Agency Contact Information: City of San Mateo, City Manager’s Office Name: Kathy Kleinbaum, Assistant City Manager
Phone number: 650.522.7153
Email: [email protected]
Brooklyn Basin, Oakland, County of Alameda (Phase I, II, III and IV) Project Description
In June 2015, MidPen was selected by Signature
Development to be its affordable housing partner at
Brooklyn Basin in the development of 465 affordable units on two parcels within the masterplan. Construction
consists of four-story wood-frame buildings over two-story concrete podium parking structures. These projects are the result of an innovative and highly collaborative
public/private partnership, and what was once an
underutilized and mostly industrial site has been
transformed into a highly livable, walkable, accessible, and beautifully designed district. MidPen’s success in
structuring and obtaining financing on complex multi-
phase projects is particularly relevant to the City of Palo Alto when considering development on multiple sites
within the downtown.
Project Size
Phase I: Paseo Estero 9% (hybrid)
Housing Units: 41
Residential Parking Spaces: 45
Overall Area: 0.74 acres
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Phase I: Paseo Estero 4% (hybrid)
Housing Units: 60
Residential Parking Spaces: 65
Overall Area: 0.74 acres
Phase II: Vista Estero
Housing Units: 110
Residential Parking Spaces: 83
Overall Area: 0.74 acres
Phase III: Foon Lok West
Housing Units: 130
Residential Parking Spaces: 157
Overall Area: 1.16 acres
Phase IV: Foon Lok East
Housing Units: 124
Residential Parking Spaces: 144
Overall Area: 1.15 acres
Project Financing
Brooklyn Basin, Paseo Estero 9%, Phase I
PERMANENT SOURCES
Tax Credit Equity
Amortizing Perm Loan, Tranche A
Total Development Cost
PER UNIT
$608,452
$38,561
$24,946,520
$1,581,000
$26,527,529 $647,013
Brooklyn Basin, Paseo Estero 4%, Phase I
PERMANENT SOURCES
Tax Credit Equity
Amortizing Perm Loan, Tranche A
Amortizing Perm Loan, Tranche B
City of Oakland
PER UNIT
$281,758
$62,734
$195,200
$89,167
$10,000
$574
$16,905,414
$3,764,000
$11,712,000
$5,350,000
$600,000AHP
Deferred Interest $34,428
Deferred Fee
Total Development Cost
$3,844,979
$42,210,821
$64,084
$703,514
Brooklyn Basin, Vista Estero, Phase II
PERMANENT SOURCES
Tax Credit Equity
Amortizing Perm Loan, Tranche A
Amortizing Perm Loan, Tranche B
City of Oakland
PER UNIT
$246,525
$47,418
$113,819
$112,000
$9,909
$27,117,644
$5,217,000
$12,520,000
$12,320,000
$1,090,000
$40,049
AHP
Deferred Interest $3,645
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Deferred Fee $5,343,150 $48,575
Total Development Cost $63,647,690 $578,615
Brooklyn Basin, Foon Lok West, Phase III
PERMANENT SOURCES
Tax Credit Equity
Amortizing Perm Loan, Tranche B
City of Oakland
HCD - NPLH
Deferred Interest
PER UNIT
$362,884
$138,254
$171,157
$42,308
$47,174,859
$17,973,000
$22,250,282
$5,500,000
$275,087 $2,117
Deferred Fee $9,141,634 $70,321
Total Development Cost $102,314,862 $787,037
Brooklyn Basin, Foon Lok East, Phase IV
PERMANENT SOURCES
Amortizing Perm Loan, Tranche B
City of Oakland
CA Housing Accelerator
Total Development Cost
PER UNIT
$98,888
$145,100
$531.798
$811,935
$12,262,000
$17,992,318
$57,434,094
$87,688,912
Construction Timeline
Construction Start (Phase I): December 2018
Construction End (Phase I): December 2020
Construction Start (Phase II): December 2018
Construction End (Phase II): December 2020
Construction Start (Phase III): July 2020
Construction End (Phase III): April 2022
Construction Start (Phase IV): June 2022
Construction End (Phase IV): February 2024
Project Team
Project Owner: MidPen Housing Corporation
Property Management: MidPen Property Management
Corporation Resident Services: MidPen Services Corporation Architect: HKIT Architects
Contractor: Nibbi Brothers General Contractor
Reference
Public Agency Contact Information: City of Oakland
Name: Christia Mulvey, Housing Development Manager
Phone number: 510.238.3623
Email: [email protected]
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Station Center, Union City, County of Alameda (Phase I and II) Project Description
Station Center, a LEED Platinum-certified community, is pedestrian- friendly and located across the street from the Union City BART station.
