CITY COUNCIL
Special Meeting
Monday, April 22, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)
1. Recognizing Youth Living in Palo Alto or Enrolled at PAUSD Who Have Received The President's Volunteer Service Award (PVSA) As Certified by Youth Community Service (YCS) This Academic Year Between July 1, 2023 – Feb 15, 2024.
CLOSED SESSION (5:45 ‐ 6:45 PM)
2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori
Post, Molly Stump, and Jennifer Fine) Employee Organization: Service Employees International Union,
(SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace
Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of
Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’ Association (FCA); Authority:
Government Code Section
54957.6 (a)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:45 ‐ 7:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:20 ‐ 8:20 PM)
3. Race and Equity Update: Assessment Report from Ivy Planning Group on City Workplace Culture and 2024‐2025 (Calendar Years) Equity Action Plan CONSENT CALENDAR (8:20 ‐ 8:25 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
4. Approval of Minutes from April 1, 2024 and April 8, 2024 Meetings
5. CONSENT: 261 Hamilton Ave: Upgrade Historic Inventory from Category 3 to Category 1
6. Adopt a Resolution Authorizing the City Manager or Their Designee to Execute an Amendment to the Power Purchase Agreement with Ameresco Half Moon Bay LLC for the Purchase of up to 60,000 Megawatt‐Hours per Year of Biogas Energy Over a Term of up to 20 Years for a Total Not to Exceed Amount of $147.2 Million; CEQA Status: Not a Project under CEQA Guidelines Section 15378(a)
7. Approval of Construction Contract Number C24190641A with Valhalla Builders, Inc. in the Amount of $460,900 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project up to a Not‐to‐ Exceed Amount of $46,090 for the Performing Arts Venues Seat Replacement Project at Lucie Stern Community Theatre, Capital Improvement Program Project AC‐18000; CEQA Status – Exempt Under CEQA Guidelines Section 15301
8. Approval of Professional Services Contract No. C24190042 With BKF Engineers in a Total Not‐to‐Exceed Amount for $283,250 for Land Surveying Services for One Year; CEQA – Not a Project.
9. Approval of a Five‐Year Technical Assistance Agreement with the United States Geological Survey in an Amount Not‐to‐Exceed $924,745 for Scientific Monitoring Services at the Regional Water Quality Control Plant Outfall and Horizontal Levee Pilot Project Site (WQ‐22001); CEQA Status‐ Categorically Exempt Section 15306
10. QUASI‐JUDICIAL. 739 Sutter Avenue [22PLN‐00201 and 24PLN‐00005]: Appeal of the Director's Decision to Approve a Streamlined Housing Development Review Application to Allow Deconstruction of An Existing 8 Unit Residential Rental Development and Construction of 12 Three‐Bedroom Condominium Units. The Project Also Includes a Request for Approval of a Vesting Tentative Map for a Condominium Subdivision. Zoning District: RM‐20. Environmental Assessment: Exempt from the California Environmental Quality Act per CEQA Guidelines Section 15332. For more information contact the Project Planner at HYPERLINK "mailto:[email protected]" \h [email protected].
CITY MANAGER COMMENTS (8:25 ‐ 8:40 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 11: 8:50 ‐ 9:50 PM, Item 12: 9:50 ‐ 10:35 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Review and provide input on Concept Plans for Quarry Road Transit Connection to the Palo Alto Transit Center and Adoption of a Resolution of Intention to Undedicate a portion of El Camino Park; CEQA status ‐ statutorily exempt per Pub. Res. Code § 21080(b)(12).
12. Addition of 16 properties to the City’s Historic Resources Inventory based on Owner interest. CEQA Status: Pursuant to Public Resources Code Section 21065, the Historic Designation of Properties is not a Project Subject to Environmental Review.
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project
14. Independent Police Auditor's (IPA) Report of Review of Investigations Between July and December 2023 and Police Department Use of Force Report for July ‐ December 2023 OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee April 23, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
1 April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, April 22, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)
1. Recognizing Youth Living in Palo Alto or Enrolled at PAUSD Who Have Received The President's Volunteer Service Award (PVSA) As Certified by Youth Community Service (YCS) This Academic Year Between July 1, 2023 – Feb 15, 2024.
CLOSED SESSION (5:45 ‐ 6:45 PM)
2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori
Post, Molly Stump, and Jennifer Fine) Employee Organization: Service Employees International Union,
(SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace
Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of
Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’ Association (FCA); Authority:
Government Code Section
54957.6 (a)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:45 ‐ 7:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:20 ‐ 8:20 PM)
3. Race and Equity Update: Assessment Report from Ivy Planning Group on City Workplace Culture and 2024‐2025 (Calendar Years) Equity Action Plan CONSENT CALENDAR (8:20 ‐ 8:25 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
4. Approval of Minutes from April 1, 2024 and April 8, 2024 Meetings
5. CONSENT: 261 Hamilton Ave: Upgrade Historic Inventory from Category 3 to Category 1
6. Adopt a Resolution Authorizing the City Manager or Their Designee to Execute an Amendment to the Power Purchase Agreement with Ameresco Half Moon Bay LLC for the Purchase of up to 60,000 Megawatt‐Hours per Year of Biogas Energy Over a Term of up to 20 Years for a Total Not to Exceed Amount of $147.2 Million; CEQA Status: Not a Project under CEQA Guidelines Section 15378(a)
7. Approval of Construction Contract Number C24190641A with Valhalla Builders, Inc. in the Amount of $460,900 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project up to a Not‐to‐ Exceed Amount of $46,090 for the Performing Arts Venues Seat Replacement Project at Lucie Stern Community Theatre, Capital Improvement Program Project AC‐18000; CEQA Status – Exempt Under CEQA Guidelines Section 15301
8. Approval of Professional Services Contract No. C24190042 With BKF Engineers in a Total Not‐to‐Exceed Amount for $283,250 for Land Surveying Services for One Year; CEQA – Not a Project.
9. Approval of a Five‐Year Technical Assistance Agreement with the United States Geological Survey in an Amount Not‐to‐Exceed $924,745 for Scientific Monitoring Services at the Regional Water Quality Control Plant Outfall and Horizontal Levee Pilot Project Site (WQ‐22001); CEQA Status‐ Categorically Exempt Section 15306
10. QUASI‐JUDICIAL. 739 Sutter Avenue [22PLN‐00201 and 24PLN‐00005]: Appeal of the Director's Decision to Approve a Streamlined Housing Development Review Application to Allow Deconstruction of An Existing 8 Unit Residential Rental Development and Construction of 12 Three‐Bedroom Condominium Units. The Project Also Includes a Request for Approval of a Vesting Tentative Map for a Condominium Subdivision. Zoning District: RM‐20. Environmental Assessment: Exempt from the California Environmental Quality Act per CEQA Guidelines Section 15332. For more information contact the Project Planner at HYPERLINK "mailto:[email protected]" \h [email protected].
CITY MANAGER COMMENTS (8:25 ‐ 8:40 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 11: 8:50 ‐ 9:50 PM, Item 12: 9:50 ‐ 10:35 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Review and provide input on Concept Plans for Quarry Road Transit Connection to the Palo Alto Transit Center and Adoption of a Resolution of Intention to Undedicate a portion of El Camino Park; CEQA status ‐ statutorily exempt per Pub. Res. Code § 21080(b)(12).
12. Addition of 16 properties to the City’s Historic Resources Inventory based on Owner interest. CEQA Status: Pursuant to Public Resources Code Section 21065, the Historic Designation of Properties is not a Project Subject to Environmental Review.
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project
14. Independent Police Auditor's (IPA) Report of Review of Investigations Between July and December 2023 and Police Department Use of Force Report for July ‐ December 2023 OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee April 23, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
2 April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, April 22, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)
1. Recognizing Youth Living in Palo Alto or Enrolled at PAUSD Who Have Received The President's Volunteer Service Award (PVSA) As Certified by Youth Community Service (YCS) This Academic Year Between July 1, 2023 – Feb 15, 2024.
CLOSED SESSION (5:45 ‐ 6:45 PM)
2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori
Post, Molly Stump, and Jennifer Fine) Employee Organization: Service Employees International Union,
(SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace
Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of
Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’ Association (FCA); Authority:
Government Code Section
54957.6 (a)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:45 ‐ 7:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:20 ‐ 8:20 PM)
3. Race and Equity Update: Assessment Report from Ivy Planning Group on City Workplace Culture and 2024‐2025 (Calendar Years) Equity Action Plan CONSENT CALENDAR (8:20 ‐ 8:25 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
4. Approval of Minutes from April 1, 2024 and April 8, 2024 Meetings
5. CONSENT: 261 Hamilton Ave: Upgrade Historic Inventory from Category 3 to Category 1
6. Adopt a Resolution Authorizing the City Manager or Their Designee to Execute an Amendment to the Power Purchase Agreement with Ameresco Half Moon Bay LLC for the Purchase of up to 60,000 Megawatt‐Hours per Year of Biogas Energy Over a Term of up to 20 Years for a Total Not to Exceed Amount of $147.2 Million; CEQA Status: Not a Project under CEQA Guidelines Section 15378(a)
7. Approval of Construction Contract Number C24190641A with Valhalla Builders, Inc. in the Amount of $460,900 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project up to a Not‐to‐ Exceed Amount of $46,090 for the Performing Arts Venues Seat Replacement Project at Lucie Stern Community Theatre, Capital Improvement Program Project AC‐18000; CEQA Status – Exempt Under CEQA Guidelines Section 15301
8. Approval of Professional Services Contract No. C24190042 With BKF Engineers in a Total Not‐to‐Exceed Amount for $283,250 for Land Surveying Services for One Year; CEQA – Not a Project.
9. Approval of a Five‐Year Technical Assistance Agreement with the United States Geological Survey in an Amount Not‐to‐Exceed $924,745 for Scientific Monitoring Services at the Regional Water Quality Control Plant Outfall and Horizontal Levee Pilot Project Site (WQ‐22001); CEQA Status‐ Categorically Exempt Section 15306
10. QUASI‐JUDICIAL. 739 Sutter Avenue [22PLN‐00201 and 24PLN‐00005]: Appeal of the Director's Decision to Approve a Streamlined Housing Development Review Application to Allow Deconstruction of An Existing 8 Unit Residential Rental Development and Construction of 12 Three‐Bedroom Condominium Units. The Project Also Includes a Request for Approval of a Vesting Tentative Map for a Condominium Subdivision. Zoning District: RM‐20. Environmental Assessment: Exempt from the California Environmental Quality Act per CEQA Guidelines Section 15332. For more information contact the Project Planner at HYPERLINK "mailto:[email protected]" \h [email protected].
CITY MANAGER COMMENTS (8:25 ‐ 8:40 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 11: 8:50 ‐ 9:50 PM, Item 12: 9:50 ‐ 10:35 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Review and provide input on Concept Plans for Quarry Road Transit Connection to the Palo Alto Transit Center and Adoption of a Resolution of Intention to Undedicate a portion of El Camino Park; CEQA status ‐ statutorily exempt per Pub. Res. Code § 21080(b)(12).
12. Addition of 16 properties to the City’s Historic Resources Inventory based on Owner interest. CEQA Status: Pursuant to Public Resources Code Section 21065, the Historic Designation of Properties is not a Project Subject to Environmental Review.
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project
14. Independent Police Auditor's (IPA) Report of Review of Investigations Between July and December 2023 and Police Department Use of Force Report for July ‐ December 2023 OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee April 23, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
3 April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, April 22, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)
1. Recognizing Youth Living in Palo Alto or Enrolled at PAUSD Who Have Received The President's Volunteer Service Award (PVSA) As Certified by Youth Community Service (YCS) This Academic Year Between July 1, 2023 – Feb 15, 2024.
CLOSED SESSION (5:45 ‐ 6:45 PM)
2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori
Post, Molly Stump, and Jennifer Fine) Employee Organization: Service Employees International Union,
(SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace
Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of
Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’ Association (FCA); Authority:
Government Code Section
54957.6 (a)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:45 ‐ 7:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:20 ‐ 8:20 PM)
3. Race and Equity Update: Assessment Report from Ivy Planning Group on City Workplace Culture and 2024‐2025 (Calendar Years) Equity Action Plan CONSENT CALENDAR (8:20 ‐ 8:25 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
4. Approval of Minutes from April 1, 2024 and April 8, 2024 Meetings
5. CONSENT: 261 Hamilton Ave: Upgrade Historic Inventory from Category 3 to Category 1
6. Adopt a Resolution Authorizing the City Manager or Their Designee to Execute an Amendment to the Power Purchase Agreement with Ameresco Half Moon Bay LLC for the Purchase of up to 60,000 Megawatt‐Hours per Year of Biogas Energy Over a Term of up to 20 Years for a Total Not to Exceed Amount of $147.2 Million; CEQA Status: Not a Project under CEQA Guidelines Section 15378(a)
7. Approval of Construction Contract Number C24190641A with Valhalla Builders, