in Exhibit C , shall not exceed One Hundred Seventy -Eight Thousand Five Hundred Fifty-Nine Dollars ($178,559), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A . CITY may elect to, but is no t 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 S ection. Additional Services , if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4 . Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the 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 1 3 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among DocuSign Envelope ID: 3CB8071D-8F38-40C4-A77A-AE72FB775853 Item 5
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professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the DocuSign Envelope ID: 3CB8071D-8F38-40C4-A77A-AE72FB775853 Item 5
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parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontr act any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
Traffic Data Service
CONSULTANT shall be responsible for directing the work of any subcon tractors and for any compensation due to subcon tractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcon tractors. CONSULTANT shall change or add subcon tractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign as Peter Meyerhofer Email: [email protected] the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Ripon Bhatia, Office of Transportation Department, , 250 Hamilton Avenue Palo Alto, CA, zipcode: 94301, Telephone: (650) 329-2520. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the DocuSign Envelope ID: 3CB8071D-8F38-40C4-A77A-AE72FB775853 Item 5
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suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney ’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single o r partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in DocuSign Envelope ID: 3CB8071D-8F38-40C4-A77A-AE72FB775853 Item 5
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full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Ag reement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT w ill discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
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19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the Ci ty Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further c ovenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municip al Code and the DocuSign Envelope ID: 3CB8071D-8F38-40C4-A77A-AE72FB775853 Item 5
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Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include , first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting was te. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwi se approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
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otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal yea r in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code a nd California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply , as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its DocuSign Envelope ID: 3CB8071D-8F38-40C4-A77A-AE72FB775853 Item 5
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employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreeme nt and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, d irectly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requ irements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
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29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to t hird parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C24189371 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
KIMLEY-HORN AND ASSOCIATES,
INC.
Officer 1
By:
Name: Peter Meyerhofer
Title: Vice President
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.
Statement of Purpose:
The Consultant provides the professional services to the City of Palo Alto for implementing Quiet Zone(s) along the Caltrain Corridor in Palo Alto. In order to provide these services, the consultant shall gather all information and relevant factors that may be appropriate in determining the necessary modifications to meet any and all requirements for creating a quiet zone. The project includes the following three crossings:
• Churchill Avenue,
• Meadow Drive
• Charleston Road
Background Information:
The City has received concerns from residents about the volumes, frequency, duration, and time frame of train horns in Palo Alto. Therefore, City is considering establishing quiet zone at the railroad crossings along the Caltrain corridor.
The City of Palo Alto currently has four at-grade crossings along the Caltrain rail corridor and has a long-term plan to provide grade separations at these crossings. However, City is considering quiet zones for interim conditions. These crossings generally serve as major thorough ways. Brief description about these crossings are as follows:
Churchill Avenue: This crossing is in close proximity to Palo Alto High School and serves as a major school corridor. Churchill Avenue also servers as a connection to Stanford Center. The corridor is highly used by bicyclists and serves a major pedestrian and bicycle use. In addition, City is also currently in process of implementing safety improvements at this crossing that include pre-signal and provisions for bicycle and pedestrian crossings along Churchill Avenue.
Meadow Drive: This crossing also serves elementary, middle and high schools in the corridor. In addition, the City’s recreation center such as Mitchell Park and Magical DocuSign Envelope ID: 3CB8071D-8F38-40C4-A77A-AE72FB775853 Item 5
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Playground are in the vicinity. The intersection is also used by pedestrians and bicyclists and a marked bike lane runs through the crossing.
Charleston Road: Charleston Road corridor runs from Mountain View to the east serving the residential and school areas and connects to employment areas serving Tesla, VMWare and major employ runs through the This crossing also serves Gunn High Schools in the corridor. In addition, the City’s recreation center such as Mitchell Park and Magical Playground in the aera. The intersection is also used by pedestrians and bicyclists and a marked bike lane runs through the crossing.
The focus of this project will be on the three at-grade crossings within the City boundary of Palo Alto. This project will perform the study and identify improvements required to implement quiet zone in accordance with CPUC And FRA requirements.
There is currently no existing railroad quiet zone within the City of Palo Alto. Without a quiet zone, the Federal Railroad Administration (FRA) requires all passenger and freight train to activate their horns four times: 2 long blasts, 1 short blast, then 1 long blast beginning ¼ mile before each crossing. The purpose of these blasts is to warn vehicles approaching the crossings.
Scope of Work:
The project scope of work is anticipated to include the following tasks for the four Palo Alto Avenue crossings. Proposers should provide a recommended scope of work that addresses these requirements, while focusing on achieving the objective of implementing a quiet zone in Palo Alto Avenue
7. Kick-off meeting and Final Scope/Schedule: The consultant will meet with the City Project Manager and key staff to discuss and finalize the scope and schedule and agree on communications protocols and recurring meeting schedule. A project meeting shall be conducted at least every two weeks. The consultant will submit a final scope and schedule to the City’s project manager for approval prior to proceeding with Task 2. The consultant will prepare monthly progress reports on the status of scope, schedule, and budget.
2. Document Review, Data Collection, Field Survey, and Coordination: This task will include the following sub-tasks:
• Conduct site visit and review existing conditions.
• Review FRA policies and requirements.
• Participate in up to three coordination meetings with the City, Caltrain, and other stakeholders.
• Conduct diagnostic meetings as required by FRA and CPUC requirements for quiet zone evaluation and recommendation.
• Prepare a technical memo summarizing the opportunities and constraints identified through this task.
3. Quiet Zone Analysis:
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• Calculate Quiet Zone Risk Index (QZRI) for the proposed quiet zone without improvements (existing conditions).
• Compare the existing conditions QZRI to the Nationwide Significant Risk Threshold (NSRT) and Risk Index with Horns (RIWH)
• Determine the applicability of each supplemental safety measure (SSM) and each alternative safety measure (ASM) to each crossing • Provide a measurement of Quiet Zone Risk Index (QZRI) for each crossing based on implementation of applicable ASMs.
• Based on this analysis, develop a small set of alternatives (up to 3) for implementing a quiet zone in Menlo Park, including identifying tradeoffs and costs across potential safety measures at intersections. • Conduct diagnostic meetings as required by FRA and CPUC requirements for quiet zone evaluation and recommendation.
• Complete the required safety analysis.
4. Conceptual Plans and Cost Estimates: Develop Conceptual plans and cost estimates based on the Quiet Zone Analysis and revise as necessary to incorporate input and feedback from CPUC, FRA, Railroad, various City Committees and Commissions, community and other stakeholders. These conceptual plans shall be refined and finalized for recommendation to City Council for their approval.
5. Draft and Final Implementation Report: The consultant will prepare a draft Implementation Plan incorporating all the previous tasks and submit to the City staff for review. The report will document and summarize the findings related to the implementation of a quiet zone in the City of Palo Alto. The report will include proposed options and a recommendation for implementing a quiet zone, including the estimated cost of each option and the specific improvements and costs at each crossing. Based on feedback from the community and the City, the consultant will update the draft Report into a Final Report.
6. Outreach and coordination. This project will include ongoing coordination with the City’s elected and appointed bodies and the public. Subtasks include:
• Develop an outreach plan that identifies the appropriate opportunities during the development of the work to meet with publicly elected bodies, commissions, and the public.
• Summarize the quiet zone analysis and present findings to the Planning and Transportation Committee, PABAC, Rail Committee, and City Council • Support up to four formal presentations to the Rail Committee and the City Council.
• Conduct public outreach meetings (at least three meetings) as identified in the outreach plan.
Deliverables
The following deliverables will be required for this RFP:
1. Final Scope and Schedule, including public outreach plan DocuSign Envelope ID: 3CB8071D-8F38-40C4-A77A-AE72FB775853 Item 5
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2. Opportunities and Constraints Technical Memo
3. Summary of quiet zone analysis
4. Conceptual Plans and Cost Estimates
5. Draft Implementation Plan
6. Final Implementation Plan
7. Presentations to the community, various Committees, and City Council
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) ▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones
Completion
Number of Days/Weeks (as specified below)
from NTP
1. Data Collection and Field Surveys 8 Weeks (Expected by end of May 2024)
2. Layout of initial Conceptual Plans 16 Weeks (Expected by end of July 2024)
3. Quiet Zone Analysis 20 Weeks (Expected by end of August 2024)
4. Field Diagnostic Meetings 26 Weeks (Expected by mid of October 2024)
5. Outreach and Coordination 36 Weeks (Expected by end of December 2024)
6. Final Conceptual Plans 40 Weeks (Expected by end of January 2025)
7. City Council Approval of the Conceptual
plans
48 Weeks (Expected by end of March 2025)
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services , any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO EXCEED
AMOUNT
Task 1
(Project Management)
$24,559.00
Task 2
(Data Collection and Field Surveys)
$10,824.00
Task 3
(Quiet Zone Analysis (CPUC & FRA Concurrence)
$20,644.00
Task 4
(Conceptual Plans and Cost Estimates)
$39,063.33
Task 5
(Implementation Plan)
$24,047.00
Task 6
(Outreach and Coordination)
$36,224.00
Sub-total for Services $155,359
Reimbursable Expenses (if any) $7,000.00
Total for Services and Reimbursable Expenses $162,359.00 Additional Services (if any, per Section 4) $16,200
Maximum Total Compensation $178,559
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and DocuSign Envelope ID: 3CB8071D-8F38-40C4-A77A-AE72FB775853 Item 5
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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: $1,000 for mileage/travel and indirect costs of $6,000 for traffic counts for the total not-to-exceed amount of: $7,000.00.
A. Travel outside the San Francisco Bay Area, including transportation and meals , if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Sr. Professional II $340 - $390
Sr. Professional I $280 - $300
Professional $240 - $260
Analyst III $220 - $240
Analyst II $190 - $220
Analyst I $170 - $190
Support Staff $170 – $190
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILIT Y OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
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Certificate Of Completion
Envelope Id: 3CB8071D8F3840C4A77AAE72FB775853
Status: Completed
Subject: Complete with DocuSign: C24189371 Quiet Zone Study pdf Source Envelope:
Document Pages: 24
Signatures: 1
Envelope Originator:
Certificate Pages: 2
Initials: 0
Alice Harrison
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 199.33.32.254
Record Tracking
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2/1/2024 9:34:44 AM
Holder: Alice Harrison
[email protected]
Location: DocuSign
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Peter Meyerhofer
[email protected]
Vice President
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Ripon Bhatia
[email protected]
Senior Engineer
City of Palo Alto
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City Council
Staff Report
Report Type: ACTION ITEMS
Lead Department: Community Services
Meeting Date: March 4, 2024
Report #:2402-2669
TITLE
Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA status - not a project.
RECOMMENDATION
The Parks and Recreation Commission and staff recommend that the City Council adopt a Park Dedication Ordinance (Attachment A) for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park.”
BACKGROUND
This item was previously on the January 22, 2024 City Council Agenda as a consent item. The item was pulled by three Councilmembers (Burt, Lythcott-Haims, and Veenker) and is now brought forward as an Action Item.
The Parks and Recreation Commission (PRC) 2023-2024 Work Plan1, approved by the City Council, includes a goal of conducting a broad review and assessment of potential sites within Palo Alto to recommend dedicating as parkland. A Park Dedication Ordinance reserves the land for park, recreation, or conservation purposes. Article VIII of the City Charter states: “All lands owned or controlled by the city which are or will be used for park, playground, recreation or conservation purposes shall be dedicated for such purposes by ordinance.” Additionally, the Charter states that all dedicated parklands shall be listed, with their legal description and map, in Section 22 of the Municipal Code. The proposed site is currently functioning as a park; however, the land is currently not designated as parkland. Historically, the City Council considered selling the property in 1992 but rejected three proposals to purchase the property because they did not preserve the Tower. In February 1996 the City Council discussed proposed concepts for use of the Tower Well site, and as a result of that discussion, in June 1996 a Request for Proposal (RFP) for an option to purchase the Tower Well site was released. In February 1997 there was a recommendation from 1 Parks and Recreation Commission 2023-2024 Workplan,
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staff to accept a proposal from Thomas and Kathleen Taylor for an option to purchase the Tower Well site for $100,000. There was a sizable amount of public comment and discussion, and a motion was made to continue the discussion to a later meeting. Ultimately, the City Council rejected the four proposals in a 4-5 split vote. In April 1999 the City Council approved an offer to perform a structural analysis of the Tower Well. With the integrity of the Tower passing, in 2000 the City Council decided to preserve the site and honor the historic Tower Well and transition the function of the site to a park and plaza.
ANALYSIS
On October 24, 2023, the PRC discussed dedicating the Tower Well site as parkland. The Commission was supportive of the PRC Park Dedication Ad Hoc Committee (Ad Hoc) and staff’s recommendation to dedicate the site. Commissioners asked what costs would be associated with dedicating the site as parkland. Staff explained that the only near-term cost would be adding a park sign, which would cost approximately $2,500. The site has several existing park amenities:
a decomposed granite pathway, six interpretive signs, two park benches, and landscaping.
Commissioners also asked about the existing cost of the maintenance for the site. The Tower Well site is maintained as part of a contract managed by the Community Services Department.
The annual cost for the maintenance of the site (landscaping, trash and litter collection, and general maintenance) is approximately $7,000 per year. On October 27, 2023, the Ad Hoc and staff consulted with Darla Secor, Historian with the Palo Alto Historical Association (PAHA), to seek a name recommendation for the potential park at the Tower Well site. The City’s Naming Policy (Attachment B) establishes criteria which guides the PAHA and the appropriate City Commission or Committee in recommending names to the Council for approval. The PAHA Board, noting the significant historic landmark on the property, recommends the name “Tower Well Park” (Attachment C). The PAHA Board explained in their November 8, 2023, letter to City Council, “When constructed in 1910, the water tower was the first major visible infrastructure of the City’s utilities and is a symbol of the City’s successful beginnings and forward-thinking leaders.
The PAHA Board agrees that ‘Tower Well Park’ reflects the historic significance of this site.” On November 28, 2023, the PRC voted unanimously2 (7-0) to approve the recommendation that the City Council adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park.”
FISCAL/RESOURCE IMPACT
The Community Services Department’s existing operating budget will absorb the $2,500 expense for adding a park sign at the site. The annual cost for the maintenance of site (landscaping, trash and litter collection, and general maintenance) is approximately $7,000 per year and is already included in the CSD Operating Budget. At the PRC’s November 28, 2023 meeting there was 2 Parks and Recreation Commission, November 28, 2023; Agenda Item #3; Minutes, www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/parks-and- recreationcommission/agendas-minutes/2023-agendas-and-minutes/11-nov/prc-draft-minutes-11.28.23.pdf Item 6
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discussion about refreshing the landscaping, including adding a meditative space or Zen Garden.
While there are currently no plans for park improvements, staff will consider the recommendations of the PRC and other community partners. Future improvements would either be absorbed by the Department’s existing operating or capital budget, or funds would be requested through the annual budget process.
STAKEHOLDER ENGAGEMENT
Prior to the PRC November 28, 2023, meeting, a Tower Well Park Dedication Fact Sheet was posted at the site and on the PRC website. There were no public comments on this item at the PRC meeting. A public notice was mailed directly to 255 resident parcels within 500 ft of the 201 Alma Street site on December 19, 2023, advising of the proposed dedication ordinance. Staff reached out to the Utilities, Planning, and Public Works Departments to ensure that dedication of this site would not conflict with future planned projects. No conflicts were identified.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because Adopt a Park Dedication Ordinance for the Tower Well site is an administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: Park Dedication Ordinance for Tower Well Site at 201 Alma Street Attachment B: Policy Naming City Owned Land or Facilities Attachment C: Letter from the Palo Alto Historical Association with Park Name Recommendation
Attachment D: Item Public Comment from 1/22/24
APPROVED BY:
Kristen O'Kane
Item 6
Item 6 Staff Report
Item 6: Staff Report
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NOT YET ADOPTED
1 100_20231113_ts24
ORDINANCE NO.
Ordinance of the Council of the City of Palo Alto Dedicating the Area to Become the Tower Well Park
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Improvements. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and section 22.08.00 4 of the Palo Alto Municipal Code specify that land intended to be used for park purposes can be dedicated for such use by ordinance.
(b) The Tower Well Park site (“site”) is defined as the area described in Exhibit A-31 to this ordinance. Generally, the site is at the corner of Alma Street and Hawthorne Avenue, and contains a water tower constructed in 1910. The Palo Alto Historical Association remarks that “[w]hen constructed in 1910, the water tower was the first major visible infrastructure of the City’s utilities and is a symbol of the City’s successful beginnings and forward thinking leaders.”
(c) The City intends to dedicate the Tower Well Park as parkland through this ordinance.
SECTION 2 . The City Council hereby dedicates the site pursuant to Article VIII of the Charter of the City of Palo Alto and section 22.08.004 of the Palo Alto Municipal Code.
SECTION 3. Section 22.08. 440 is hereby added to Chapter 22.08 (Park dedications) to read as follows:
22.08.440 Tower Well Park
That certain parcel of land known as the Tower Well Park, as delineated and described in Exhibit A-31, is hereby reserved for park, playground, recreation or conservation purposes.
SECTION 4. Exhibit A-31 of this ordinance shall be codified as Exhibit A -31 to the Exhibits of Title 22.
SECTION 5. The City Council finds that this ordinance is not a project within the meaning of CEQA.
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Item 6
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 6: Staff Report
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NOT YET ADOPTED
2 100_20231113_ts24
SECTION 6. This ordinance shall be effective on the thirty -first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Community Services
Item 6
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 6: Staff Report
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A.P.NO. 120-25-060 APRIL 15, 1996
REQUESTED BY: JANET FREELAND
APPROVED BY: JAMES D. KIEHL ,~.K.
CREATED BY: JAMES T. BOURQUIN -’-’~
CHECKED BY: JAY E. REMLEY, SR. ffZ"
LEGAL DESCRIPTION
PARCEL 1
All that real property situated in the City of Palo Alto, County of Santa Clara, State of California ¯ described as follows.
Being a portion of Lot 1, Block 2, as shown upon that certain map of the re-subdivision of Block 2, recorded on September 6, 1902 in Volume F-3 of Maps, Page 4, said re-subdivision being a portion of that certain map entitled "UNIVERSITY PARK", recorded on February 27, 1889 in Book D of Maps, Page 69;
Beginning at the intersection of the northeasterly line of Alma Street with the southeasterly line of Hawthorne Avenue;
THENCE, northeasterly 112.50 feet along.the southeasterly line of Hawthorne Avenue; THENCE, southeasterly 75.00 feet and parallel with Alma Street; THENCE, southwesterly 112.50 feet and parallel with Hawthorne Avenue; THENCE, northwesterly 75.00 feet along the northeasterly line of Alma Street to the POINT
OF BEGINNING,
Said Parcel 1 contains 8,437.50 square feet more or~ less, Said Parcel 1 is shown on attached map Exhibit "B" .and made a part hereof, LEGAL: 12025060.wpd
PLAT: 12025060.DWG
End of Legal Description
Exhibit "A"
EXHIBIT A ( 1 of 2)
(to Deed)
Exhibit A-31
Item 6
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 6: Staff Report
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35’
I,ii,I
Z
HAWTHORNE AVENUE
-- P.D.B. PARCEL
=:-XHIBTT_
35’
IIBSO¯
PARCEL
A.P.No, ]80-85-060
DRAWN BY: J. KIEHL
CHECKED BY: J. BI:]URQUIN..~rB
CHECKED BY: J. REMLEY/#’~:
LEGAL F]LENAME: 18085060
DRAWING F]LENAME: 12025060
112.50’
s°°& A,P.No ,
77.13’
PARCEL 1
WELL SITE
UNIVERSITY PARK
A.P,No.
CITY OF PALD ALTO, CALIFORNIA
EXHIBIT A (2 of 2)
35.37"
d
Z
O_
<£
180-85-053
SCALE: l" =
P.L.S. 7158
APPROVED:
REVISION: (4) 4/18/96
Item 6
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 6: Staff Report
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POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
NAMING CITY-OWNED LAND AND FACILITIES
POLICY STATEMENT
The purpose of this policy is to ensure that City-owned land and facilities, when named for individuals, are persons who have made significant c ontributions or performed services deemed to have been of major importance to the community.
This policy establishes uniform pr ocedures for the naming of City-o wned land and facilities as set forth by Council Resolution No. 6211, approved on December 12, 1983, and revised by Council on April 12, 2004. The policy is applicable to new and ex isting City-owned land and facilities.
The policy provides a mechanism for citizens to suggest names which they believe should be considered for new City facilities or land acquisitions and for the renaming of existing facilities and lands. The policy also establishes criteria which will guide the Historical Association and the appropriate City Commission or Committee in recommending names to the Council for approval.
Naming and renaming City-owned land and facili ties shall be the respons ibility of the City Council. However, places within City-owned land or facilities, such as a room or patio within a building or a trail or athletic field within a park, which do not require formal dedication by the City Council, may be named by the City Manager or his/her designee, subj ect to final approval by the City Council via the consent calendar.
This process does not apply to the naming of streets which will continue to be processed through the Planning and Community Environment Depart ment (Policy and Proc edure 1-16: Naming of City Streets). The naming of a street may be c onsidered an appropriate alternative means of honoring an individual.
The City Council has determined that significant individual, family or foundation contributions to the construction/renovation of City facilities can be reco gnized through the naming of said facilities after these groups. This document ou tlines the procedure to be followed when a fund- raising group or board, with th e approval of the City Council , embarks upon a capital campaign for the purpose of securing private funds for th e acquisition of land, ren ovation/expansion of an existing building, or the construction of a new fa cility, and wishes to offer naming opportunities in recognition of significant donati ons of money or land. The City Council has determined that significant contributions from co rporations or corporate foundati ons to capital campaigns will not be accepted in exchange for the ability to name entire facilities in recognition of these corporate entities. However, the City Counc il has agreed to allow naming recognition of corporate or commercial entities in facility interiors or on sub-facilities as described in this policy.
Business logos associated with any benefactor seeking naming rights shall not be allowed on any City owned land, facility, building or sub-facility under this policy.
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Attachment B - Policy
Naming City Owned Land
or Facilities
Item 6: Staff Report
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POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
The City may remove any business name from a City facility or property if the business declares bankruptcy and goes out of business. The City may remove any indivi dual name from a City facility or property if the person is convicted of a fel ony or other crime of mo ral turpitude. If a name is removed under this provision, the City shall not be required to return the donation.
SECTION 1: PROCEDURE FOR NAMING NEW FACILITIES OR CITY-OWNED LANDS
In cases involving a major capital fundraising camp aign, there will be a separate and different procedure from the one outlined below. Section 3 below on “Naming Recognition for Capital Campaigns” further outlines this process.
A. Responsibility of the Project Manager
Implementation of this policy is the responsibility of the departme nt in which the project to be named is managed. In the instance of a new City-owned land or facility, the project manager should incorporate the process for naming in to the project schedule so the naming is accomplished in a timely manner.
1. Requests concerning a name to be given to the City-owned land or facility shall be made in writing on an approved suggestion form to the City Clerk.
a. The project manager should alert the City Clerk when to expect the submission of names and the anticipated time frame for the naming process.
b. The project manager may submit suggested names on an approved suggestion form on behalf of staff or citizens who have been involved in the project development.
c. In some instances, it may be appropria te to actively solicit suggestions and, in those cases, the project manager should sp ecify a time frame for submissions and method of notification.
d. All submittals, whether from an indivi dual or an organization, must include the name and address of the submitter. No anonymous submittals will be accepted.
e. All suggestions will be given the same consideration without regard to the nomination source.
2. The project manager is responsible for c onveying the name suggestion forms from the City Clerk to the Palo Alto Historical A ssociation and presenting the recommendations from the Historical Association to the appropriate commission or committee whose sphere of influence is most closely associated with the facility in question. The Parks and Recreation Commission shall revi ew name suggestions for acqui red land to be dedicated as a park, recreational facilities, community centers and interpretive centers. The Library Item 6
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Naming City Owned Land
or Facilities
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Revised: April 2008
Advisory Commission shall review name sugges tions for library facilities. The Public Art Commission shall review name suggestions for art facilities. The Policy and Services Committee shall review name suggestions for poli ce, fire or utility facilities as well as major civic complexes.
a. The Historical Association may also originate suggestions for names or provide suggestions for appropriate alternatives as part of its recommendations.
b. The project manager shall assure that adequate time is allowed for the Historical Association and the appropria te commission or committee to evaluate the recommended names.
c. The Historical Association shall dete rmine if the suggested names meet the criteria of appropriate significance, and shall submit the recommendations to the appropriate commission or committee toge ther with the rationale for the recommendations. The response from the Historical Association shall acknowledge all the names that are submitted, but recommend only those which it feels meet the criteria and warrant serious consideration.
B. Responsibility of the Reviewing Commission Or Committee
1. The commission or committee shall conduc t a public hearing, confirm that the recommended names meet the criteria of appropriate significance, select recommendation(s) provided by the Histor ical Association, and shall forward its recommendation to the City Council. The re port from the commission or committee shall acknowledge all of the recommended names t ogether with their evaluation, but present only the name(s) which it feels best meets the criteria and merits serious consideration by the City Council.
2. Once approved, a transmittal and resolution will be prepared by staff for consideration and approval by the City Council. The transm ittal shall include a narrative of historic reference prepared by the Palo Alto Histor ical Association for the name, a copy of the name suggestion form, and minutes of the Commission meeting when the recommendation was discussed.
C. Criteria
The following criteria shall be used in selecting an appropriate name for City-owned land and facilities.
1. The name should, if possible, have or pres erve the geographic, environmental (relating to natural or physical feat ures), historic or landmar k connotation of particular significance to the area in which the land or facil ity is located, or for the City as a whole.
Either connotation is equally valid.
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Naming City Owned Land
or Facilities
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Revised: April 2008
2. Acknowledgement of contributions: Consider ation may be given to naming the City- owned land or facility after an individual when the land or facility, or the money for its purchase, has been donated by the individua l, or when otherwise warranted by some contribution or service which is deemed to be of major and lasting significance to the acquisition of that piece of land, or planning, development, construction or renovation of that particular facility. Donation of land or resources sha ll not constitute an obligation by the City to name the land or facility or any portion thereof, after an individual, family, or individual/family foundation. City -owned lands, parks, or entir e facilities shall not be named for benefactor organizations, groups or businesses, but in sp ecial cases, may be considered for sub-facilities such as room s or playgrounds. In cases involving a major capital fundraising campaign, see Section 3 below – Naming Recognition for Capital Campaigns.
3. Names honoring individuals or families, ot her than those of recognized historic importance, must be supported by compelling reasons.
4. In the event the City-owned land or facility was formerly school property or had other ownership such that the name of the school, building or site has community significance or community recognition, consideration may be given to preserving that name.
5. The City encourages naming which reflects the City’s ethnic and cultural diversity.
6. No City-owned land or facility shall be named after a seated elected or appointed official.
7. No City-owned land or facility shall be na med after a person whose contribution to the City of Palo Alto was or is a part of that individual’s normal duties as an employee of the City. An exception may be made for former such employees who have contributed volunteer services of an exceptional nature beyond their normal duties.
8. When naming sub-facilities or interior spaces, such as rooms or playgrounds, after corporate or commercial entities or foundations , these entities must abide by the City’s anti-discrimination policy.
D. Council Action
1. The recommendations received from the Histor ical Association and the commission or committee shall be placed on the Council agenda for final approval.
2. Action by the Council shall be by Council Resolution.
E. Follow-up to Selection of the Name
1. The above-described process for selectin g an appropriate name should precede the preparation of a park dedication ordinance.
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2. Subsequent to approval by the City Counc il, the name for the City-owned land or facility shall be conveyed to the Department of Public Works for in corporation in City official maps and plans, and to the Palo Alto Historical Association for its records.
F. Naming Places Within City-owned Land or Facilities
In the case of places within City-owned land or facilities, where the policy does not require a Council resolution, responsibility for requesting C ouncil approval of the new name shall reside with the department head who manages the land or facility.
Ideally, the naming of features w ithin a park and specific trails or facilities within open space lands will occur during the master plan or site plan process.
Names within parks should be appropriate to th e park by reflecting the expression of the place (topography, geology, natural features), flora and fauna, or history of the area.
In advance of the naming, the department head shall send a memorandum to the City Manager advising of the proposed action and requesting approval. The City Manager will then seek approval of the name from the City Council via the consent calendar.
SECTION 2: PROCEDURE FOR RENAMING EXISTING FACILITIES OR CITY-
OWNED LANDS
Existing place names are deemed to have historic recognition. City policy is not to change the name of any existing facilities or City-owned land, particularly one whose name has City or regional significance, unless there are compelli ng reasons to do so. Further, the City will consider renaming to commemorate a person or persons only when the person or persons have made major, overriding contributions to the City and whose distinctions are as yet unrecognized.
A. Renaming Suggestions
1. All requests concerning a new name to be given to the City-owned land or facility shall be made in writing on an approved suggestion form to the City Cl erk. The suggestion must detail how the proposed na me change is consistent with the criteria, the purpose of the name change, and how the new name is directly associated with the land or facility.
2. All submittals, whether from an individual, organization or City staff, must include the name and address or the submitter. No anonymous submittals will be accepted.
3. The City Council shall initiate the renami ng process by referral of the public or staff request to the commission or committee whos e sphere of influence is most closely associated with the facility in question. Council can also initiate the renaming of lands or a facility without a public request whenever de emed necessary or in the best interest of the City of Palo Alto, following established criteria. Once the referral is made by the City Item 6
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Naming City Owned Land
or Facilities
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Revised: April 2008
Council to a specific commission or committee, the commission or committee will await comment and evaluation of the new name from the Palo Alto Historical Association.
B. Responsibility of the Project Manager
1. The City Clerk is responsible for conveying the name suggestion form(s) received by the deadline to the Project Manager, who will be responsible for fo rwarding to the Palo Alto Historical Association and then tran smitting the recommendation(s) from the Palo Alto Historical Association to the appropr iate commission or committee as outlined in Section A above.
2. The recognized neighborhood associa tion in the vicinity of the land or facility will be notified of the proposed name change at the time the reviewing commission or committee receives the report from the Historical Association.
C. Responsibility of the Reviewing Commission Or Committee
1. The commission or committee shall conduc t a public hearing, confirm that the suggested name(s) meet the criteria of appropriate significance, select recommendation(s) from the names provided by the Historic al Association, and shall forward its recommendation to the City Council. The re port from the commission or committee shall acknowledge any recommended names together with its evaluation, but present only the name or names which it feels best meets the criteria and merits se rious consideration by the Council.
2. Once approved, a transmittal and resolution will be prepared by staff for consideration and approval by the City Council. The transm ittal shall include a narrative of historic reference for the name or names, together with a copy of the name suggestion form.
D. Criteria
Each application for renaming a city park or faci lity must meet the criteria in this policy, but meeting all criteria does not ensure renaming.
City-owned lands and facilities may be rena med for an individual(s) under the following conditions. Where the individual:
1. Has made lasting and signifi cant contributions to the prot ection of natural or cultural resources of the City of Palo Alto, or
2. Has made substantial contri butions to the betterment of a specific facility or park, consistent with the established standards for the facility, or
3. Has made substantial contributions to the advancement of commensurate types of recreational opportunities within the City of Palo Alto.
Item 6
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Naming City Owned Land
or Facilities
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Revised: April 2008
E. Council Action
1. The recommendations received from the Palo Alto Historical Association and commission or committee shall be submitted for Council approval.
2. Action by the Council shall be by Council Resolution.
F. Follow-up to Selection of Name
1. Subsequent to approval by the City Council, the new name for the City-owned land or facility shall be conveyed to the Department of Public Works for in corporation in City official maps and plans, and to the Palo Alto Historical Association for its records.
NOTE: Questions and/or clarification of this po licy should be directed to the City Manager's Office.
SECTION 3: PROCEDURE FOR OFFE RING NAMING RECOGNITION FOR
SIGNIFICANT DONATIONS TO CAPITAL FUNDRAISING CAMPAIGNS
This section applies to any organized fundraisi ng initiated by the City, a Board/Commission or other group whose sole purpose is to support City pr ograms and operations in support of the renovation/expansion of an existing building, the c onstruction of a new fac ility, the acquisition of a building/land, or the furnishings, fixtures and equipment in said facilities.
A. Responsibility of the staff liaison to th e Board, Commission, Task Force or group conducting the Capital Campaign
Implementation of this policy is the responsib ility of department in which the project to be acquired/constructed/re novated is managed. A staff liaison appointed to work with the board/committee will guide them through the process and manage appropriate contacts with other departme nts as necessary during the acquisition, design and construction process. This will ensure that appropriate information and materials are provided to the group and that opportunities and exp ectations are clear, understandable, and feasible within the framework of the project.
B. When a Capital Campaign is initiated by the City, a Commission or other group whose sole purpose is to support City programs and operations, accommodations to the procedures outlined in Sections 1 and 2 shall be made as follows:
a. The organizing body may meet and discuss preliminary plans with the City’s liaison, Department Head and the City Attorn ey’s office in order to facilitate any “silent” fundraising period.
b. The organizing body shall request author ization from the City Council for a Naming Recognition Plan in support of a specific project. They shall provide the following information in their request:
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i. Name of the organizing body;
ii. Purpose of the campaign;
iii. Monetary goal of the campaign;
iv. Expected term of the campaign;
v. Plan for naming recognition includi ng a schedule of naming opportunities and associated gift levels
vi. Maintenance/replacement of naming recognition items – City staff shall work with the organizing body to ensure that the plan includes acknowledgement of the maintenance re sponsibilities associated with any naming recognition items within the facility.
c. Once the Naming Recognition Schedule has been approved by the City Council, the fund-raising body shall have the authority to proc eed with making commitments for naming opportunities with potential donors subject to final Council review.
d. The naming of a facility or sub-facility will not occur until the pledged donation is received.
e. Consistent with the Gifts to the City policy, all gifts paid directly to the City shall be duly reported to the Administrative Services Department (ASD) Director and recognized appropriately in accordance with that policy (Policies and Procedures 1-18). If a donation was given anonym ously, the donor’s identity shall be protected to the extent possible.
f. Under this procedure, the organizing body mu st present a final report to the City Council for approval, detailing the f unds received and any naming opportunities granted, along with a timeline for the completion of the recognition. The group may also come to the Council at a ny time during the capital campaign for approval of one or more naming recogniti on items. All naming recognition must be adopted by resolution of the City C ouncil. The City Manager or designee can also request that any dona tions and associated naming recognitions be brought to the City Council at an earlier point in the capital campaign for approval.
C. The one exception to this procedure shall be for the naming of an entire building as recognition for a significant monetary or la nd contribution. If a fund-raising group secures a donation significant enough to warrant naming the entire facility in recognition of that individual, family or f oundation, this should be presented directly to the City Council for approval separately an d as soon as possible after this type of donation is secured. As part of this approval process, the Council may solicit input from the Palo Alto Historical Associat ion or the appropriate board/commission.
Consistent with the policy statement, the C ity will not recognize significant corporate donations by naming an entire facility in honor of these entities.
D. In cases of major building reconfigurations or disasters that destroy or damage portions of the building, the City reserves the right to remove and not replace naming recognitions. However, the City will consid er the original donation intent in these instances and make accommodations as feasible.
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Attachment B - Policy
Naming City Owned Land
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Revised: April 2008
APPLICATION FOR NAMING OR RENAMING
CITY-OWNED LANDS OR FACILITIES
Naming objectives:
1. Ensure that parks, recreational a reas and facilities are easily identified and located.
2. Ensure that names designated for parks, recreational areas and facilities are consistent with the values and char acter of the area or neighborhood served.
3. Encourage public participation in the naming, renaming and dedication of parks, recreation areas and facilities.
4. Encourage the donation of land, fu nds for land acquisition or development by individuals and groups.
Criteria for naming new facilities or parks:
The following criteria shall be used in selecting an appropriate name for City-owned land and facilities.
1. The name shall have or preserve the geographic, environmental (relating to natural or physical features), historic or landmark connotation of partic ular significance to the area in which the land or facility is located, or for the City as a whole. Either connotation is equally valid.
2. Consideration may be given to naming the City-owned land or facility after an individual when the land or facility, or the money for its purchase, has been donated by the individual, or when otherwise warranted by some contribution or service which is de emed to be of major and lasting significance to the acquisition of that piece of land, or planning, developm ent, construction or renova tion of that particular facility. Donation of land or resources shall not constitute an obligation by the City to name the land or facility or any portion thereof, after an individual or family. City-owned lands or parks shall not be named for benefactor organizations, groups or businesses, but in special cases, may be considered for sub- facilities such as rooms or playgrounds.
3. Names honoring individuals or families, other than those of recognized historic importance, must be supported by compelling reasons.
4. In the event the City-owned land or facility was formerly school property or had other ownership such that the name of the school, building or site h as community significance or community recognition, consideration may be given to preserving that name.
5. The City encourages naming which reflects the City’s ethnic and cultural diversity.
6. No City-owned land or facility shall be named after a seated elected or appointed official.
7. No City-owned land or facility shall be named af ter a person whose contribution to the City of Palo Alto was or is a part of that individual’s normal duties as an employee of the City. An exception may be made for former such employees who have contribut ed volunteer services of an exceptional nature beyond their normal duties.
8. When naming sub-facilities, such as rooms or playgrounds, after co rporate or commercial entities or foundations, these entities must abide by the City’s anti-discrimination policy.
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Criteria for renaming existing facilities of parks:
Each application for renaming a city park or facility must meet the criteria listed above, but meeting all criteria does not ensure renaming.
Existing place names are deemed to have historic recogn ition. City policy is not to change the name of any existing facilities or City-owned land, particularly one whose name has City or regional significance, unless there are compelling reasons to do so. Further, the City will consider renaming to commemorate a person or persons only when the pers on or persons have made major, ove rriding contributions to the City and whose distinctions are as yet unrecognized.
City-owned lands and facilities may be renamed fo r an individual(s) under the following conditions.
Where the individual:
1. Has made lasting and significant contributions to the protection of natural or cultural resources of the City of Palo Alto, or
2. Has made substantial contributions to the betterment of a specific fac ility or park, consistent with the established standards for the facility, or
3. Has made substantial contributions to the adva ncement of commensurate types of recreational opportunities within the City of Palo Alto.
Suggestions for naming or renaming City-owned lands or facilities shall be evaluated on the basis of the above criteria and upon appropriate documentation.
Person making the name suggestion (required):
Address (required):_____________________________________________________________
Contact phone number (required):_________________________________________________
E-mail (not required):___________________________________________________________
Location of site or facility to be named:_____________________________________________
Suggested name (required):_______________________________________________________
Biographical information: (Explain) ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Civic involvement: (Explain) ______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Item 6
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______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Connection to the facility: (Please explain in depth) ____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Reason for Nomination (required): _________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Additional Comments (additional information may be attached): _________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Date Received by the City Clerk: ____________________________________ Submitted to Palo Alto Historical Association: _________________________ Date scheduled for review by commission: ____________________________ Item 6
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November 8, 2023
P a lo Alto City Co unc il
250 Hamilton A venue
P a lo Alto , C A 9 4 3 0 1
Dear Members of the Ci ty Counci l ,
Fo llo wing the City’s Na m ing P o lic y, the P a lo Alto His to ric a l As s o c ia tio n ha s b e e n requested to recommend a name f or the new park at the corner of A l ma Street and Hawthorne A venue. Gi ven the si gni f i cant hi stori c l andmark on the property, we recommend “T ower Wel l Park.” When constructed i n 1910, the water tower was the firs t m a jo r vis ib le infra s truc ture o f the City’s utilitie s , a nd is a s ym b o l o f the City’s successf ul begi nni ngs and f orward thi nki ng l eaders. T he PA HA board agrees that “T ower Wel l Park” ref l ects the his to ric s ig nific a nc e o f this s ite .
Fo r the P a lo Alto His to ric a l As s o c ia tio n Bo a rd ,
Darl a Secor
His to ria n, P a lo Alto His to ric a l As s o c ia tio n
Item 6
Attachment C - Letter
from Palo Alto Historical
Association with Park
Name Recommendation
Item 6: Staff Report
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From: Miriam K. Freedman
To: Council, City
Subject: Parkland Dedication of Tower Well Site
Date: Sunday, January 21, 2024 2:14:39 PM
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Dear members of the City Council,
I'm writing to support that beautiful little park at the Water Tower on Alma Street. It's a gem. I walk past it often--as do many people--and I see people enjoying the seats amid the native-type plantings and the historic Water Tower.
It's a lovely spot for respite. I am glad that the City will continue to dedicate it for its current use by the citizens of Palo Alto.
Thank you for your efforts.
Miriam Freedman
Miriam Kurtzig Freedman, JD, MA
Author, Special Education 2.0 & many other books
617 510 0248 (cell)
[email protected]
http://schoollawpro.com
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: March 4, 2024
Report #:2402-2602
TITLE
Public Hearing: Second Reading Planned Community Ordinances for 2901 Middlefield Road and 702 Ellsworth Place. CEQA Status – Categorically Exempt
RECOMMENDATION
Staff recommends City Council:
(1) Adopt the draft ordinances amending the Planned Community Ordinance 2343 to rezone 2901-2905 Middlefield Road and 702 Ellsworth Place as prepared for the February 5, 2024 City Council meeting; or
(2) Consider further amendments to site development regulations contained in the draft ordinance affecting 702 Ellsworth Place related to the sight distance triangle, fence design, and posted sign restricting the size of delivery trucks on Ellsworth Place
EXECUTIVE SUMMARY
This is the second reading of two ordinances for Planned Communities (PC), originally scheduled for February 5, 2024 (Attachments A and B). The staff report from the Council Packet February 5, 2024 item #7 is provided as Attachment C. The ordinances were agendized as consent items, and then removed for debate and discussion by a majority of the Council, consistent with Section 2.04.270(c) of the Municipal Code. Additional public correspondence received in advance of the February 5, 2024 Council meeting is included as Attachments D and E.
BACKGROUND
This report summarizes feedback from members of the community, as well as a revision requested by the property owner of 702 Ellsworth Place, received after the publication of proposed ordinances amending Planned Community ordinance PC-2343 (Attachments A and B).
On December 11, 2023, City Council conducted a public hearing introducing two ordinances amending Planned Community ordinance PC-2343 to allow for the development of a new single-family residence at 702 Ellsworth Place. This was the Council’s third public hearing Item 7
Item 7 Staff Report
Item 7: Staff Report
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related to the project. After extensive discussion, the Council approved the ordinances with additional modifications as requested by the property owner of 702 Ellsworth Place and based on a neighbor’s submittal of a revised delivery space location on the 2901-2905 Middlefield Road parcel. The staff report for the February 5, 2024 Council agenda item 7 is provided as Attachment C.
Residents of Ellsworth Place expressed concern that revisions to the proposed ordinances did not accurately reflect the Council’s motion in three respects:
•The fence design for the 702 Ellsworth Place parcel,
•The City‘s standard sight distance triangle on the 702 Ellsworth Place parcel, and •The signage requirement within the City’s Middlefield Road right of way to prohibit delivery trucks longer than 24 feet.
Staff provided responses in advance of the February 5, 2024 Council agenda (Attachment D).
The responses include references to the video recording of the Council’s discussion posted on the City of Palo Alto YouTube channel.
ANALYSIS
Staff provided responses to the Council questions received from Mayor Stone and Vice Mayor Lauing the week prior to the February 5, 2024 second reading; these responses, found online, are provided as Attachment D to this report. Staff reviewed the meeting video of December 11, revised the ordinances and drawings (with the applicant’s architect) to reflect the Council’s motion, and provided references to the relevant times these issues were discussed in the YouTube video of the December 11 Council meeting. The staff responses are provided below, using an excerpt of the image from the alternative exhibit for the 702 Ellsworth Place parcel.
1.Fence Design/Alternative Exhibit for 702 Ellsworth Place PC Regarding the fence design, the Council's motion and comments on the motion do not prescribe a specific design but rather a performance standard, i.e., that the fence provide adequate visibility between the Ellsworth Place driveway and the sidewalk along Middlefield Road. See Motion by Burt 2:47:30-2:49:20 3.
The ordinance in the February 5, 2024 Council packet already referred to the council motion and did not mention a wrought iron fence. Subsequently, the property owner of 702 Ellsworth Place provided a revised drawing (after Attachment B, Exhibit 1) that no longer specifies a wrought iron fence design to address the neighbor’s concern regarding the fence material.
Item 7
Item 7 Staff Report
Item 7: Staff Report
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2.Exhibit Unchanged – Standard City Site Triangle
Regarding the revisions to the sight triangle/driveway regulations (Section 4(g)(v) of the 702 Ellsworth Place PC ordinance) the Council considered and did not accept the greater driveway setback requirements. The Council's comments on the motion reflect an intent to accept a "hybrid" of two proposals presented by the applicant to the Council on December 11, 2023, which depicted a standard 35-foot sight triangle and a 3-foot-tall fence, as shown in Exhibit 1 to the 702 Ellsworth Place PC ordinance. See:
oPresentation by applicant 1:04:19-1:07:45
oPublic comment 1:19:50-1:22:00
oCouncil Discussion 2:19:20-2:26:35
oMotion by Kou on driveway setbacks (also referral back to PTC) failed for lack of 2nd 2:40:30-2:43:40
oMotion by Burt 2:46:50-2:49:20 2.
3.Sign Installation Within City Right of Way to Prohibit Larger Trucks Regarding the sign prohibiting delivery trucks longer than 24 feet (Section 5(b)(iii) of the 2901- 2905 Middlefield Road PC ordinance), neither the motion nor the Council discussion contains anything to suggest the Council intended to modify that provision. The Council's motion does accept the "UPS-approved delivery space" proposed during by the neighbor during public comment, the Council did not address that sign provision during the hearing. The applicant did not request any modifications to that provision. The public comment acknowledges that provision but does not request any modifications and further stated that UPS and other daily delivery trucks are 14 to 18 feet long and 10 feet wide. Staff had recommended retaining the sign requirement because trucks greater than 24' long would have a difficult time performing turnaround maneuvers in the 26-foot-wide Ellsworth Place driveway. See:
Item 7
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Item 7: Staff Report
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• Public comment 1:15:00-1:15:50
• Public comment 1:16:45-1:19:50
FISCAL/RESOURCE IMPACT
Utilities staff provided a rough estimate of the $20,000-$25,000 for engineering and construction costs for the relocation of the communications pole, which will be split equally between the City of Palo Alto and the project applicant.
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: Proposed ordinance amending Section 18.08.040 of the Palo Alto Municipal Code (Zoning Map) to rezone the property at 2901-2905 Middlefield Road from Planned Community Ordinance 2343 to Planned Community Ordinance-XXXX
Attachment B: Proposed ordinance amending Section 18.08.040 of the Palo Alto Municipal Code (Zoning Map) to rezone the property at 702 Ellsworth Place from Planned Community Ordinance 2343 to Planned Community Ordinance-XXXX
Attachment C: Staff report from February 5, 2024 Council Packet Attachment D: Staff response to Councilmember Questions Attachment E: Written public comments received after publication of packet for February 5, 2024 APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 7
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Item 7: Staff Report
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*NOT YET APPROVED*
Ordinance No.
Attachment A
Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (the Zoning Map) to Rezone the Property at 2901- 2905 Middlefield Road from Planned Community Ordinance 2343 (PC- 2343) to Planned Community Ordinance XXXX (PC-XXXX).
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
(a) On February 2, 2023, Dewey Land Company LLC (“Dewey”) and Handa Developer’s Group/RRP (“Handa”) applied to amend Planned Community Ordinance 2343 (“PC- 2343”) to apply solely to the property at 2901-2905 Middlefield Road, APN 127-35-194, (“Middlefield Parcel”) and rezone the property at 702 Ellsworth Place, APN 127-35-152, (“Ellsworth Parcel”) from Planned Community to Single Family Residential (R-1). (b) At a March 13, 2023 study session, the City Council considered the prescreening application and indicated the project applicants should proceed with a formal PC rezoning application to the Planning and Transportation Commission for a recommendation. (c) On June 28, 2023, July 12, 2023, and August 9, 2023 the Palo Alto Planning and Transportation Commission (“PTC”) held a series of public hearings to consider the application.
The PTC recommended that PC-2343 be amended to remove the Ellsworth Parcel and to adopt two new PC ordinances to govern the Middlefield Parcel and Ellsworth Parcel, respectively, along with a corresponding amendment to Section 18.08.040 of the Palo Alto Municipal Code (Zoning Map).
(d) The amendment recommended by the PTC would reduce the area of the Planned Community PC 2343 from approximately 26,386 sf to approximately 19,893 square feet to encompass 2901-2905 Middlefield Road, a 12-unit apartment building currently owned by Dewey, and amend the development plan for the PC to:
(i) restripe the tenant parking facility to assign four uncovered parking spaces to meet current code requirements for tenant parking spaces, (ii) provide a truck delivery space,
(iii) maintain trash enclosure and pickup from Sutter Avenue, (iv) the 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by plants, fences, or other objects taller than 1foot,
(v) add a 3’6”-wide swath of paving alongside Ellsworth Place beginning at the Middlefield Road.
(e) The PTC recommended concurrent adoption of a companion ordinance 1 0001_20240124_ca29
Item 7
Attachment A - 2901
Middlefield Ordinance
and Exhibit in February 5
2024 packet
Item 7: Staff Report
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*NOT YET APPROVED* Attachment A
(Ordinance No. XXXX) to designate the remaining approximately 6,493 square foot parcel currently owned by Handa at 702 Ellsworth as PC, for the purpose of constructing a single-story, single-family residence.
(f) The City Council held public hearings on September 18, 2023 and November 6 December 11, 2023 to consider the PTC’s recommendation and additional public input, and made further amendments to those recommendations regarding the width of Ellsworth Place, parking and loading requirements, and the sight triangle at the northeast corner of the intersection of Ellsworth Place and Middlefield Road, as set forth below. (g) The Council, after due consideration of the PTC’s recommendations, finds:
(i) The site is so situated and the uses proposed for the site are of such characteristics that the application of general districts or combining zoning districts will not provide sufficient flexibility to allow the proposed development; the City's conventional zoning district RM20 would not permit the existing 12 unit structure on the proposed 0.46 acre site (ii) Amendment to the existing Planned Community PC-2343 will provide public benefits expected to result from the Project, including expanded ingress and egress for the existing residences on Ellsworth Place through additional easements, that, when combined, would result in a 26-foot wide non- exclusive asphalt easement over a distance of approximately 100 feet extending from Middlefield Road eastward along the first 37 feet of Ellsworth Place, and the construction of an additional dwelling unit. (iii) The Council further finds that the Project provides public benefits, as described above, that are of sufficient importance to make the Project, as a whole, one with reasonable public benefit.
(iv) The existing use and improvements are generally remaining unchanged and are compatible with existing and potential uses on adjoining sites or within the general vicinity.
(v) The use permitted and the site development regulations are consistent with the following Palo Alto Comprehensive Plan policies and are, on balance, consistent with the goals and purposes of the Comprehensive Plan:
Policy L-1.1 Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.
Policy L-1.2 Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts.
Policy L-1.3 Ensure that new or remodeled structures are compatible 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. 2 0001_20240124_ca29
Item 7
Attachment A - 2901
Middlefield Ordinance
and Exhibit in February 5
2024 packet
Item 7: Staff Report
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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 2901-2905 Middlefield Road from PC-2343 to "PC- XXXX.” The subject property and revised zoning designation is shown on the map labeled Exhibit "A1," attached hereto and incorporated herein by reference.
SECTION 3. Development Plan
Those certain plans entitled PROPOSED PC AMENDMENT TO PC 2343, DATED 1967, a copy of which is attached hereto as Exhibit “B1” and incorporated herein, are hereby approved as the Development Plan for the subject property.
SECTION 4. Uses.
(a) Permitted Uses. The permitted uses within the PC boundary shall be limited to a 12-unit apartment building: The existing apartment building shall remain on the 2901-2905 Middlefield site within the PC boundary. Covered and uncovered parking for the tenants shall be provided in accordance with Section 5(b) of this ordinance.
SECTION 5. Site Development Regulations.
(a) Compliance with Development Plan. All improvements and development shall be substantially in accordance with the Development Plan, except as modified herein and as depicted on Exhibit 1 attached hereto.
(i) A 42-inch-wide swath of asphalt paving shall be created alongside the northern edge of Ellsworth Place beginning at the Middlefield Road curb line and extending eastward approximately 100 feet approximately 37 feet to the location of an existing communications utility pole guy-wire, to increase the width of Ellsworth Place.
(ii) This additional paved area shall remain clear of obstructions. (iii) Prior to final inspection of any improvements on the site, property owner shall prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place.
(iv) Any exterior changes to the apartment building or any new construction not specifically permitted by the Development Plan or by these site development 3 0001_20240124_ca29
Item 7
Attachment A - 2901
Middlefield Ordinance
and Exhibit in February 5
2024 packet
Item 7: Staff Report
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*NOT YET APPROVED* Attachment A
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.
(vi) The 35-foot sight triangle at the intersection of Ellsworth Place and Middlefield Road shall not be obstructed by new plants, fences, or other objects taller than 1 foot.
(vii) The property owner shall maintain vegetation at a height of 1 foot or less in the planter strip between the Middlefield Road curb and sidewalk. (b) Parking and Loading Requirements.
(i) One covered parking space shall be provided for each of the 12 residential apartments. In addition, four uncovered spaces and a truck delivery space shall be provided on the 2901-2905 Middlefield property, accessible from Ellsworth Place, as shown on the Development Plan.
(ii) A curbside loading zone 40 feet in length shall be designated on Sutter Avenue in front of 2901 Middlefield Road with signage and curb painting.
Property owner may remove parking space #16 at the discretion of the Director of Planning and Development Services.
(iii) Property owner shall install a sign restricting the length of delivery vehicles on Ellsworth Place to 24’ or shorter. The sign shall be placed above or below the existing “No Outlet” sign installed in the Middlefield Road right of way, between the sidewalk and the Ellsworth Parcel.
(iv) Property owner shall restripe the existing parking facility to assign three uncovered parking spaces to meet current code requirements for tenant parking.
(v) To facilitate the provision of off-street parking space #16Property owner shall provide a 30’ x 10’ temporary loading and delivery area on Ellsworth Place adjacent to the existing apartment building. Property owner shall relocate the existing communications utility pole and guy wires and install any improvements as required by the Director of Utilities and the Director of Planning and Development Services to comply with parking design and safety standards.
(vi) Property owner shall be responsible for all costs associated with fulfilling the requirements of this paragraph, provided further that the City shall cover 50% of the costs to relocate the communications utility pole and guy wires. (vii) Prior to final inspection of any improvements on the site, property owner shall prepare and record public utilities easement for the relocated communications utility pole and guy wires.
(c) Trash Enclosures and Pickup. Trash enclosures and pickup shall be maintained with access from Sutter Avenue, and not from Ellsworth Place. (d) Development Schedule. The parking lot restriping on 2901-2905 Middlefield Road shall be immediately implemented upon the effective date of this ordinance. Off-street parking 4 0001_20240124_ca29
Item 7
Attachment A - 2901
Middlefield Ordinance
and Exhibit in February 5
2024 packet
Item 7: Staff Report
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space #16 shall be provided prior to issuance of building permits for the construction of the 702 Ellsworth Place residence. Construction of the improvements to the Middlefield Parcel shall be completed within twelve (12) months of the effective date of thisordinance. (e) Minor Variations in Project. Minor changes to the Project may be approved by the Director, according to the provisions of Palo Alto Municipal Code Section 18.76.020(b)(3)(D) for architectural review. “Minor” changes do not include changes in land use.
SECTION 6. The City Council finds that this ordinance is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) because it can be seen with certainty that minor changes to the parking configuration at 2901- 2905 Middlefield Road and construction of a single-family home pursuant to Ordinance No. XXXX will not result in a significant impact on the environment. The City Council finds that this ordinance is additional categorically exempt under Section 15301 of the CEQA Guidelines, as it involves only minor alterations to existing facilities.
SECTION 7.
its adoption.
This ordinance shall be effective on the thirty-first day after the date of INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________
City Clerk
____________________________
Mayor
APPROVED AS TO FORM: APPROVED:
____________________________
Chief Assistant City Attorney
____________________________
City Manager
____________________________
Director of Planning and
Development Services
5 0001_20240124_ca29
Item 7
Attachment A - 2901
Middlefield Ordinance
and Exhibit in February 5
2024 packet
Item 7: Staff Report
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E X H I B I T 1
HAYES GROUP ARCHITECTS, INC.
2657 SPRING STREET
REDWOOD CITY, CA 94063
P: 650.365.0600
F: 650.365.0670
www.thehayesgroup.com
PROJECT ADDRESS:
2901-2905
MIDDLEFIELD ROAD
PALO ALTO CA, 94306
3'-6" (N) NONEXCLUSIVE
INGRESS/EGRESS EASEMENT
/ASPHALT PAVING
20'-0"
(E) INGRESS/EGRESS
EASEMENT
14 15
(N)
PARKING
SPACE TYP(E)
TRASH
AREA
ISSUANCE:
16 13
(E) AC
PAVING
NO. DESCRIPTION:
PTC SUBMITTAL
DATE:
(E) 07.26.2023
8 COVERED
PARKING
SPACES
2901 CITY COUNCIL
MODIFICATIONS
PROPOSED
12.14.2023
01.10.2024702
ELLSWORTH
PLACE
(E) PC ORDINANCE
2901 2905 MIDDLEFIELD AVE
4 COVERED
PARKING
SPACES 4'-6"
LOT A
127 35 194
GAS
METERS
LOT B
127 35 152
BOLLARDS
BLDGBLDG
(N) COMMUNICATION
POLE AND GUY WIRE.
10'X30' TEMPORARY
DELIVERY AND
UNLOADING SPACE
MARKED IN PAINT
ON THE ASPHALT.
DRAWING CONTENT
2901-2905 Middlefield PC
Ordinance Site planEXISTING
LANDSCAPING
STAMPB.O. SIDEWALK
02.28.2ꢀ
MIDDLEFIELD ROAD 26'-0"
(N) DRIVEWAY APRON
PER CITY STANDARD
CABLE BOX
RELOCATED
JOB NUMBER:
2202.00
SCALE:
AS NOTED
DRAWN BY:
LB
All drawings and written materials contained
herein constitute the original & unpublished
work of the Architect and the same may not
be duplicated, used or disclosed without the
written consent of the Architect.
© Hayes Group Architects, Inc.
DRAWING NUMBER
A2.52901-2905 MIDDLEFIELD PC ORDINANCE SITE PLAN
1SCALE 3/32" = 1'-0"
Item 7
Attachment A - 2901 Middlefield
Ordinance and Exhibit in February 5
2024 packet
Item 7: Staff Report
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1 0002_20240124_ca29
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 Municipal 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, sin gle-family residence. The PTC recommended the following conditions:
(i) the development plan shall include a 2’6”-wide swath of pavement 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 Item 7
Attachment B - Revised
PC Ordinance for 702
Ellsworth Place with
Exhibit 1
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to a detached garage.
(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 1 8, 2023 and November 6- December 11 , 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 existing residences on Ellsworth Place through additional easements, that, when c ombined, would result in a 26 -foot wide non-
exclusive asphalt easement over a distance of approximately 100 feet extending from Middlefield Road eastward along the first 37 feet of Ellsworth Place, an additional 5 -foot long by 30 -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 proposed 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 regulations are consistent with the following Palo Alto Comprehensive Plan policies and are, on balance consistent with the goals and purposes of the Comprehensive Plan:
Policy L-1.1 Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.
Policy L-1.2 Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts.
Item 7
Attachment B - Revised
PC Ordinance for 702
Ellsworth Place with
Exhibit 1
Item 7: Staff Report
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3 0002_20240124_ca29
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.
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 Place from PC -2343 to “PC - XXXX.” The subject property and revised zoning designation is shown on the map labeled Exhibit "A
1," 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
1” 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 story single- family residence with no basement.
SECTION 5. Site Development Regulations.
(a) Compliance with Development Plan
. All improvements and development sh all
be substantially in accordance with the Development Plan, except as modified herein and depicted in Exhibit 1 attached hereto.
(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 100 feet
approximately 42 feet to the proposed walkway to the single-family Item 7
Attachment B - Revised
PC Ordinance for 702
Ellsworth Place with
Exhibit 1
Item 7: Staff Report
Pg.
13 Packet Pg. 141 of 198
*NOT YET APPROVED* Attachment B
4 0002_20240124_ca29
residence, to increase the 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 prepare and record an ingress and egress easement over this additional paved area to the other properties on Ellsworth Place.
(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 an additional sign stating “No Delivery Trucks Over 24’ long” below or above the existing ‘No Outlet’ sign located within the Middlefield Ro ad right of way between the sidewalk and
Handa’s the 702 Ellsworth Place property line and a
maximum 3-foot tall fence of a grated or similar design that maintains visibility through the sides of the sight triangle adjacent to Ellsworth Place and Middlefield Road.
(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, the 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 Pla ce
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.
Item 7
Attachment B - Revised
PC Ordinance for 702
Ellsworth Place with
Exhibit 1
Item 7: Staff Report
Pg.
14 Packet Pg. 142 of 198
*NOT YET APPROVED* Attachment B
5 0002_20240124_ca29
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 o rdinance shall be effective on the thirty -first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Chief Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
Item 7
Attachment B - Revised
PC Ordinance for 702
Ellsworth Place with
Exhibit 1
Item 7: Staff Report
Pg.
15 Packet Pg. 143 of 198
02.28.25 A2.6
HAYES GROUP ARCHITECTS, INC.
2657 SPRING STREET
REDWOOD CITY, CA 94063
P: 650.365.0600
F: 650.365.0670
www.thehayesgroup.com
DRAWING CONTENT
DRAWING NUMBER
All drawings and written materials contained
herein constitute the original & unpublished
work of the Architect and the same may not
be duplicated, used or disclosed without the
written consent of the Architect.
© Hayes Group Architects, Inc.
DRAWN BY:
SCALE:
JOB NUMBER:
STAMP
ISSUANCE:
PROJECT ADDRESS:
702 Ellsworth PC
Ordinance Site plan
AS NOTED
2202.00
LB
Date: 1/8/24
File Name: Ellsworth House_BIM_ARCH
NO. DESCRIPTION: DATE:
PTC SUBMITTAL 07.26.2023
2901 CITY COUNCIL
MODIFICATIONS
12.14.2023
PROPOSED
PC ORDINANCE 01.08.2023
PP
N49°20'00"E 86.08'
N52°00'00"W 130.67'
S47°12'00"W 101.30'
S52°00'00"E 117.11'(T)
80.67' 50.00'
44.50'
2'-6" (N) NONEXCLUSIVE
INGRESS/EGRESS EASEMENT
/ASPHALT PAVING
26'-0"
(N) DRIVEWAY APRON
PER CITY STANDARD
10'-0"
4'-0"
FROM B.O.
SIDEWALK
4'-0"RETURN
LOT A
127-35-194
LOT B
127-35-152
702 ELLSWORTH
FRONT YARD
(E)
4 COVERED
PARKING
SPACES
(E)
8 COVERED
PARKING
SPACES
13 14 15
MATADERO CANAL
BLDG.
BLDG.
BLDG.
(E)
TRASH
AREA
TANDEM
(N)
PARKING
SPACE TYP.
(E) AC
PAVING
EXISTING
LANDSCAPING
B.O. SIDEWALK
(E) FIRE
HYDRANT
2901-2905 MIDDLEFIELD AVE.
LOT B
127-35-152
702
ELLSWORTH
PLACE
N52°00'00"W 229.20'(T) 50.00'78.28' 44.50'
S38°00'00"W 109.87' S38°00'00"W 109.87'
100.00'
56.42'
72.61'
20'-0"
(E) INGRESS/EGRESS
EASEMENT
6'-0" FROM
B.O. SIDEWALK
SUTTER AVENUE
MIDDLEFIELD ROAD
ELLSWORTH PLACE
3' TALL FENCE WITH
VERTICAL WROUGHT
IRON BARS.
PROPERTY LINE
TYPICAL
STANDARD CITY
REQUIRED 35' SITE
TRIANGLE TYP.
SCALE 3/32" = 1'-0"
702 ELLSWORTH PC ORDINANCE SITE PLAN
1 702 ELLSWORTH PLACE
PALO ALTO CA 94306
N
S38°00'00"W 100.00'
EXHIBIT 1
Item 7
Attachment B - Revised PC
Ordinance for 702 Ellsworth Place
with Exhibit 1
Item 7: Staff Report
Pg.
16 Packet Pg. 144 of 198
02.28.25 A2.6
HAYES GROUP ARCHITECTS, INC.
2657 SPRING STREET
REDWOOD CITY, CA 94063
P: 650.365.0600
F: 650.365.0670
www.thehayesgroup.com
DRAWING CONTENT
DRAWING NUMBER
All drawings and written materials contained
herein constitute the original & unpublished
work of the Architect and the same may not
be duplicated, used or disclosed without the
written consent of the Architect.
© Hayes Group Architects, Inc.
DRAWN BY:
SCALE:
JOB NUMBER:
STAMP
ISSUANCE:
PROJECT ADDRESS:
702 Ellsworth PC
Ordinance Site plan
AS NOTED
2202.00
LB
Date: 2/2/24
File Name: Ellsworth House_BIM_ARCH
NO. DESCRIPTION: DATE:
PTC SUBMITTAL 07.26.2023
2901 CITY COUNCIL
MODIFICATIONS
12.14.2023
PROPOSED
PC ORDINANCE 01.08.2023
PP
N49°20'00"E 86.08'
N52°00'00"W 130.67'
S47°12'00"W 101.30'
S52°00'00"E 117.11'(T)
80.67' 50.00'
44.50'
2'-6" (N) NONEXCLUSIVE
INGRESS/EGRESS EASEMENT
/ASPHALT PAVING
26'-0"
(N) DRIVEWAY APRON
PER CITY STANDARD
10'-0"
4'-0"
FROM B.O.
SIDEWALK
4'-0"RETURN
LOT A
127-35-194
LOT B
127-35-152
702 ELLSWORTH
FRONT YARD
(E)
4 COVERED
PARKING
SPACES
(E)
8 COVERED
PARKING
SPACES
13 14 15
M
ATADERO CANAL
BLDG.
BLDG. BLDG.
(E)
TRASH
AREA
TANDEM
(N)
PARKING
SPACE TYP.
(E) AC
PAVING
EXISTING
LANDSCAPING
B.O. SIDEWALK
(E) FIRE
HYDRANT
16 2901-2905 MIDDLEFIELD AVE.
LOT B
127-35-152
702
ELLSWORTH
PLACE
N52°00'00"W 229.20'(T) 50.00'78.28' 44.50'
S38°00'00"W 109.87'
S38°00'00"W 109.87'
100.00'
56.42'
72.61'
20'-0"
(E) INGRESS/EGRESS
EASEMENT
6'-0" FROM
B.O. SIDEWALK
SUTTER AVENUE
MIDDLEFIELD ROAD
ELLSW
ORTH PLACE
3’ TALL FENCE OF A
GRATED OR SIMILAR
DESIGN .
PROPERTY LINE
TYPICAL
STANDARD CITY
REQUIRED 35' SITE
TRIANGLE TYP.
SCALE 3/32" = 1'-0"
702 ELLSWORTH PC ORDINANCE SITE PLAN
1 702 ELLSWORTH PLACE
PALO ALTO CA 94306
02.02.2024
N
S38°00'00"W 100.00'
Item 7
EXHIBIT 1 FOR 702 ELLSWORTH
WITH REVISED FENCE MATERIAL
Item 7: Staff Report
Pg.
17 Packet Pg. 145 of 198
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: February 5, 2024
Report #:2312-2347
TITLE
SECOND READING: 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 (FIRST READING: December 11, 2023 PASSED 6-0-1, Veenker absent)
RECOMMENDATION
Adopt two Planned Community (PC) ordinances reflecting Council action December 11, 2023.
EXECUTIVE SUMMARY
The City Council introduced two ordinances to amend Planned Community Ordinance 2343 December 11, 2023. Consistent with direction from the City Council, staff revised the ordinances for adoption.
BACKGROUND
On December 11, 2023, the Council conducted a public hearing to introduce a pair of ordinances to amend Planned Community Ordinance 2343, relating to 2901-2905 Middlefield Road and a new single-family home proposed for 702 Ellsworth Place. The proposed amendments affecting 2901-2905 Middlefield Road addressed changes to configuration of the off-street parking spaces for the existing apartment building residents. The draft ordinance proposed a new loading and delivery space on Sutter Avenue and relocating one of the off- street parking spaces. A resident of Ellsworth Place expressed concern that delivery vehicles would not be able to access the existing residences on Ellsworth Place and presented an alternative design for a loading and delivery space on the property at 2901-2905 Middlefield.
Council accepted that alternative over the configuration contained in the draft ordinance.
The Council also discussed height limits and design criteria for a fence proposed to be constructed within the sight triangle on the 702 Ellsworth Place parcel based on pedestrian and Item 7
Attachment C - Item 7
Staff Report February 5
2024
Item 7: Staff Report
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18 Packet Pg. 146 of 198
bicycles safety and visibility considerations at the intersection of Ellsworth Place and Middlefield Road.
City Council approved the proposed Planned Community ordinances for 702 Ellsworth Place and 2901-2905 Middlefield Road, with certain modifications. The modifications (bold text) and the corresponding revisions to the proposed ordinances are set forth below:
1. UPS approved delivery spot plan on Ellsworth that does not affect the footprint of the house, that provides a useable delivery spot for 10’ to 11’ wide trucks, maintains safe road circulation with Middlefield, does not remove public parking on Sutter, and to relocate the communications pole at a shared expense of the City and the property owner.
Staff revised Section 5(b) of the proposed ordinance for 2901-2905 Middlefield Road as follows:
(v) Property owner shall provide a 30’ x 10’ temporary loading and delivery area on Ellsworth Place adjacent to the existing apartment building. Property owner shall relocate the existing communications utility pole and guy wires and install any improvements as required by the Director of Utilities and the Director of Planning and Development Services to comply with parking design and safety standards. (vi) Property owner shall be responsible for all costs associated with fulfilling the requirements of this paragraph, provided further that the City shall cover 50% of the costs to relocate the communications utility pole and guy wires.
The exhibit to the proposed ordinance depicts the loading and delivery space in green located 4.5 feet from the wall per staff of the Palo Alto Utilities Gas Division request to keep this distance and provide bollards as a buffer between the delivery space and gas meters. The delivery space will be asphalt paving with paint markings, with signage as noted in the ordinance.
2. Require graded fencing that would allow visibility line of sight through 2 angles of the fence that allows adequate transparency of 3-foot fence.
Staff revised Section 5(a) of the proposed ordinance for 702 Ellsworth Place as follows:
(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 an 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 the 702 Ellsworth Place property line Item 7
Attachment C - Item 7
Staff Report February 5
2024
Item 7: Staff Report
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and a maximum 3-foot tall fence of a grated or similar design that maintains visibility through the sides of the sight triangle adjacent to Ellsworth Place and Middlefield Road.
Though ‘grated’ is the term used in the motion, the applicant does not propose a waffle- pattern; the exhibit indicates 3-foot tall wrought iron fence as Mr. Handa presented to Council on December 11. The vertical bars of the wrought iron fence will be spaced 4” on center to provide adequate visibility.
3. Direct Staff to pursue ADA tactile markers on the sidewalk where it intersects the Ellsworth Place easement subject to approval by the Director of Public Works at the City’s expense.
Staff reached out to Public Works regarding the potential placement of truncated dome surfaces on the Middlefield Road sidewalk on either side of the Ellsworth Place width.
Typically, such surfaces are used for sidewalk ramps rather than even surfaces, so this is a discussion that will continue after the Council second reading of these ordinances.
4. Width of Ellsworth Place at entrance to be 26-feet wide for at least 100-feet from Middlefield Road.
Staff revised Section 5(a) of the proposed 2901-2905 Middlefield Road as follows:
(i) A 42-inch-wide swath of asphalt paving shall be created alongside the northern edge of Ellsworth Place beginning at the Middlefield Road curb line and extending eastward approximately 100 feet approximately 37 feet to the location of an existing communications utility pole guy-wire, to increase the width of Ellsworth Place.
Staff revised section 5(a) of the proposed 702 Ellsworth Place ordinance as follows:
(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 100 feet approximately 42 feet to the proposed walkway to the single-family residence, to increase the width of Ellsworth Place.
Combined, these two easements increase the width of Ellsworth Place from approximately 20 feet to approximately 26 feet. The exhibits to both proposed ordinances depict these additional easement areas.
5. Parking space #16 can be removed at the discretion of the Planning Director.
Staff revised section 5(b) of the proposed ordinance for 2901-2905 Middlefield Road as follows:
Item 7
Attachment C - Item 7
Staff Report February 5
2024
Item 7: Staff Report
Pg.
20 Packet Pg. 148 of 198
(ii) A curbside loading zone 40 feet in length shall be designated on Sutter Avenue in front of 2901 Middlefield Road with signage and curb painting.
Property owner may remove parking space #16 at the discretion of the Director of Planning and Development Services.
FISCAL/RESOURCE IMPACT
Utilities staff provided a rough estimate of the $20,000-$25,000 for engineering and construction costs for the relocation of the communications pole, which will be split equally between the City of Palo Alto and the project applicant.
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: Revised PC Ordinance for 2901 Middlefield Road with Exhibit 1 Attachment B: Revised PC Ordinance for 702 Ellsworth Place with Exhibit 1 APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 7
Attachment C - Item 7
Staff Report February 5
2024
Item 7: Staff Report
Pg.
21 Packet Pg. 149 of 198
Dear Mayor and Council Members,
On behalf of City Manager Ed Shikada, please see staff responses below for the Monday, February 5 Council Meeting.
Item 7: SECOND READING: 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 (FIRST READING: December 11, 2023, PASSED 6-0-1, Veenker absent)
Mayor Stone and Vice Mayor Lauing submitted the following points provided by a community member and requested staff to review and respond.
1. Staff removed from the approved ordinance of December 11, 2023, the following underlined phrase, as written in Attachment B, Section 5 (a) (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…“ This underlined phrase was included as a safety measure for how Ellsworth Place intersects with Middlefield Road and the ability of drivers and pedestrians alike to be visible to one another. It was not removed by the Council motion of December 11, 2023, and therefore needs to remain in the ordinance with the Attachment B, Exhibit 1 map corrected accordingly.
Staff response: Staff thoroughly reviewed the meeting video and worked with the applicants to revise the ordinances and drawings to reflect the Council’s motion. Our responses to her comments are below, along with references to the relevant times these issues are discussed in the YouTube video of the Council meeting.
Regarding the revisions to the sight triangle/driveway regulations (Section 4(g)(v) of the 702 Ellsworth Place PC ordinance) the Council considered and did not accept the greater driveway setback requirements. The Council's comments on the motion reflect an intent to accept a "hybrid" of two proposals presented by the applicant to the Council on December 11, 2023, which depicted a standard 35-foot sight triangle and a 3-foot-tall fence, as shown in Exhibit 1 to the 702 Ellsworth Place PC ordinance. See:
• Presentation by applicant 1:04:19-1:07:45
• Public comment 1:19:50-1:22:00
• Council Discussion 2:19:20-2:26:35
• Motion by Kou on driveway setbacks (also referral back to PTC) failed for lack of 2nd 2:40:30-2:43:40
• Motion by Burt 2:46:50-2:49:20
7 Item 7
Attachment D - Item 7
February 5 Consent
Questions and Responses
(2)
Item 7: Staff Report
Pg.
22 Packet Pg. 150 of 198
2. Even though Pat Burt in making the final motion specifically pointed out that the proposed wrought iron fence with 4” spaced bars wouldn’t achieve the goal of a transparent fence, this very wrought iron fence design remains in the ordinance, as explained on page 3 of the staff report. That wrought iron fence design is even mandated in the map (which was prepared by the applicant) attached as EXHIBIT 1 to the ordinance for 702 Ellsworth. We suggest having the EXHIBIT 1 map say “Fence meeting transparency requirements”, to have it match the motion.
Staff response: Regarding the fence design, the Council's motion and comments on the motion do not prescribe a specific design but rather a performance standard, i.e., that the fence provide adequate visibility between the Ellsworth Place driveway and the sidewalk along Middlefield Road. See:
• Motion by Burt 2:47:30-2:49:20
3. A requirement was left in, recorded in Attachment A, Section 5 (b) (iii) and at Attachment B, Section 5 (a) (v), that a new sign be posted banning delivery trucks longer than 24’ from Ellsworth. That sign requirement was added when staff proposed the delivery space be on Sutter, which the Council motion then overruled. Since one of the key objectives of the Council’s action was to make it possible for delivery trucks to park on Ellsworth and not impact public parking on Sutter, there’s no reason for the sign banning delivery trucks on Ellsworth. Furthermore, this sign directly impacts the value of homes on Ellsworth Place, as rightfully pointed out by Lydia Kou during the December 11, 2023 Council meeting. All homeowners and residents of Ellsworth, including the applicants, will benefit by removing this sign requirement. To be consistent with the council motion, the sign requirement should therefore be removed.
Staff response: Regarding the sign prohibiting delivery trucks longer than 24 feet (Section 5(b)(iii) of the 2901-2905 Middlefield Road PC ordinance), neither the motion nor the Council discussion contains anything to suggest the Council intended to modify that provision. The Council's motion does accept the "UPS-approved delivery space" proposed during by the neighbor during public comment, the Council did not address that sign provision during the hearing. The applicant did not request any modifications to that provision. The public comment acknowledges that provision but does not request any modifications and further stated that UPS and other daily delivery trucks are 14 to 18 feet long and 10 feet wide. Staff recommends retaining the sign requirement because trucks greater than 24' long would have a difficult time performing turnaround maneuvers in the 26-foot-wide Ellsworth Place driveway. See:
• Public comment 1:15:00-1:15:50
• Public comment 1:16:45-1:19:50
Item 7
Attachment D - Item 7
February 5 Consent
Questions and Responses
(2)
Item 7: Staff Report
Pg.
23 Packet Pg. 151 of 198
From: Nat Fisher
To: Council, City
Subject: 702 Ellsworth Place item on consent today
Date: Monday, February 5, 2024 12:46:36 PM
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Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, City Staff have changed line item 2 of the approved motion of December 11, 2023, and they have chosen to avoid line item 3 via deferral. Neither of these points respects the Council motion. Please vote to remove item 7 from the agenda on February 5, 2024, and fix the language of the ordinance to maintain the safety measures approved by the Council.
Thank you.
Ellsworth Place Resident
Natalie Fisher
7 Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
Pg.
24 Packet Pg. 152 of 198
From: Annette Glanckopf
To: Council, City; Clerk, City
Subject: Ellsworth Place
Date: Monday, February 5, 2024 11:12:43 AM
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Dear Council Members.
After reading the Ellsworth Place neighbors slide deck for tonight, I request that you pull agenda item #7 from consent and make sure the final approvals are what council moved.
The Ordinance needs to match the motion as approved by the City Council. The staff write up was far too liberal in their interpretation and does not match your original decision.
Items that were changed from the council motion in the staff report that need to be amended are
1) Delivery trucks: Make sure the wording allows truck delivery on Ellsworth and remove the sign banning trucks over 24 feet.
2) Fencing: I agree with the neighbors that the proposed fencing does not allow "adequate transparency", and the fence placement & height differ from both the motion and "CPA Transportation requirements."
3) Amend the ordinance to state that the 26' road must be "matching, driveable asphalt to the existing road" and may not use any kind of pavers. 4) Revise wording to refer to Ellsworth Place as its legal definition of a "private street" and not as a "driveway".
I have a concern about the major changes (and interpretation of council motions) from staff in ordinance.
Thank you for pulling this item and correcting the ordinance to reflect the council motion.
Annette Glanckopf
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
Pg.
25 Packet Pg. 153 of 198
From: Robert Chen
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Ordinance Differs From Motion - Ellsworth Place Date: Sunday, February 4, 2024 9:12:28 PM
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Dear Mayor, Vice Mayor, and members of the City Council, Regarding Council Meeting on February 5, 2024, Agenda Item #7:
How can the City Staff change the motion? This is not right. As elected Council members I ask you to fix this.
Remove Agenda Item 7 from February 5, 2024.
Sincerely,
Chaoqiang Chen
Ellsworth Pl residence
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
Pg.
26 Packet Pg. 154 of 198
From: Jeff Levinsky
To: Council, City
Subject: Problems with Item #7 (Ellsworth Place) on Monday’s Consent Calendar Date: Sunday, February 4, 2024 8:40:19 PM
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Dear City Councilmembers:
The ordinances for Ellsworth Place on tomorrow’s consent calendar unfortunately do not match what you approved on December 11, 2023. Here are two significant problems:
The 702 Ellsworth Sight Triangle
The sight triangles are the area at the corners of Middlefield and Ellsworth in which plants and such must be kept low so that drivers, bicyclists, and pedestrians can see each other. On December 11, 2023, you approved the new PC ordinance for 702 Ellsworth, which specified that the site triangle for 702 Ellsworth shall “extend to the southernmost corner of the property along Middlefield Road.”
But the proposed ordinance for February 5, 2024: significantly narrows the sight triangle to just 35 feet across the Middlefield frontage.
Nothing in the Council motion of December 11 changed the size of the sight triangle. The staff report for February 5 contains not one word discussing why staff then made this major change. Additional comments subsequently produced by staff attempt to justify the change by noting that a different motion on December 11 seeking to further enlarge the triangle (and make other changes) failed, but that does not mean the Council somehow agreed to instead significantly shrink
the sight triangle. If anything, the fact that the
Council rejected a motion that would have altered the sight triangle means Council clearly knew it could do so and opted not to.
Given that the proposed ordinance does not match the safer sight triangle that Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
Pg.
27 Packet Pg. 155 of 198
was in the ordinance when the Council approved it in December, the item should be pulled from the consent calendar and the sight triangle size restored to how the Council left it.
The Wrought Iron Fence
Council discussed on December 8, 2023 the proposed wrought iron fence to be installed both on the southern side of Ellsworth and the southern portion on Middlefield. During the hearing, the Council noted that one will have to see through two fence sections simultaneously and the proposed wrought iron fence would not work.
The proposed ordinances on the February 5 consent calendar however retain essentially what the Council rejected. The proposed spacing of vertical rails every 4 inches is hardly different from the industry standard for wrought iron fences of 3.875 inches. No drawing or study is presented in either the February 5 staff report nor its subsequent comments to verify how the 4 inch spacing will solve the visibility problem. But having the proposed ordinance now include an exhibit that requires
the fence be made of wrought iron removes
the possibility of the City mandating better solutions should the 4 inch wrought iron prove no better than what Council already rejected. The exhibit language should be modified to not require a wrought iron fence but instead one of adequate transparency (it currently does not).
Over the years, poorly-written PC ordinances have caused the City and its residents considerable grief, so it’s best to fix these problems now when they’re spotted. So again, please pull this item off consent.
Thank you,
Jeff Levinsky
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
Pg.
28 Packet Pg. 156 of 198
From: Andrea Eyestone
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Staff Watered Down Council Motion for Ellsworth Place Safety Date: Sunday, February 4, 2024 8:03:02 PM
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Regarding Item #7 Ellsworth - Council Meeting - February 5, 2024 Dear Palo Alto City Council,
For the safety of ALL children and pedestrians who traverse Middlefield Road near Ellsworth Place, please remove agenda item #7 from the 2nd reading this coming Monday, February 5, 2024. The line of sight triangle, fence placement, fence type, and fence height as stated in the ordinance for 702 Ellsworth Place do not match the motion of December 11, 2024.
Ellsworth Place neighbors have repeatedly stated we need to see over to Matadero Creek when exiting Ellsworth Place, and the ordinance language and/or EXHIBIT 1 map as attached to this ordinance, will allow for a 4-foot high fence near the creek, made from wrought iron, which is not transparent when looking through it through two layers of fencing.
This is very unsafe and goes against the approved motion.
Please vote to remove agenda item #7 from Monday night’s meeting.
Kindly,
Andrea Alberson
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Chin Chong
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Cc: Kristen Van Fleet
Subject: Ellsworth ordinance has big problems
Date: Sunday, February 4, 2024 6:11:50 PM
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________________________________
Hi Palo Alto Council,
City Staff should not go around the council’s motion! This is not right. Please pull item #7 and have staff fix it to what you asked for!!!
Thanks!
Regards,
Chin Chong
Sent from my iPhone
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: On Chong
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Cc: Kristen Van Fleet
Subject: The 702 Ellsworth Ordinance Differs from the motion Date: Sunday, February 4, 2024 6:03:38 PM
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________________________________
Dear council,
Regarding Agenda item #7 Ellsworth for city council meeting on February 5,2024. Please pull agenda item 7 as it does not match the council’s motion.
Sincerely,
On Chong
Sent from my iPhone
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: [email protected]
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Please Remove Ellsworth Pl Agenda Item #7 from February 5, 2024 Date: Sunday, February 4, 2024 4:39:38 PM
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- Regarding Item #7 Ellsworth Ordinance - Council Meeting, February 5, 2024
Dear Mayor Stone, Vice Mayor Lauing, and Members of the City Council, I am writing to request that the council refrain from voting on the approval of agenda item #7 (Ellsworth Place) while further considerations are taken.
When rezoning a planned community district I hope that precedent, and benefit for all stakeholders (beyond real estate speculators) are taken into account.
I am concerned that rushing into a vote on a proposal that disagrees with the motion of December 11, 2023 on the matter is not in the best interest of the community. Specifically, what would prevent other developers from splitting out parcels of property meant to service their tenants in private transactions to yield more single family homes? I understand that the city is expected to provide on the order of thousands of additional residences in coming decades and do not see how simply bending planned community ordinance to extract the profit of a few more single family homes sets a reasonable precedent. I argue that if the city council is re-evaluating a planned community that is part of a private street, the precedent and all current provisions should be taken into account. This includes unit per acre density and adequate two way vehicle ingress / egress.
Thank you for your public service.
Warmly,
Jake Margolis
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Yogabear23
To: Council, City; yogabear23; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Veenker, Vicki
Subject: Please Pull Agenda Item #7 From the Ellsworth Ordinance on 2/5/24 Date: Sunday, February 4, 2024 4:23:38 PM
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Dear Mayor Stone and Members of the City Council,
Please pull Agenda Item #7 from the second reading of the Ellsworth Ordinance on February 5, 2024.
Ensure the safety of all who walk, drive, or bike along Middlefield Road as it crosses Ellsworth Place.
The Palo Alto City Staff made changes to the "line of sight" triangle that were not approved on December 11, 2023. They did not implement "adequate fence transparency" along Middlefield Road between Ellsworth Place and Matedero Creek. I ask that this misinterpretation be corrected at the February 5 City Council Meeting.
Thank you for your service to the City of Palo Alto.
Respectfully, Carolyn V. Garbarino
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Jessica Sheldon
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Major Issues with Agenda Item #7 - February 5, 2024 Date: Sunday, February 4, 2024 2:54:08 PM
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Regarding Item #7 Ellsworth - Council Meeting - February 5, 2024 Dear Mayor Stone and City Council Members,
Please take a good look at what City Staff has written in the ordinance for 702 Ellsworth Place and compare it to the motion of December 11, 2023, as they do not match.
Therefore, the ordinance needs to be corrected before being passed into City law.
Thank you,
Jessica Sheldon
718 Ellsworth Place
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Robyn Ziegler
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki Subject: Ellsworth Ordinances - City Staff Did Not Follow Your Motion Date: Sunday, February 4, 2024 2:41:02 PM
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Regarding Item #7 Ellsworth Place: City Council Meeting February 5, 2024 Dear Mayor Stone and City Council,
I was quite surprised to learn that the Palo Alto City staff did not follow the motion you approved in the creation of the ordinance for Ellsworth Place (agenda item 7), and instead chose to remove very important safety measures. As our Palo Alto elected officials, you are in a position to reverse the inconsistencies.
Please vote to pull agenda item 7 and direct staff to make it match the original motion.
Thank you in advance for your support,
Robyn Ziegler
730 Ellsworth Place
Palo Alto
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: sel lightahead.com
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Ellsworth Safety Ordinance Concerns
Date: Sunday, February 4, 2024 11:19:28 AM
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Regarding Item #7 Ellsworth - Council Meeting - February 5, 2024 Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, For the safety of Midtown residents and all who drive or otherwise traverse by Ellsworth Place along Middlefield Road, we ask you to please pull agenda item #7 so that the ordinance can be corrected to what the prior City Council motion required.
The Council motion seeks to address the serious safety problems related to the line of sight and fencing at the proposed property, but the ordinances do not match the motion of December 11, 2023.
I look forward to seeing the corrected materials
Sincerely,
Susan E. Light, MD
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Charlie Effinger
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Issue with Agenda Item #7 for February 5, 2024 Date: Sunday, February 4, 2024 10:18:24 AM
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Re: Item #7 Ellsworth - Council Meeting - February 5, 2024 Dear Mayor Stone and Members of the City Council,
Please take a deeper look at what City Staff has written in the ordinance for 702 Ellsworth Pl. It does not match the final motion of December 11, 2023 and therefore the ordinance needs to be corrected before being passed into City law.
Thanks,
Charlie Effinger - 718 Ellsworth Pl
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Tsing Xue
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Ellsworth Agenda Item 7 Has Issues - Please Pull It For Correction Date: Sunday, February 4, 2024 9:54:14 AM
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Dear Mayor Stone and members of the City Council,
A couple of important items were overlooked in the making of the motion on December 11, 2023. These issues have a direct impact on neighborhood safety and also on my property value. I ask that agenda item #7 be removed from the 2nd reading it is scheduled for on February 5, 2024, so it can be corrected to what the council’s motion states, as well as to address the overlooked issue of removing the sign that bans delivery trucks on Ellsworth.
Please pull agenda item 7 and get the ordinance corrected before making it a CPA law. Too much is at stake!
Sincerely,
Tsing Xue
729 Ellsworth Pl.
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: [email protected]
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: The 702 Ellsworth Ordinance Needs Corrections
Date: Sunday, February 4, 2024 4:40:28 AM
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Regarding Agenda Item #7 Ellsworth Ordinance - Council Meeting of February 5, 2024 Dear Mayor Stone and members of the City Council,
City Staff has misinterpreted the City Council motion of December 11, 2023, and that is not how a democratic process is supposed to work.
The ordinance written for 702 Ellsworth Place differs from the motion. Here is your chance to fix it by pulling agenda item #7 from the 2nd reading scheduled for Monday night’s meeting.
Sincerely,
Venkata
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Chin Chong
To: Council, City
Cc: Burt, Patrick; Kou, Lydia; Lythcott-Haims, Julie
Subject: Ellsworth Ordinance Has Big Problems - February 5, 2024 Date: Sunday, February 4, 2024 1:09:11 AM
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Dear Palo Alto City Council,
City Staff should not go around the Council’s motion! This is not okay. Please pull item #7 and have staff fix it to what you asked for!
Thanks,
Chin Chong
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Kristen Van Fleet
To: Council, City
Subject: Ellsworth Ordinance - Needs Reworking To Match Motion Date: Saturday, February 3, 2024 11:14:40 PM
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Regarding: Agenda Item #7 - Second reading - Ellsworth Ordinance - Council Meeting of February 5, 2024
Dear Palo Alto City Council,
The Ellsworth Place Neighbors have all worked hard to get safety measures implemented at the intersection of Ellsworth Place and Middlefield Road. The City Council motion of December 11, 2023, reflects these benefits, which were designed for the safety of ALL people who traverse on or near Ellsworth Place.
Unfortunately, City Staff took liberties to undo some of the safety measures as approved by the Council, and they did so based on what the applicant wanted, as was stated in the Council Consent Agenda Responses, “Staff thoroughly reviewed the meeting video and worked with the applicants to revise the ordinances and drawings to reflect the Council’s motion.” Additionally, several cherry-picked video timestamps were included, which left out pertinent timestamps.
Since when do city staff get to ignore a Council motion to please an applicant? This isn’t how democracy works. Please pull agenda item #7 so its language can be corrected to match the motion of December 11, 2023, and properly implement the safety measures.
Sincerely,
Kristen A. Van Fleet
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: gala b
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Pull Agenda Item 7 from Feb 5, 2024 - It Has Safety Issues Date: Saturday, February 3, 2024 9:21:04 PM
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Regarding Item #7 Ellsworth Ordinance, City Council Meeting - February 5, 2024 Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, Parts of the 702 Ellsworth ordinance are unsafe and differ from the approved motion of December 11, 2023. Please pull agenda item 7 so the ordinance can be corrected and the safety measures documented correctly.
Thank you for looking into this important matter.
Sincerely,
Gala Beykin
Ellsworth Pl.
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Yevgeny-Yoni Khasin
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Remove Item #7 (Ellsworth) from Council Meeting February 5, 23 Date: Saturday, February 3, 2024 9:16:34 PM
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Regarding Item 7 Ellsworth - City Council Meeting of February 5, 2024 Dear Members of the Palo Alto City Council,
Please pull Item #7 from the consent. It does not match the motion approved by elected City Council officials on December 11, 2023 in critical ways.
Thank you!
Yevgeny Khasin
Ellsworth Pl.
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Paul Bigbee
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Problems with Monday’s Consent Calendar Item #7 Date: Saturday, February 3, 2024 8:54:10 PM
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Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, You can protect pedestrians, bicyclists, and drivers by restoring pertinent safety measures and delivery services in the 702 Ellsworth Place Ordinance. My objection specifically targets the version presented for the second reading:
- Differs from the Motion of December 11 2023,
- Removes the safer line of sight triangle,
- Allows a fence that does not have “adequate transparency”, and - Bans some delivery trucks on Ellsworth Place after creating a space for them.
Unless the item is removed from consent and fixed, you will be degrading the safety measures and community requirements that you voted for back in December.
Sincerely,
Paul Bigbee
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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From: Bhanu Iyer
To: Council, City; Burt, Patrick; Kou, Lydia; Lauing, Ed; Lythcott-Haims, Julie; Stone, Greer; Tanaka, Greg; Veenker, Vicki
Subject: Remove Ellsworth Agenda Item #7 from Monday, February 5, 2024 Date: Saturday, February 3, 2024 6:47:51 PM
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Regarding Council Meeting on February 5, 2024, Agenda Item #7:
Dear Mayor Stone, Vice Mayor Lauing, and members of the City Council, As a Palo Alto property owner and resident, I’m disappointed that the Palo Alto City Staff revised an ordinance to not match the Council’s motion of December 5, 2023, as approved for the new PC governing 702 Ellsworth Place.
We very much appreciate how you and other Council members worked hard to implement safety standards regarding issues brought forth by the Ellsworth Place neighbors. But then, City Staff reinterpreted motion line item 2 and deferred line item 3 without good reason.
This is not
how a democratic process should work.
Please remove agenda item #7 from the 2nd reading so City Staff can revise the ordinance to match the Council’s motion.
Best regards,
Bhanu Iyer
712 Ellsworth Place
Palo Alto
650-269-4476
Item 7
Attachment E - Item 7
February 5th Public
Comments (1)
Item 7: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: March 4, 2024
Report #:2401-2520
TITLE
Approval of the 2024 City Council Priority Objectives and Finance Committee and Policy & Services Committee Workplans
RECOMMENDATION
Approve the 2024 City Council Priority Objectives, and workplans for Finance Committee and Policy & Services Committee.
BACKGROUND
On January 29, 20241, the Council held its annual retreat to approve the 2024 Council Priorities.
The Council Handbook2 defines a priority as a topic that will receive unusual ad significant attention during the year. With only minor edits, the Council voted to keep the existing Priorities for another year, they include:
•Economic Development and Transition
•Climate Change and the Natural Environment: Protection and Adaptation •Housing for Social and Economic Balance
•Community Health, Safety, Wellness and Belonging
Each Council Priority area encompasses a set of specific, measurable, attainable, relevant, and time-bound (SMART) Objectives. These Objectives primarily consist of Council actions and engagement required throughout the calendar year to further the adopted priorities. Council engagement may include a variety of forms, such as Council approval, committee/council ad hoc review and recommendations, legislative advocacy, regional board/committee 1 City Council Retreat, 1/29/2024:
2 City Council Handbook: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/city- charterprocedures/2023-adopted-council-protocols-and-procedures-manual-5.2023.pdf Item 8
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representation, and budgetary actions. Using 2023 Priority Objectives as a baseline, staff has evaluated and included a proposed list for Council consideration in 2024.
In addition to Priority Objectives, Council evaluates progress on topics and issues of interest through the approval of Committee Workplans. Finance Committee and Policy & Services Committee Workplans are also included for Council consideration and approval.
ANALYSIS
The 2024 Council Proposed Priority Objectives list is ambitious with a total of 75 Objectives.
This can be compared to the 72 objectives approved by the Council in calendar year 2023.
During its annual retreat, Council reflected on 2023 accomplishments and expressed appreciation for progress made and overall advancement in each priority area, though also acknowledged the actual rate of completion in 2023 was approximately 50% and approximately 70% were completed or on-track. The proposed 2024 workplan reflects alignment with prior Council direction, the identified priorities, and regulatory requirements. Staff have estimated that several objectives will require additional resources to complete as outlined. Allocation of additional funding is not always a complete solution to overcome obstacles for completion.
Timelines to procure consultant support, or the process to recruit, onboard, and train new staff delay the City’s ability to begin or maintain the pace of work on these projects, especially within the 2024 calendar year timeframe outlined, of which the first 2 months have passed.
Attachment A is the summary of 2024 Objectives. It includes new Objectives and 2023 objectives carried over that were not completed for consideration. The table is organized with the following information:
•Revised/New- Revised Objectives (R) refer to those not completed in 2023 and may have been revised to reflect 2024 goals. These will include the previous number/letter as identified on the 2023 workplan in parentheses. New Objectives (N) reflects an action or project that is new to 2024 and was not on the 2023 workplan. •Objective Description- Summarizes the activity to be accomplished in calendar year 2024, with more detail to follow in the Objective narrative. •Estimated Completion- Reflects the 2024 calendar quarter in which the Objective is estimated to be completed. Q1 is January-March, Q2 is April-June, Q3 is July-September, and Q4 is October-December.
•Council Priority Crossover- Identifies which Council Priorities the Objective supports, as some could fit in several Priority areas.
•Funding Needed- Reflects a project that requires additional resources (staffing, capital investment, or professional services) to achieve and complete the activity beyond current budgeted levels. ’$‘ is up to 50K, ’$$‘ is 51-400K, ’$$$‘ is 500K+ A few 2023 Objectives were dropped from the list and are outlined below. Some have been replaced by alternative Objectives that better align with Council priorities.
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•Align Business Improvement District (BID) priorities and investments to the Comprehensive ED Strategy (g). Discussion of the Downtown Business Improvement District is expected to continue in the discussions with the economic development priorities, but we do not expect this work to mature sufficiently in 2024 to allow realignment of BID priorities and investments to occur this calendar year. •Approve operations and maintenance agreements with Valley Water purified water facility at LATP Area B (y)
•Create new affordable housing opportunities through funding such as a housing land trust, in particular, CalCHA (gg)
•Explore opportunities to regulate short-term rentals with Council committee (hh) •Respond to various Grand Jury recommendations related to Housing (HSEB 6, 17, 24) (kk)
•Develop a citywide strategy to connect unhoused residents to housing and services (qq).
This is replaced by a gap analysis that would identify any areas that the City could feasibly work towards within our own abilities.
Council may decide to add these objectives back to the 2024 Proposed Council priorities, after discussing and conferring with staff regarding their urgency and consideration of an attainable expectations for the 2024 objectives in full.
Finance and Policy & Services Standing Committee Workplans Attachment B and C reflect the current draft workplans for the two City Council standing committees that meet monthly, Finance Committee and Policy & Services Committee. These workplans reflect annual agenda items and current referrals from Council. Staff expects that as work progresses on the 2024 objectives, some objectives will use these committees for review and feedback and will be added throughout the year as appropriate to ensure continued progress on the objectives. Council can identify if any referrals are missing from the list in the workplan attachments.
FISCAL/RESOURCE IMPACT
Council approval of Priority Objectives does not have an immediate fiscal impact; however, resources will need to be allocated to non-resourced projects to implement Council Priorities.
Opportunities to resource projects include the FY 2025 annual budget process, with adoption scheduled for June 2024. In addition, Council may amend the budget in alignment with the municipal code regulation at its normal Council meetings throughout the year.
STAKEHOLDER ENGAGEMENT
Council, community and stakeholder engagement is a key area of focus that is woven into the workplans to implement the proposed Council objectives contained in this report. Should the Council revise or add to the proposed objectives list, staff will develop engagement plans to Item 8
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support each project. Attachment D includes examples of the various community engagement strategies used to advance the Council Priorities and Objectives.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the Council discussion on 2024 Priority Objectives is a continuing administrative or maintenance activity. CEQA Guidelines section 15378 (b)(2).
ATTACHMENTS
Attachment A: 2024 Proposed Council Priority Objectives Attachment B: Finance Committee 2024 Tentative Topics
Attachment C: Policy & Services Committee 2024 Tentative Topics Attachment D: Community Engagement Strategies
APPROVED BY:
Ed Shikada, City Manager
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2024 Proposed City Council Priorities and Objectives
Funding
Needs
Returning
/ New Objective Q1 Q2 Q3 Q4
ED
&T
CC&
NE
HS&
EB
CHS
W&
B
$ up to 50K, $$
51‐400K, $$$
500K+
Focus on Commercial Corridors, Downtown and California Ave N facilitate the establishment of sustainable business organization in the Cal Ave, DT, and Midtown districts xx N Engage Cal Ave merchants on high priority, rapid implementation projects, i.e. barrier replacement, street cleaning, maintenance, access, signage and outdoor dining guidelines xx $ $
R Develop permanent Cal Ave car‐free steetscape design through engagement with Cal Ave merchants and community stakeholders (h) xx x N Initiate preliminary analysis and stakeholder engagement on a car‐free streetscape design for Ramona Street xx $ $ N Develop pre‐approved parklet designs with stakeholder outreach, for Council approval xx R Implement ongoing parklet program in compliance with adopted parklet standards, leveraging pre‐approved designs (e) xx N Advance Downtown Parking garage in conjunction with advancement of affordable housing in the Downtown xx x N Advance complete build out of fiber pilot phase 1 with grid modernization xx x Support Economic Development and Business Transition
N Establish regular engagement with retail brokers in the area to create stronger connections and understand how the City may be able to help promote available spaces xx N Research and evaluate options for implementing a public‐private small and local business and incubation and vacant storefront program connecting landlords experiencing vacancy with small and local‐businesses that may be seeking brick and mortar spaces xx R Conduct business stakeholder outreach and present to Council recommendations for a citywide retail zoning strategy and receive direction for zoning ordinance implementation (k) xx
Climate Change Protection
R Deploy 65,000 residential Advanced Metering Infrastructure (AMI) meters by end of 2024 (l) xx N Conduct community engagement and data collection and analysis to develop a Safe Streets for All (SS4A) Safety Action Plan for Council approval in 2024 xx x R Continue community engagement efforts to inform the update and receive Council feedback on the 2025 Bicycle and Pedestrian Transportation Plan (BPTP) characteristics in preparation for next steps including environmental review and adoption in 2025 (m) xx x R Complete initial pilot area of electric grid modernization (p) xx N Initiate development of a model to transition gas utility including community outreach and policy discussions xx R Continue to improve the Advanced Heat Pump Water Heater Pilot Program in preparation for a full‐scale program (q) xx R Adopt a residential whole home electrification pilot program (r) xx R Refine existing HVAC pilot program to encourage participation as a next step toward a 2025 Council approved commercial rooftop HVAC electrification advanced pilot program(s) xx
R Develop and approve an Electric Vehicle Strategic Plan (t) xx N Develop an EV Replacement Program for the City Fleet xx R Develop and initiate implementation of a Reliability and Resiliency Strategic Plan (u) xx R Develop draft S/CAP funding study with Council input (v) xx N Evaluate and report out Palo Alto Link pilot performance and consider continuation and/or expansion of future services xx x N Begin community engagement to consider parking policy updates that enhance customer satisfaction, improve program sustainability, and aligns with S/CAP mobility goals xx x N Amend local building regulations to establish a "one Margin" energy efficiency standard, to allow installation of natural gas plumbing while imposing more stringent energy efficiency and all‐electric readiness requirements to all new buildings xx N Initiate the 2026 California Building Standards Code update, including the California Green Building Standards Code xx N Complete community engagement for the Airport’s Long‐Range Facilities & Sustainability Plan in accordance with Federal requirements and hold a study session with Council on the draft plan x
N Council selection of a locally preferred alternatives for City Rail/Grade Separation project at Churchill Avenue, Meadow Drive, and Charleston Rd. xx x Climate Change Adaptation: Flood Protection
R Advocate for the San Francisquito Creek Flood Protection capital project (Reach 2) through Council’s JPA representation and any Council approvals involved (w) xx x R Complete design and right‐of‐way acquisition, obtain regulatory permits, finalize project funding needs including potential Council advocacy with State legislators, and approve construction contract for the Newell Road Bridge Replacement project (x) xx x R Coordinate with Federal and regional partners on a path forward exploring the development of a Sea Level Rise Adaptation Plan (5) xx x Natural Environment x
R Approve stream/creek corridor setback ordinance (4) xx x R Approve a bird safe glass and wildlife light pollution protections ordinance (6) xx Advance Housing Plans
R Approve project funding and a consultant contract to develop and identify housing opportunity sites through the Downtown Housing Plan, including community outreach (dd) xx x x
R Submit a compliant Housing Element to the state department of Housing and Community Development (ee) x x R Approve final North Ventura Coordinated Area Plan (NVCAP) (ff) x x N Receive Cal Poly San Luis Obispo student‐led concept plan for San Antonio Corridor x x R Approve consultant contract to initiate a Specific Plan for San Antonio Road Corridor including project goals and outcomes (8) xx Implement Housing Production Policies
N Initiate a review and make recommendations for a possible extension of the Housing Focus area to other geographic locations along El Camino Real x x N Consider funding affordable housing related projects based on responses to a Notice of Funding Availability (NOFA) x x N Approve a consultant contract to assess housing development impact fees for the conversion from a per unit to per square foot basis x x$ $ R Refine implementation of City’s SB9 objective development and urban lot split standards (HSEB 14) (ll) X x N Adopt an ordinance that implements Housing Element Program 3.4 related to the housing incentive program x x N Amend the municipal fee schedule and prepare economic feasibility analysis that implements Housing Element Program 3.1 related to fee waivers and adjustments x x$ $ N Initiate a study implementing Housing Element Program 6.5 related to alternative housing types x x$ $ N Adopt an ordinance implementing various Housing Element Programs xx N Initiate analysis to amend the zoning code to implement Housing Element Program 3.9 related to commercial floor area xx Support Unhoused Service Initiatives
R Partner with Santa Clara County Housing Authority to achieve 2024 milestones on construction timeline for Palo Alto Homekey project to provide transitional housing and services for unhoused residents (pp) x xx
N Conduct a gap analysis of housing and services for the unhoused in Palo Alto, considering Council direction, City activities and work, and County activities and work. x xx $ N Initiate research to understand Palo Alto unhoused population and explore feasibility of expanding safe parking options on Geng Road. x xx Advance Renter Protection Policies
N Council discussion of possible ordinance related to fair chance renter policy x xx N Council discussion of possible anti‐rent gouging policy x xx N Finalize development plan to maintain affordability and improve conditions at Buena Vista Mobile Park x R Approve a service contract to initiate Renter Registry implementation (cc) x xx Mental & Physical Health and Belonging
R Complete reopening of libraries to budgeted level (rr) xx R Approval of multi‐year agreement for provisions of animal shelter services (ss) xx R Develop a workplan to enhance community special events with focus on inclusion (tt) xx x R Reach a tentative agreement with PAUSD on long term use of the Cubberley property (uu) xx R Evaluate Recreation Wellness Center Feasibility (vv) xx R Evaluate HSRAP funding allocation as a percent (%) of the General Fund (11) xx R Facilitate a location for La Comida in North Palo Alto (12) xx R Increase support and funding for youth mental health (13) xx N Complete Trusted Response Urgent Support Team (TRUST) Augmentation pilot and evaluate the effort xx Invest in Reliable Safety Infrastructure and Systems
R Support visible police presence by ensuring stable staffing (recruiting and retention) through hiring ahead program (ww) xx N Initiate upgrade of Police Department field based video hardware x x $$$ R Approve vendor selection for 911 dispatch system (CAD provider) (yy) xx R Approve updated Local Hazard Mitigation Plan and Community Wildfire Protection Plan (aaa) xx x R Update Foothills Fire Management Plan (bbb) xx x
R Complete construction of the new Public Safety Building including department move‐in (ccc) xx R Council award of a construction contract for Fire Station No. 4 Replacement (ddd) xx R Approve consulting contract to initiate work, including stakeholder engagement, related to the Seismic and Resiliency Ordinance (eee) xx x Reduction of Noise and Air Quality Pollution x
N Initiate work to conduct a Quiet Zone study at Churchill Ave, Meadow Drive, and Charleston Rd and begin initial analysis and regional stakeholder outreach. xx R Implement strategies for promoting unleaded fuel and phasing out leaded fuel (ggg) xx R Continue engagement with San Francisco Airport on SFO's Ground Based Augmentation System (GBAS) project and other potential opportunities to decrease SFO noise impacts on Palo Alto (iii) xx x x
Total 75 Objectives
Economic Development & Transition (ED&T)
CLIMATE CHANGE & THE NATURAL ENVIRONMENT: PROTECTION & ADAPTATION (CC&NE) HOUSING FOR SOCIAL & ECONOMIC BALANCE (HS&EB)
COMMUNITY HEALTH, SAFETY, WELLNESS & BELONGING (CHSW&B) Estimated
Completion
Council Priority
Crossover
Item 8
Attachment A - 2024
Proposed Council Priority
Objectives
Item 8: Staff Report
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ATTACHMENT B
FINANCE COMMITTEE TENTATIVE TOPICS
CALENDAR 2024
As of February 22, 2023
See the end of the document for information on the completed 2023 referrals as well as the outstanding and on hold referrals to date.
January
• Mayor appoints Committee and designates Chair; usually no FC meeting
February
• Preliminary Review of Utilities Advisory Commission Rate Forecasts and Financial Plans: Gas, Electric, Water, Wastewater Collection
March
• Council Referral: Allocation of General Fund for Human Services Resource Allocation Process (HSRAP) [tentative]
April
• Utilities Advisory Commission Rate Forecasts and Financial Plans: Gas, Electric, Water, Wastewater Collection
• Rate Schedule Storm Water Management Fee
• Council Referral: Junior Museum & Zoo (JMZ) organizational review and pricing changes [tentative]
May
• Annual Budget Review: Operating + Capital Five Year Plan • Daytime meetings, tentative schedule 5/7, 5/8, and 5/21 or 5/28 • Fiscal Year 2024 Municipal Fee Schedule
• Retiree Healthcare Plan and Annual Actuarially Determined Contributions (ADC)- Biannual report
June
• Third Quarter Fiscal Year 2024 Financial Report
• Adoption of Fiscal Year 2024 Investment Policy (to be done by June 30 per code)
Item 8
Attachment B - Finance
Committee 2024
Tentative Topics (as of Feb
22)
Item 8: Staff Report
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ATTACHMENT B
July
No meeting; Council Break
August
September
• Accept California Public Employees’ Retirement System (CalPERS) Pension Annual Valuation Reports as of June 30, 2023
• Every 3-4-year review/decision on pension funding policy assumptions next review scheduled for FY 2026.
October
• Planning and Development Services Fee Study [tentative]
November
• Discussion and Recommendation to the City Council to Accept the Macias Gini & O'Connell's Audit of the City of Palo Alto's Financial Statements as of June 30, 2024 and Management Letter
• Discussion and Recommendation to Approve the Fiscal Year (FY) 2024 Comprehensive Annual Comprehensive Financial Report (ACFR) and Approve Budget Amendments in Various Funds
December
• Review and Forward the FY 2026 - FY 2035 Long Range Financial Forecast • First Quarter Fiscal Year 2025 Financial Report
• Informational: Report out on Status of Committee Referrals
Referred Topics:
A full report on the status of Finance Committee referrals and the status can be found here1, Item 1 on the December 5, 2023 agenda.
1) COMPLETED: Evaluation of Printing & Mailing Services levels and service delivery. 2) COMPLETED: Dialogue with PAUSD regarding cost-sharing for mutual activities 3) PENDING: Parking Permits Pricing and Parking Permit Funds Financial Status. Staff initiated, review is expected to begin in FY 2025.
1 Finance Committee, December 5, 2023, Item #2, CMR #2307-1794:
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=2874&meetingTemplateType=2&comp iledMeetingDocumentId=8595
Item 8
Attachment B - Finance
Committee 2024
Tentative Topics (as of Feb
22)
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POLICY & SERVICES TENTATIVE TOPICS
CALENDAR 2024
As of February 22, 2024
See the end of the document for information on the completed 2023 Referrals as well as the outstanding and on hold referrals to date. There is also a section of proposed referrals to remove.
January
• Mayor appoints Committee and designates Chair; no Policy & Services Committee meeting
February
• Auditor Task Order Report
• Auditor Quarterly Report
• Council Referral: Procedures and Protocols: (Council Referral from March 20, 2023) establishment of appropriate parameters for Council Discretionary Expenditures (Protocols Section 4, X.1 (consider modifying Section 4, X.1 to allocate $2,000 annually from the contingency fund for each Council Member to decide its purpose))
• Council Referral: Discussion of the Creation of the Advisory Committee regarding Council Compensation
March
• Update: Summary of Recent Race and Equity Work since late 2023 • Follow up on the Council Discretionary funds referral • Auditor Report – ??
• Auditor Report – ??
April
• Auditor Report – ??
• Auditor Report – ??
• Legislative Update Townsend Virtual (then Update at May City Council)
May
• Public Safety Building Construction Audit
• Quarterly Audit Status Report
June
• Audit Report [tentative]
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Attachment C - Policy and
Services 2024 Tentative
Topics (as of Feb 22)
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No meeting; Council break
August
• Quarterly Audit Status Report (April-June) [tentative] • Legislative Update (then Council in late August/early September)
September
October
• Quarterly Audit Status Report (July-Sept) [tentative] • Audit Report [tentative]
• Quarterly Race and Equity Update: Summary of Recent Race and Equity Work
November
• Procedures & Protocols Handbook Discussion (Annual Discussion) • Legislative Agenda and Guidelines (can also go in December) • 2024 City Council Priorities Discussion (includes discussion on process)
December
• Informational: Report out on Status of Committee Referrals • Discussion of Council Priority Setting Retreat
Completed Referrals (status and date of referral):
1. COMPLETED: From June 19, 2023: Friendship Cities (Motion from June: to refer the Colleagues Memo for Approval of a “Friendship City” Program to Policy and Services Committee for further discussion and to review the staffing impacts of this program). [completed February 2024]
2. COMPLETED: City Council Procedures and Protocols Handbook Referrals from April 2023: Council Organization, Video Participation, Board Commission Liaison Role, Board/Commission Lobbying (Council action on Feb. 5, 2024)
3. COMPLETED? Referral: Leaf blowers
4. COMPLETED: Review and discussion of Use of Force (UOF) reports to evaluate current policies and effectiveness of the UOF reports and recommend modifications if necessary (referral from Apr. 2022; updates included in Race and Equity reports)
5. COMPLETED: Rental Registry Update (linked to Council Referral from Nov. 29, 2021: Renter Protections: Staff to go to P&S with updated language in ordinance for a renter survey and estimates on effort to enforce it for P&S discussion)
Pending Referrals (status and date of referral):
1. PENDING: December 4, 2023: Consideration of the Creation of an Advisory Committee to review Council Member Compensation – P&S Agenda for Feb. 13, 2024 first conversation
2. PENDING: City Council Procedures and Protocols Handbook Referrals from April 2023: Council Item 8
Attachment C - Policy and
Services 2024 Tentative
Topics (as of Feb 22)
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3. PENDING: Continued follow up of: Seismic Ordinance Update
Items Moved to the Housing Ad Hoc:
1. Council Referral from Nov. 29, 2021: Renter Protections: Bring to P&S [a] proposal & discussion on expanding anti-gouging measure to address loopholes moved to ad hoc:
2. C ouncil Referral from Nov. 29, 2021: Renter Protec tions: Fair chance ordinance to be reviewed by P&S for analysis on consequences/unintended consequences moved to ad hoc
3. R eferral from 2021: Council Referral – Affordable Housing Funding (from August 16, 2021 Council Meeting) moved to ad hoc
Council Action Needed to Retain:
• Continued Item from November 2021: City Council Referral: Policy and Services Committee to Recommend Strategies to Support and Strengthen Neighborhood Programs, Identify Gaps in Existing Neighborhood-based Services, and Evaluate new Strategies as Proposed in the Colleagues' Memo Regarding a Proposed Program for Neighbor Connection • CalCHA follow up actions (Motion below)
• Review City Council Colleagues’ Memo Referring Policy Changes on Short Term Rentals (referral from Dec. 12, 2022)
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Attachment C - Policy and
Services 2024 Tentative
Topics (as of Feb 22)
Item 8: Staff Report
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Services 2024 Tentative
Topics (as of Feb 22)
Item 8: Staff Report
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ATTACHMENT D
Community Engagement Strategies
To support Council discussion on community engagement, the following provides examples of engagement between the community and Council. These efforts aim to advance the Council Priorities Objectives by fostering community awareness, boosting civic participation, and gathering stakeholder input.
General approaches include town halls, community information sessions, office hours, neighborhood meetings, online surveys, polls, and digital engagement platforms. These efforts fall into three areas of focus:
•topic-based community engagement to help inform Council decision-making •general engagement such as listening sessions/opportunities that are open-ended •following-up/closing the loop on issues raised by community members The City employs a diverse array of engagement strategies and methodologies, customizing them based on the audience, desired input, and timeframe to effectively gather feedback for informed decision- making. The City uses the International Association for Public Participation (IAP2) as a framework to organize community involvement, ensuring alignment with the specific input or feedback required for each project or issue:
•Inform: Fact sheets, webpages, blog posts, information sessions, open houses, frequently asked questions, website feedback forms, information campaigns •Consult & Involve: Surveys, focus groups, questions and answer sessions, office hours, public meetings like community meetings, town halls, panel discussions, workshops, polling, community meetings
•Collaborate & Empower: Working groups, ad hoc groups, feedback groups, boards, commissions and committee meetings, community advisory panels, advisory groups, digital engagement platforms, and voter ballot measures.
Recent engagement tools discussed by the Council are summarized here for further input and discussion:
•Use of Citizen advisory committees – Council referred to the Policy & Services Committee interest in establishing a committee to advise on councilmember compensation and discussing next steps.
•Establishment of new boards or commissions – While not explicitly directed by Council at this point, the City’s Economic Development Strategy calls for the City to convene new or reinvigorated business organizations in Downtown, California Avenue, and Midtown business districts. Staff is currently working with the Chamber of Commerce and business stakeholders to establish regular meetings in a format that will foster sustained engagement which tie to specific proposed objectives contained in this report.
•Consideration of Ballot measures – If the Council is interested in advancing issues for voter consideration, proposals must be largely finalized by June.
Item 8
Attachment D -
Community Engagement
Strategies
Item 8: Staff Report
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ATTACHMENT D
At this year’s Council retreat, the Council discussed utilizing and formalizing Council Ad Hoc committees to advance engagement on specific topic areas such as:
•Housing
•Retail
•Sustainability/Climate Action Plan
•Cubberley
•Stanford
In addition, Council committees and existing boards, commissions and committees are actively used to facilitate community conversations on various topics throughout the year.
The City also looks to neighborhood, educational, and community organizations such as Palo Alto Neighborhoods (PAN), Stanford University, Emergency Service Volunteers, churches, parent and youth groups, and many more to engage and inform. These existing groups share engagement opportunities with their community networks, acting as ambassadors for increased public dialogue and engagement.
The City's website remains a reliable hub, frequented by the community, with over 900,000 users last year. Visitors accessed event details, service information, and engaged through online forms, FAQs, white papers, fact sheets, general surveys, and the new City Service Feedback tool available at www.cityofpaloalto.org. OpenForms, our website survey/poll resource, gains input on various topics on an annual basis. The Community Engagement web page at www.cityofpaloalto.org/engage is a direct connection to the City’s Open Town Hall as well. The City Service Feedback tool has received 140 responses from community members providing service level input. Palo Alto 311 while largely a reporting tool, alerts staff to issues with the opportunity for direct engagement with the community who reported the concern. In 2023, there were over 5,500 community requests submitted.
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Attachment D -
Community Engagement
Strategies
Item 8: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Planning and Development Services
Meeting Date: March 4, 2024
Report #:2402-2611
TITLE
Accessory Dwelling Unit (ADU) Year End Report (Quarter 1 through 4 of CY 2023)
RECOMMENDATION
This is an informational report, and no action is required.
BACKGROUND/ANALYSIS
This report transmits information related to application activity for accessory dwelling units (ADU), including junior accessory dwelling units (JADU) for calendar year 2023. Since 2015, the City has received 664 ADU/JADU building permit applications and issued 500 permits. In 2023, there were 29 (19%) applications less than the previous calendar year. Despite the decrease in new ADU/JADU applications submitted, the City saw nearly an equal number of permits issued, with a modest 5% increase over the previous calendar year. It is also notable that there was a significant uptick in ADU/JADU permits receiving their “Final Inspection”, with 39 additional permits receiving their final inspection or an increase of approximately 39% over the previous calendar year.
As it relates to the Housing Element, the data continues to support the anticipated housing unit production expected from ADU/JADUs for the current housing element cycle. Throughout 2023, the ADU sizes range from 227 to 1,000 square feet, with an average size of 571 square feet.
Approximately 41% of applications are located north of Oregon Expressway, and 59% are located south of Oregon Expressway. This is a change in the historical pattern of the City receiving a majority of ADU and JADU applications for parcels north of Oregon Expressway.
Further details can be found in Table 1 of Attachment A.
FISCAL/RESOURCE IMPACT
This informational report has no fiscal impact.
ENVIRONMENTAL REVIEW
Exempt from environmental review under Section 15061 of the CEQA Guidelines.
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ATTACHMENTS
Attachment A: 2023 Year End ADU/JADU Data
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 9
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Table 1: Summary of ADU Permits from 2015-2023
Category 2015 2016 2017 2018 2019 2020 2021 2022 2023
New ADU Applications
Filed1 10 9 28 55 75 78 136 151 122
Permits: Ready to Issue
(City Approved)2 8 5 12 39 62 46 112 127 135
Permits: Issued (Permit
Obtained)3 8 5 12 36 62 43 89 120
125
Permits: Final
Inspection Approved4 3 4 9 12 33 46 37 62 101
Permits Expired 1 1 1
Detached ADUs
(Submitted)5 20 35 52 52 80 80 48
Detached ADUs
(Issued)5 8 24 41 33 55 64 57
Attached ADUs
(Submitted)6 8 20 23 20 56 44 43
Attached ADUs
(Issued)6 4 11 21 9 34 32 40
Junior ADUs
(Submitted)7 1 1 1 25 27 31
Junior ADUs (Issued)7 1 1 1 9 24 28
Average Application
Processing Time (Days
Including Weekends)8
127 214 118 183 135 197 162 193 187
Average Construction
Time (Days Including
Weekends)9
578 751 330 287 173 262 455 431 496
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City Impact Fees
Collected for New
ADUs10
$451,514 $402,012 $198,962 $44,057 $139,592 $540,453
$487,322
ADU Size Smallest11 150 SF 159 SF 220 SF 208 SF 178 SF 192 SF 227SF ADU Size Largest11 900 SF 900 SF 1,031 SF 1,000 SF 1,218 SF 2,217 SF 1000 SF Average ADU Size11 470 SF 469 SF 383 SF 518 SF 550 SF 589 SF 571SF
ADU Location
Relative to
Oregon
Expressway11
North 46% 49% 52% 55% 49% 52% 41%
South 54% 51% 48% 45% 51% 48% 59%
Source: City of Palo Alto Accela Data January 2015 through December 31, 2023
Notes:
1. Any ADU/JADU Application SUBMITTED for the year
2. Any ADU/JADU application Permit 'READY TO Issue' for the year (regardless of when it was submitted)
3. Any ADU/JADU Permit ISSUED for the year (regardless of when it was submitted)
4. Any ADU/JADU Permit receiving a Final Inspection (Ready to Occupy) for the year, regardless of when the application wassubmitted. Years 2015-2017 data point not available.
5. Any Detached ADU Permit Application submitted for the year/Any Detached ADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available.
6. Any Attached ADU Permit Application submitted for the year/Any Attached ADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available.
7. Any JADU Permit Application submitted for the year/Any JADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available.
8. Average number of days from permit application submittal to when permit is approved and ready to issue. This average includes weekends and days application is pending due to applicant preparation of resubmittal or additional information from applicant.
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9. Average number of days from permit issued to final inspection completed. This average includes weekends and days staff is waiting for applicant to schedule the next required inspection; it also includes time related to the construction of a primary residence when the J/ADU is built at the same time.
10. Impact Fees collected for ADU’s permitted for the year. Years 2015 -2016 data point not available.
11. For new applications filed in the reporting period.
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ADU Applications Submitted for CY 2023 (Q1-Q4) New Construction Conversion Type of Conversion
# of
apps
Dwelling
Type
Project
Location
Zoning
District Date Filed Application
Status Attached Detached Attached Detached Garage Other Acc.
Structure/Space
# of
bdrms
ADU
Size
1 ADU NORTH R-1
12/26/2023
In Plan
Check x 1 800
2 JADU NORTH R-1
12/21/2023 Submitted x 0 382
3 ADU NORTH RM-15
12/20/2023
Pending
Resubmittal x x 1 464
4 ADU SOUTH R-1
12/15/2023
In Plan
Check x x 0 708
5 ADU SOUTH R-1
(7000)
12/13/2023
Pending
Resubmittal x 1 378
6 JADU NORTH R-2
12/12/2023
Pending
Resubmittal x x 2 400
7 ADU SOUTH R-1
12/11/2023
Pending
Resubmittal x 1 800
8 ADU SOUTH R-1
12/07/2023
Pending
Resubmittal x x 1 540
9 ADU SOUTH R-1
11/29/2023
Pending
Resubmittal x 2 748
10 ADU SOUTH R-1
(7000)(S)
11/27/2023
Pending
Resubmittal x 2 750
11 ADU SOUTH R-1
11/22/2023
Pending
Resubmittal x 1 481
12 ADU NORTH R-1
11/22/2023
Pending
Resubmittal x 2 750
13 ADU SOUTH R-1
(7000)
11/17/2023
Pending
Resubmittal x 1 385
14 ADU SOUTH R-1
(8000)(S)
11/14/2023
Pending
Resubmittal x 2 791
15 ADU NORTH R-1
(10000)
11/13/2023
Pending
Resubmittal x x 1 500
16 ADU SOUTH R-1
11/13/2023
Pending
Resubmittal x 2 784
17 ADU SOUTH R-1
11/09/2023
Pending
Resubmittal x 2 692
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ADU/JADU Data
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18 ADU NORTH R-1
11/06/2023
Pending
Resubmittal x x 2 749
19 ADU SOUTH R-1
11/06/2023
Pending
Resubmittal x 1 749
20 JADU NORTH R-1
11/01/2023
Pending
Resubmittal x x 1 386
21 JADU NORTH R-1
11/01/2023
Pending
Resubmittal x x 1 498
22 ADU NORTH R-1
10/24/2023
In Plan
Check x 1 501
23 JADU SOUTH R-1
10/19/2023
In Plan
Check x 0 227
24 JADU SOUTH R-1
10/17/2023
Pending
Resubmittal x 1 500
25 ADU SOUTH R-1
(8000)
10/06/2023
Permit
Issued x x 0 374
26 ADU SOUTH R-1
(7000)
09/29/2023
Pending
Resubmittal x 2 750
27 ADU SOUTH R-1
09/21/2023
Pending
Resubmittal x x 1 590
28 ADU SOUTH R-1
09/14/2023
In Plan
Check x x 1 499
29 JADU SOUTH R-1
09/14/2023
In Plan
Check x x 1 499
30 ADU SOUTH R-1
(8000)
09/14/2023
Pending
Resubmittal x 2 749
31 ADU SOUTH R-1
09/13/2023 Incomplete x x 1 372
32 ADU SOUTH R-1
09/13/2023
In Plan
Check x 1 456
33 ADU SOUTH R-1
09/12/2023
Pending
Resubmittal x x 1 333
34 ADU NORTH R-1
09/12/2023
Pending
Resubmittal x 1 366
35 ADU SOUTH R-1
(8000)
08/30/2023
In Plan
Check x 2 973
36 ADU NORTH R-1
08/29/2023
Pending
Resubmittal x 1 749
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ADU/JADU Data
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37 ADU NORTH R-1
08/25/2023
Pending
Resubmittal x 2 869
38 JADU SOUTH R-1
08/24/2023
Permit
Issued x 1 388
39 ADU SOUTH R-1
08/21/2023
Pending
Resubmittal x x 1 402
40 JADU SOUTH R-1
08/10/2023
Pending
Resubmittal x 1 416
41 JADU NORTH R-1
08/09/2023
Permit
Issued x 1 495
42 ADU NORTH R-1
08/09/2023
Permit
Issued x x 2 642
43 ADU SOUTH R-1
08/07/2023
Pending
Resubmittal x 1 778
44 ADU NORTH RMD
(NP)
08/01/2023
Pending
Resubmittal x 1 378
45 JADU NORTH RMD
(NP)
08/01/2023
Pending
Resubmittal x 1 385
46 JADU NORTH R-1
07/27/2023
Permit
Issued x 1 498
47 ADU SOUTH R-1
07/27/2023
Permit
Issued x 1 672
48 ADU SOUTH RE
07/27/2023 Submitted x 2 997
49 ADU NORTH R-1
(10000)
07/26/2023
Permit
Issued x x 1 800
50 ADU SOUTH R-1
(10000)
07/25/2023
Permit
Issued x 1 826
51 ADU NORTH R-1
07/21/2023
Permit
Issued x x 1 308
52 ADU SOUTH R-1
(8000)(S)
07/18/2023
Permit
Issued x 2 275
53 ADU NORTH R-
1(10000)
07/13/2023
In Plan
Check x 1 789
54 ADU SOUTH R-1 (S)
07/12/2023
Permit
Issued x x 1 467
55 ADU SOUTH R-1
07/11/2023
Pending
Resubmittal x x 1 600
Item 9
Attachment A - 2023 Year End
ADU/JADU Data
Item 9: Staff Report
Pg.
8 Packet Pg. 194 of 198
56 ADU SOUTH R-1
07/11/2023
Permit
Issued x 1 748
57 JADU SOUTH R-1
(8000)
07/06/2023
Pending
Resubmittal x 1 496
58 ADU NORTH R-2
07/05/2023
Permit
Issued x 1 677
59 ADU NORTH R-1 (S)
06/29/2023
Permit
Issued x 2 609
60 JADU NORTH R-1
06/27/2023
Permit
Issued x 1 498
61 ADU SOUTH R-1
06/20/2023
Permit
Issued x 2 750
62 ADU SOUTH R-1
(10000)
06/20/2023
Permit
Issued x 1 794
63 JADU SOUTH RM-15
06/19/2023
Pending
Resubmittal x 1 500
64 ADU NORTH R-1
06/12/2023
In Plan
Check x x 1 640
65 ADU NORTH RM-15
06/09/2023
Pending
Resubmittal x x 3 998
66 JADU NORTH R-1
06/08/2023
Permit
Issued x x 1 367
67 ADU NORTH R-1
06/07/2023 Incomplete x 1 999
68 ADU NORTH RMD
(NP)
06/06/2023
Permit
Issued x 2 808
69 ADU NORTH R-1
06/05/2023
Pending
Resubmittal x 1 726
70 ADU NORTH R-1
06/05/2023
Permit
Issued x 0 750
71 ADU SOUTH R-1
06/02/2023
Permit
Issued x 1 615
72 ADU SOUTH RE
06/01/2023
Permit
Issued x 2 1,000
73 ADU SOUTH R1
05/25/2023
Permit
Issued x 1 795
74 JADU NORTH R-1
05/24/2023
Pending
Resubmittal x 1 499
Item 9
Attachment A - 2023 Year End
ADU/JADU Data
Item 9: Staff Report
Pg.
9 Packet Pg. 195 of 198
75 ADU NORTH R-1
05/18/2023
In Plan
Check x 2 799
76 ADU SOUTH OS
05/17/2023
Pending
Resubmittal x x 1 584
77 ADU SOUTH R-1
05/16/2023
Permit
Issued x 1 503
78 ADU SOUTH R-1
05/15/2023
Permit
Issued x 1 373
79 JADU SOUTH R-1
(8000)
05/12/2023
Permit
Issued x x 1 492
80 JADU NORTH R-1
05/02/2023
Permit
Issued x x 1 230
81 ADU SOUTH R-1
05/02/2023
Permit
Issued x x 0 339
82 ADU NORTH R-1
(10000)
04/28/2023
Permit
Issued x 1 578
83 ADU NORTH R-1
04/27/2023
Permit
Issued x x 1 564
84 ADU NORTH R-1
04/27/2023
Permit
Issued x 2 800
85 JADU SOUTH R-1
04/25/2023
Permit
Issued x x x 1 497
86 ADU SOUTH R-1
04/20/2023
Permit
Issued 0 324
87 JADU SOUTH R-1
(8000)
04/20/2023
Pending
Resubmittal x 1 500
88 ADU NORTH R-1
(10000)
04/17/2023
In Plan
Check x 1 797
89 JADU NORTH R-1
04/11/2023
Pending
Resubmittal x 0 236
90 ADU NORTH R-1
04/10/2023
Permit
Issued x x 0 400
91 ADU SOUTH R-1
04/07/2023
Permit
Issued x 1 498
92 ADU NORTH R-1
04/03/2023
Pending
Resubmittal x x 1 252
93 ADU SOUTH R-1
(10000)
03/29/2023
Permit
Issued x 1 500
Item 9
Attachment A - 2023 Year End
ADU/JADU Data
Item 9: Staff Report
Pg.
10 Packet Pg. 196 of 198
94 ADU SOUTH R-1
(8000)
03/29/2023 Incomplete x 1 800
95 JADU SOUTH R-1
(10000)
03/28/2023
Pending
Resubmittal x 1 500
96 ADU SOUTH R-1
(10000)
03/28/2023
Pending
Resubmittal x 1 921
97 ADU SOUTH R-1
03/23/2023
Permit
Issued x 1 797
98 JADU NORTH R-1
03/17/2023
Pending
Resubmittal x x 0 401
99 JADU SOUTH R-1
(8000)
03/16/2023
Pending
Resubmittal x 1 534
100 JADU SOUTH R-1
03/15/2023
Permit
Issued x 1 499
101 ADU NORTH RM-30
03/10/2023
Pending
Resubmittal x 0 315
102 JADU SOUTH R-1
03/10/2023 Finaled x x 1 325
103 ADU SOUTH R-1
03/09/2023
Permit
Issued x x 1 391
104 ADU SOUTH R-1
(8000)
03/09/2023
Permit
Issued x 2 750
105 ADU SOUTH R-1
03/07/2023
Permit
Issued x 2 748
106 ADU NORTH RM-30
03/06/2023
Pending
Resubmittal x 1 409
107 ADU SOUTH R-1
02/16/2023
Permit
Issued x x 1 264
108 ADU SOUTH R-1
02/15/2023
Permit
Issued x x 1 440
109 JADU SOUTH R-1
02/13/2023
Permit
Issued x 1 479
110 ADU NORTH R-1
(10000)
02/09/2023
Permit
Issued x 1 810
111 ADU SOUTH R-1
02/06/2023
Permit
Issued x 1 480
112 ADU SOUTH R-1
02/02/2023
Pending
Resubmittal x 1 307
Item 9
Attachment A - 2023 Year End
ADU/JADU Data
Item 9: Staff Report
Pg.
11 Packet Pg. 197 of 198
113 JADU SOUTH R-1
02/02/2023
Pending
Resubmittal x x 1 358
114 ADU SOUTH R-1
(10000)
01/30/2023
Permit
Issued x 1 810
115 JADU NORTH R-1
01/25/2023
Permit
Issued x x 1 281
116 ADU NORTH R-1
(10000)
01/23/2023
Permit
Issued x x 1 734
117 JADU NORTH RMD
(NP)
01/11/2023 Finaled x x 0 284
118 ADU SOUTH R1-
(8000)(S)
01/11/2023
Permit
Issued x 1 471
119 ADU NORTH RMD
(NP)
01/11/2023 Finaled x x 2 836
120 ADU NORTH R-1
01/10/2023
Permit
Issued x 1 538
121 ADU SOUTH R-1
01/10/2023
Permit
Issued x 2 800
122 ADU SOUTH R-1
(8000)(S)
01/03/2023 Finaled x x 1 360
Item 9
Attachment A - 2023 Year End
ADU/JADU Data
Item 9: Staff Report
Pg.
12 Packet Pg. 198 of 198