This project was one component of transforming a previously underutilized 105-acre site into a vibrant, mixed-use, transit-oriented, city center where residents of all income levels live, work, shop, and play, and has become a cornerstone of the city’s revitalization effort. A relevant piece of Station Center for the City of Palo Alto is MidPen’s ability to build high-quality TOD housing with integrated structured parking. Station Center has been successful in meeting Union City’s vision of providing housing and placemaking to their budding Intermodal Station District. MidPen’s parking approach for Station Center provides 117 public parking spaces in addition to 10 dedicated parking spaces for retail. Station Center has been selected for numerous awards including Structures Award from the Silicon Valley Business Journal, Real Estate Deal of the Year from San Francisco Business Times, Award for Excellence from The Urban Land Institute, and Growing Smarter Together Public-Private Partnership Award from the Association of Bay Area Governments.
Project Size
Housing Units: 157
Residential Parking Spaces: 157
Public Parking Spaces: 127 (117 shared spaces, 10 retail spaces) Overall Area: 2.18 acres
Project Financing
Station Center Phase I
PERMANENT SOURCES PER UNIT
$126,754
$35,271
$18,594
$204,622
$9,900
Tax Credit Equity $12,675,335
Amortizing Perm Loan, Tranche A
Amortizing Perm Loan, Tranche B
City of Union City
$3,527,008
$1,859,400
$20,462,171
$990,000AHP Loan
Environmental Green Grant
Deferred Fee
$65,147 $652
$100,000 $1,000
Total Development Cost $39,679,061 $396,791
Station Center Phase II
PERMANENT SOURCES PER UNIT
Tax Credit Equity $13,489,115 $236,652
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Amortizing Perm Loan, Tranche A
Amortizing Perm Loan, Tranche B
City of Union City
$2,063,985
$1,007,000
$5,212,198
$560,000
$36,211
$17,667
$91,443
$9,825AHP
Deferred Fee $600,000 $10,527
$402,321Total Development Cost $22,932,298
Construction Timeline
Construction Start (Phase I): April 2010
Construction End (Phase I): October 2011
Construction Start (Phase II): March 2011
Construction End (Phase II): April 2012
Project Team
Project Owner: MidPen Housing Corporation
Property Management: MidPen Property Management Corporation Resident Services: MidPen Services Corporation
Architect: David Baker + Partners
Contractor: Barry Swenson Builder
Reference
Public Agency Contact Information: City of Union City
Name: Carmela Campbell, AICP Economic and Community Development Director Phone number: 510.675.5316
Email: [email protected]
Attachments
Property Profiles
MidPen Community Outreach
MidPen Public Art
MidPen Awards
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KIKU CROSSING
FAMILY HOUSING
San Mateo, CA
Developer MidPen Housing Corp.
Property Management MidPen Property Management Corp.
and Resident Services MidPen Services
Development Type Multi-story, transit-oriented development; includes public parking garage on
adjacent block
Construction Type Residential - Type IIIA over Type IA
Garage - Type IA
Site Area: 1.16 acres; 2.41 acres total with garage
93 units / acreDensity:
Parking Ratio:
Development Profile
.73 : 1 – 164 spaces (residential)
Type No. Size (sf) Rent Range
Studio 66 380
529
784
1029
$635-1801
$732-1914
$799-2822
$1212-2836
1 BR
2 BR
3 BR
41 59
59 TOTAL 225
Amenities Community room with kitchen; after
school program classroom; laundry
facilities; bicycle parking; outdoor
courtyard and rooftop deck
Kiku Crossing is the result of close partnership between MidPen Housing, the City of San Mateo, and San Mateo County to develop 100% affordable housing opportunities for Peninsula residents, including households experiencing homelessness, individuals with intellectual and/or developmental disabilities, public employees, and households who live and work in San Mateo. Construction on the
Services Offered •Academically-based after school and
summer programs for youth
•Financial literacy courses
•Vocational development
•Health and wellness programs
•Computer lab and assistance
•Case Management / Supportive Services
•Connection to community resources
225 units began in January Resident Profile
Funders
Households earning between 30%-80%
of the Area Median Income2022 and will complete in
spring 2024. •City of San Mateo
•County of San Mateo
•Housing Authority of the County
of San Mateo
•Housing Endowment and Regional Trust
of San Mateo County (HEART)
•CalHFA
•Bank of America
•California Tax Credit Allocation Committee
•California Debt Limit Allocation Committee
MidPen and the City added 61
units to Kiku Crossing’s original
concept by leveraging Assembly
Bill 1763, the State Density
Bonus Law. This allows for
increased density and height
Architect BAR Architects
Contractor Devcon Construction, Inc.
at transit-oriented properties when all units are below-market-rate. Construction of the affordable housing community also includes a five-story public parking garage on the next block which will open in Spring 2023.
Residents will enjoy several amenities, including a community room with kitchen, an outdoor courtyard and rooftop deck, and an after school program classroom. Services will be provided onsite by MidPen Services and coordinated with a network of service-provider partners. Kiku Crossing is centrally located in downtown San Mateo, close to transit, shopping, parks, and a library.
Kiku Crossing | 480 E. 4th Avenue, San Mateo, CA 94401
For more information contact: MidPen Housing | www.midpen-housing.org 303 Vintage Park Drive, Suite 250 | Foster City, CA 94404 | Tel: 650.356.2900 | email: [email protected] Item 8
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PASEO ESTERO
HIGH-DENSITY FAMILY HOUSING
Oakland, CA
Developer MidPen Housing Corp.
Property Management MidPen Property Management Corp.
Resident Services
Development Type
Construction Type
MidPen Services
New construction
4-story wood frame over 2-story podium
base
Site Area: .98 acre
Density: 103 units / acre
1.09 : 1 – 110 spacesParking Ratio:
Development Profile Type
1 BR
2 BR
3 BR
TOTAL
No.
36 Unit Size (sf)
550
15 850
50 1,100
101
Amenities Community room; computer lab; fitness
center; courtyard with outdoor seating;
secured bicycle storage; playground;
learning center; Brooklyn Basin parks and
open spaces
Brooklyn Basin is a new mixed-use, mixed-income district along Oakland’s waterfront, featuring over 3,000 new homes, creative retail, parks, and open spaces along 64 acres, and includes Paseo Estero, which provides 101 deeply affordable rental apartments for families. The result of an innovative and highly collaborative public/private partnership, what was once an underutilized and mostly industrial site, is being transformed into a highly livable, walkable, accessible and beautifully-designed district
Services Offered Adult Services Programming:
•Financial capabilities courses
•Workforce development
•Health and wellness programs
•ESL courses
Youth Services Programming:
•Academically-based after school and
summer programs
•Leadership skills
•Engagement in career paths and
college exploration
to benefit generations to Connection to Community Resources come. The City of Oakland Resident Profile
Funders
Families earning up to 60% of the Area
Median Income
and Signature Development •City of Oakland
Group, Brooklyn Basin’s •Oakland Housing Authority
•California Tax Credit Allocation
Committeemaster developer, selected
•California Municipal Finance Agency
•Federal Home Loan Bank of San
Francisco
•Freddie Mac
•Wells Fargo
MidPen to be the district’s
affordable housing partner in
2015.
Architect HKIT Architects
Contractor Nibbi Brothers General ContractorsPaseo Estero demonstrates the vision and commitment of one of California’s largest and most diverse cities to build more affordable housing for its residents. Paseo Estero began construction in December 2018 and completed in December 2020.
MidPen is committed to sustainable development, including the use of advanced green building methods: recycled content materials; energy and water efficient appliances; photovoltaic and solar thermal systems; and drought- tolerant landscaping. Paseo Estero received LEED Silver certification.
Paseo Estero | 255 8th Avenue, Oakland, CA 94606
For more information contact: MidPen Housing | www.midpen-housing.org 303 Vintage Park Drive, Suite 250 | Foster City, CA 94404 | Tel: 650.356.2900 | email: [email protected] Item 8
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VISTA ESTERO
HIGH-DENSITY SENIOR HOUSING
Oakland, CA
Developer MidPen Housing Corp.
Property Management MidPen Property Management Corp.
Development Type
Construction Type
Site Area:
New construction
4-story wood frame over 2-story podium base
.74 acres
Density: 148 units / acre
Parking Ratio: .75 : 1 – 83 spaces
Development Profile Type
1 BR
No.
106
4 Size Units (sf)
596
8192 BR
TOTAL 110
Amenities Community room; computer lab; balance
studio; courtyard; secured bicycle storage;
arts and crafts room; Brooklyn Basin
neighborhood amenities
Services Offered Health & Wellness Programming:
•Care coordination and case management
•Functional independence assessments
•Movement classes
Brooklyn Basin is a new mixed-use, mixed-income district along Oakland’s waterfront, featuring over 3,000 new homes, creative retail, parks, and open spaces along 64 acres, and includes Vista Estero, which provides 110 deeply affordable rental apartments for seniors. The result of an innovative and highly collaborative public/private partnership, what was once an underutilized and mostly industrial site, is being transformed into a highly livable, walkable, and beautifully-designed community
•Health fairs/health screens
•“Brown Bag” food assistance programs
• Independent living classes
• Safety education
Quality of Life Social Programming:
•Holiday celebrations
•Field trips
•Other social events
Connection to Community Resourcesto benefit generations to come. In 2015, the City of Oakland and Brooklyn Resident Profile Seniors earning up to 60% of the Area Median IncomeBasin’s master developer, Signature
Funders •City of OaklandDevelopment Group, selected MidPen •Oakland Housing Authority •California Tax Credit Allocation Committee
•California Municipal Finance Agency
•Federal Home Loan Bank of San Francisco
•Freddie Mac
Housing to be the district’s affordable
housing partner.
•Wells FargoVista Estero demonstrates the vision
and commitment of one of California’s
largest and most diverse cities to
Architect HKIT Architects
Contractor Nibbi Brothers General Contractors
build more affordable housing for its residents. Vista Estero began construction in December 2018 and completed in December 2020. The community has employed several green building features, and received LEED Silver certification.
Vista Estero’s design supports the goal of healthy living, allowing seniors to age in place and continue to live active and enriched lives. Through a network of service providers, MidPen Services coordinates onsite programs for its senior residents.
Vista Estero | 285 8th Avenue, Oakland, CA 94606
For more information contact: MidPen Housing
303 Vintage Park Drive, Suite 250 | Foster City, CA 94404 | Tel: 650.356.2900 | email: [email protected] Item 8
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FOON LOK WEST
FAMILY HOUSING
Oakland, CA
Developer MidPen Housing Corp.
Property Management MidPen Property Management Corp.
Resident Services
Development Type
Construction Type
Site Area:
MidPen Services
6-Story New Construction
Type III Wood over Type I Concrete
1.16 acres
Density: 112 units / acre
Parking Ratio:
Development Profile
1.28 : 1 – 167 spaces
Type
1 BR
2 BR
3 BR
TOTAL
No.
48 Unit Size (sf)
630
35 870
47 1,075
130
Amenities Community room; learning center;
computer lab; meeting rooms and offices;
landscaped courtyard with play area and
BBQ; bicycle parking; laundry facilities
Services Offered Adult Services Programming:
• Financial capabilities courses
• Workforce development
• Health and wellness programs
Youth Services Programming:
• Academically-based after school and
summer programs
• Leadership skills
• Engagement in career paths and college
exploration
Foon Lok West is a part of Brooklyn Basin, a master-planned community along Oakland’s waterfront that will provide
over 3,100 new homes for people of all ages, income levels and walks of life within a vibrant, 64-acre, mixed-use district that includes retail, parks and open spaces. Foon Lok means “Joyous Community” in Cantonese. The community completed construction in summer 2022 with 130 affordable rental apartments for low- and extremely low-
Case Management and Supportive
Services
Connection to Community Resources
Resident Profile
Funders
Families and individuals earning up to 60%
of the Area Median Incomeincome working families
and individuals experiencing
homelessness.
• City of Oakland
• Oakland Housing Authority
• County of Alameda
• California Department of Housing and
Community Development - No Place Like
Home Program
• California Tax Credit Allocation Committee
• California Municipal Financing Agency
• Wells Fargo
Foon Lok West is the third
of MidPen’s four phases of
affordable housing development
at Brooklyn Basin, and is
followed by Foon Lok East.
Though constructed in separate
•California Community Reinvestment
Corporation
Architect HKIT Architects
Contractor Nibbi Brothers General Contractors
phases, the communities will operate as one property when both phases are completed. It is located across from Brooklyn Basin’s renovated and repurposed 9th Ave. Terminal and Township Commons public park.
Residents of Foon Lok West will enjoy community amenities including a multi-purpose community room, computer lab, learning center, secured bicycle parking, and a landscaped courtyard with playground and BBQ area.
Foon Lok West | 311 9th Avenue, Oakland, CA 94606
For more information contact: MidPen Housing | www.midpen-housing.org 303 Vintage Park Drive, Suite 250 | Foster City, CA 94404 | Tel: 650.356.2900 | email: [email protected] Item 8
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FOON LOK EAST
FAMILY HOUSING
Oakland, CA
Developer MidPen Housing Corp.
Property Management MidPen Property Management Corp.
Resident Services
Development Type
MidPen Services
6-Story New Construction
Construction Type
Site Area:
Type III Wood over Type I Concrete
1.16 acres
Density: 108 units / acre
Parking Ratio:
Development Profile
1.16 : 1 – 144 spaces
Type
1 BR
2 BR
3 BR
TOTAL
No.
41 Unit Size (sf)
620
39 830
44 1,120
124
Amenities Community room; learning center;
computer lab; meeting rooms and offices;
landscaped courtyard with play area and
BBQ; bicycle parking; laundry facilities
Services Offered Adult Services Programming:
• Financial capabilities courses
• Workforce development
• Health and wellness programs
Youth Services Programming:
• Academically-based after school and
summer programs
• Leadership skills
• Engagement in career paths and college
exploration
Foon Lok East is a part of Brooklyn Basin, a master-planned community along Oakland’s waterfront that will provide over 3,100 new homes for people of all ages, income levels and walks of life within a vibrant, 64-acre, mixed-use district that includes retail, parks and open spaces. Foon Lok means “Joyous Community” in Cantonese. The community will provide 124 affordable rental apartments for low- and extremely low-income working families and individuals experiencing
Case Management and Supportive
Services
Connection to Community Resources
homelessness. Resident Profile
Funders
Families and individuals earning up to 60%
of the Area Median Income
• City of Oakland
Foon Lok East is the fourth
and final phase of affordable
housing development at
Brooklyn Basin, totaling 465
units. Foon Lok East and
neighboring Foon Lok West
are tied together structurally
at the podium garage, and will
• Oakland Housing Authority
• California Department of Housing and
Community Development - No Place Like
Home Program
• California Department of Housing and
Community Development - California
Housing Accelerator
• Wells Fargo
•Century Housing
Architect HKIT Architects
Contractor Nibbi Brothers General Contractors
operate as one property once Foon Lok East is completed. It is located across from Brooklyn Basin’s renovated and repurposed 9th Ave. Terminal and Township Commons public park.
Residents of Foon Lok West will enjoy community amenities including a multi-purpose community room, computer lab, learning center, secured bicycle parking, and a landscaped courtyard with playground and BBQ area.
Foon Lok East | 389 9th Avenue, Oakland, CA 94606
For more information contact: MidPen Housing | www.midpen-housing.org 303 Vintage Park Drive, Suite 250 | Foster City, CA 94404 | Tel: 650.356.2900 | email: [email protected] Item 8
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STATION CENTER
MIXED-USE, TRANSIT-ORIENTED FAMILY HOUSING
Union City, CA
Developer MidPen Housing Corp.
Property Management MidPen Property Management Corp.
Development Type New, transit-oriented, high density, 4-story and 6-story family housing with detached garage
Construction Type Phase I: Types I & III, wood over concrete podium Phase II: Type V, wood frame
Garage: Type I, concrete
Site Area:
Density:
2.18 acres
72 units / acre
Parking Ratio: 1 : 1 – 157 spaces
(plus 117 shared spaces, 10 retail spaces)
Development Profile Type
1 BR
No.
33 Size Units (sf)
625
2 BR 74*
50 875
3 BR 1,125
TOTAL 157
Station Center is at the heart of the City of Union City’s vision to create the *Includes two 2-bedroom manager units Station District, a vibrant city center bustling with attractive store fronts, Amenities community parks and high-quality housing. In the Station District people of all income levels live, work, shop and play near public transportation and jobs.
Community room; computer center and
services meeting room; fitness center; tot lot/
play area; community gardens; swimming
pool; two resident lounges
This is smart growth at its best. Services Offered Youth after school & summer programs Financial literacy classes
Tutoring
Designed by award-winning architect David Baker + Partners, Station Center provides workforce housing in an innovative plan that attractively wraps apartment buildings around common
Computer training
Nutrition and cooking classes
Connection to community resources
Resident Profile Families earning between 30% and 50% of the Area Median Incomeareas to create an open feel. The
Funders •Redevelopment Agency
of the City of Union City
•Housing Authority of the County of Alameda
•JPMorgan Capital Corp.
•Chase
main entrance, a towering open-
arch, reveals a series of unique
spaces where neighbors gather
both indoors and outdoors. There •Union Bank
are gardens, playgrounds, a fitness •California Community Reinvestment Corporation
•California Tax Credit Allocation Committee
•Federal Home Loan Bank of San Francisco
facility, a pool and a community
room for programs and services
Architect David Baker + Partners
Barry Swenson Builder
for youth residents and adults.
ContractorStation Center also includes 8,600
square feet of commercial space on the ground level.
Sustainability and green design is a top priority with Station Center, which has achieved LEED Platinum Certification; and with stores, restaurants, BART and bus lines in close proximity, residents are able to walk and take public transportation. Station District is a model for urban infill development.
Station Center | 348888 Eleventh Street, Union City, CA 94587 For more information contact: MidPen Housing
303 Vintage Park Drive, Suite 250 | Foster City, CA 94404 | Tel: 650.356.2900 | email: [email protected] Item 8
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PROJECT CONCEPT
The 12 city-owned parking lots in downtown Palo Alto present an incredible opportunity to provide high-quality affordable housing while replacing and expanding public parking to ensure a healthy and vibrant downtown. MidPen’s approach would be to work collaboratively with the City to conduct community outreach, collect key stakeholder input, propose an ultimate strategy and program, and execute on building out the developments one by one over the next decade. MidPen has direct experience working with public entities on affordable housing developments that have catalyzed redevelopment of surface parking lots. This work includes Kiku Crossing, 225 homes in downtown San Mateo, and Station Center, 100 homes adjacent to BART in Union City, both of which feature significant replacement public parking components. We will leverage this experience to work with Palo Alto to arrive on a development plan that meets housing, parking, and urban design goals. Our preliminary concept is outlined below.
Site Selection
Given the relatively small size of the parking lot sites, MidPen envisions building a series of scattered-site developments, each targeting 41 homes, sized to both fit the small sites and to maximize leverage of the 9% Low Income Housing Tax Credit (LIHTC) program. To optimize cost efficiency, we propose identifying the most developable sites for housing and using the remaining lots to consolidate replacement public parking and off-site residential parking. This approach eliminates the need for podiums on the small housing sites, where parking will be both difficult to fit and expensive, and will allow the apartments to be simple Type V buildings. Residential parking will instead be combined with public parking in parking structures, which are much more efficient to build. We have direct experience with this approach at Kiku Crossing, Station Center, and parts of the Midway Village redevelopment.
In evaluating the 12 parking lots, we believe Lots A, D, E, G, N, P, and T have housing development potential, recognizing that Lot D has a garage plan already proposed, Lot E is very small and may be more suitable for a 51-home senior development, Lot G may displace a farmer’s market, and Lot P will require some vehicular circulation considerations. We propose construction to be timed such that a new parking structure will first create parking capacity, then housing developments will follow that will remove the public parking use from those sites and generate resident parking needs to be met in the new parking structure. When the first parking structure’s capacity is fully used up, the City can evaluate the success of the approach, then if desired, move on to the next group of parking structure and new housing developments.
Housing
There is tremendous unmet need for affordable rental homes serving the Peninsula workforce.
MidPen’s concept plans to leverage the full power of the 9% LIHTC program to finance the proposed developments, and as such, will adhere to its program requirements. All sites (except for Lot E) are proposed to serve families, and will be composed of a mix of unit types from studios to three-bedroom apartments, with a minimum of 25% of the homes at the three-bedroom size and a minimum of another 25% at two-bedroom. Affordability targets will range from 30% AMI to up to 80% AMI, with each project average at not higher than 50% AMI. We look to community input to best determine the unit and income mix. For Lot E, senior housing may be better suited, and those would be primarily Item 8
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one-bedroom in size, serving incomes from 30% to 50% AMI. With this approach, we believe we can deliver 200-300 rental homes on 5-7 sites.
Parking
We believe parking needs have shifted since the onset of COVID-19. The continuation of remote or hybrid work, the prevalence of ride-share, the conversion to electric vehicles, the burgeoning adoption of electric bikes and scooters, and the possibility of driver-less vehicles will likely have impact on downtown parking needs relative to the study results from ten years ago. We suggest revisiting the current utilization rate of each lot and evaluating the need for full replacement plus additional public parking in the downtown.
Our concept proposes to consolidate parking on key lots through efficient, cost-effective, above- ground, parking structures. With access to high-quality transit in downtown Palo Alto, we propose to park future residents at 0.5:1 ratio of dedicated off-site parking stalls to homes, and leverage shared parking arrangements during off hours such as overnight and possibly weekend parking. Thus, our concept may need between 100-150 dedicated residential parking stalls by final build-out. For convenience, each building will have several on-site, short-term, “white-curb” parking stalls to allow residents to drop off groceries or pick up family members.
This concept has some inherent flexibility and future adaptability. For example, if the City proceeded with the Lot D parking garage and created 324 spaces, it would be enough to replace the 84 surface stalls currently on Lot D and provide a “surplus” of 240 stalls. We could then develop Lots G, N, and T for affordable housing, displacing 152 existing public parking stalls on those three sites and creating a need for 63 new residential parking spaces. That reduces the 240 “surplus” stalls to 25 spaces, and offers an opportunity to reflect on how the program is working and whether parking needs have shifted again several years from now, to inform the plan for the next group of garage and developments.
Building Type
We are anticipating the housing to be built as efficient Type V, wood-frame, 4-story buildings, which would be under the 50’ height allowance. By locating parking in off-site, structured, stand-alone, above-grade, parking garages, it optimizes the design and costs for both the housing and the parking buildings. We intend to avoid below-ground parking because of high costs, and because they are highly inefficient on small sites.
The parking objectives of the City require balancing cost-effective design with creating a pedestrian- scaled, active streetscape. By moving residential parking off-site, the apartment buildings will have residents living on the ground level and human-scale interface at the street. We look forward to working collaboratively with the City and stakeholders to explore solutions to provide a high-quality public realm while meeting parking and housing objectives in a cost-effective way.
Financing Approach
MidPen brings extensive LIHTC affordable housing experience and real-time knowledge of financing sources for affordable rental housing and site-wide infrastructure. We believe that accessing 9% LIHTC funding represents the most feasible approach to financing these developments at this time given the parcel sizes and height limitations, as well as the extreme competition for tax-exempt bonds in the Bay Area region that acts as a barrier to 4% tax credits. This execution will require Item 8
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significant coordination and navigating through competitive funding processes. MidPen has deep experience with the California 9% tax credit program. Since 2020, MidPen has successfully financed 18 projects, including nine projects that were awarded 9% tax credits.
MidPen would seek to compete for 9% tax credits for each housing parcel as separate projects, under different rounds, due to the limited amount of credits available in any particular round. The size of each project proposed here has been scaled to conform to the amount of tax credits available under the South and West Bay Geographic Region Allocation Limit. This optimal size is roughly 41 family homes, which fits well with the scale of the sites and optimal cost-effective building typology. It is important to note that the size of the geographical set-aside is variable from round to round (depending on prior round awards), and MidPen would be monitoring and structuring projects to best fit with the funding available. This incremental, scattered-site approach avoids the need for a very large lump sum amount of subsidy that would be required to move all sites forward concurrently.
Our team stays up to date on all funding regulations and changes, and works nimbly to constantly explore new and creative funding streams that efficiently leverage local, State, and Federal sources.
Innovation in financing is foundational to our approach and our success; we routinely evaluate and maintain eligibility for multiple financing paths to ensure our projects can proceed even if, or rather when, external circumstances change. Our team’s outstanding development track record during these past several years of extreme competition demonstrates our ability to get things done.
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PROJECT PROFORMA
Proposed Financing Approach: Palo Alto Sites
Given the scale and development capacity of the sites, MidPen’s approach is to structure the 100% affordable housing concept to be competitive for 9% tax credits. This scenario would minimize gap subsidy required. Due to the $2.5 million federal credit cap, which functions to limit the size of a feasible project, each proposed phase is sized at 41 family homes.
Low Income Housing Tax Credits
One of MidPen’s core areas of expertise is the ability to successfully compete for 9% and 4% Tax Credits, allocated by California Tax Credit Allocation Committee (CTCAC). Generally, and because 4% tax credits are now competitive due to shortage of state tax-exempt bonds that must be coupled with 4% tax credits, we prefer 9% tax credits since it raises more equity than 4% tax credits, and allows us to proceed with fewer soft sources. The drawback has been a severe limitation in project size, because of the $2.5 million federal credit cap and the limited geographical region allocation.
However, this project size constraint works in favor of Palo Alto because it aligns with the small sizes of the available sites.
With the downtown sites being in a High Resource Area, we are well-positioned to structure the project for either funding path. MidPen has a strong track record competing for both 9% and 4% credits. Since 2020, MidPen has financed 18 development projects: 9 of these projects utilized competitive 9% tax credits, 6 utilized 4% tax credits, and 3 took advantage of limited awards of California Housing Accelerator funds. 4 of these projects utilized AHP. MidPen has also financed one of the State’s first 9%/4% hybrid projects at Brooklyn Basin in Oakland, demonstrating our capability with complex funding approaches.
Beyond Tax Credits
In addition to 9% tax credit equity, which would efficiently finance over 60% of the total development cost, each project phase would be financed with a conventional permanent loan supported by rental income. The financing scenario below assumes the remaining project gap is financed with Federal Home Loan Bank Affordable Housing Program (AHP) funds, and local and state funding sources.
AHP funds are awarded annually through a competitive process to bank members who sponsor developer applications. In the past 5 years, MidPen has secured 9 AHP awards totaling $8.5MM.
MidPen has a 30-year track record with the AHP grant program and has secured nearly 50 awards since 1990. The scenario below assumes that the land is contributed to the projects, which helps with AHP scores.
In terms of State sources, MidPen has been at the forefront of structuring and accessing these competitive funding sources, with experience utilizing AHSC (Affordable Housing Sustainable Communities), IIG (Infill Infrastructure Grant), NPLH (No Place Like Home), VHHP (Veteran Housing and Homelessness Prevention), Joe Serna Jr. (Farmworker Housing Grant Program), and MHP (Multifamily Housing Program) in recent years. Because state funding regulations change every year, MidPen will collaborate with the City to target sources that best fit each phase at the time just prior to funding applications.
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The City contribution request is $100,000 per home. The proforma numbers reflect current assumptions on costs and financing terms and reflect our knowledge of local market dynamics. Total development cost for 41 family homes is estimated at $36.8 million, or just under $900,000 per home.
Embedded in this cost is the 0.5:1 parking cost; each phase will pay for 21 stalls in the parking garage (that would be dedicated to the housing development via an exclusive use easement). Cost per stall, which will depend on the garage design, is projected at $42,000 before overhead; this estimate is adjusted for inflation based on our most recent design-build garage at Kiku Crossing.
Preliminary Sources and Uses
ASSUMPTIONS
Units 41
Acres 0.33 ─ 0.5
Density 82+
Project Type
Affordability
Residential Parking
Parking Ratio
Stories
Family - 1-3 bedrooms
30-60% AMI
21 0.5
4 SOURCES
Sources Total Per Unit
Amortizing Perm Loan $3,830,093
$22,567,285
$600,000
$93,417
$550,422
$14,634
Tax Credit Investor Proceeds
AHP
State Funding
City Contribution
Total
$5,711,379
$4,100,000
$36,808,757
$139,302
$100,000
$897,775
USES
Uses Total Per Unit
$3,415Acquisition $140,001
Hard Cost $26,432,334
$1,894,500
$2,853,683
$108,301
$644,691
$46,207
$69,602
$2,641
Architecture and Engineering
Construction Financing
Permanent Financing
Legal $185,000 $4,512
Reserves $380,445 $9,279
Other Soft Cost
Developer Fee
Total
$2,614,493
$2,200,000
$36,808,757
$63,768
$53,659
$897,775
Please see more details in the attached proforma sheets.
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Financial Wherewithal
MidPen’s commitment to serving low-income residents is supported by our operational and financial strength. Our consolidated total assets are worth over $1.3 billion, representing over 100 properties serving low and very low-income residents. Additionally, MidPen maintains $72 million in unrestricted cash and liquid investments, which we deploy to further affordable housing goals, in part as bridge loans to assist our pipeline projects with land acquisition, pre-development activities, and accelerating draws waiting for reimbursements, when needed. MidPen’s team of more than 50 real estate professionals has the experience and real-time knowledge of financing sources for affordable rental housing. This strong financial position means that MidPen commands top pricing from our lenders and investors, further enhancing our ability to secure the resources needed for our projects at the most competitive prices. These assets provide us with significant resources to manage and maintain our current communities, support new development, and maintain a solid position in the event of economic uncertainty.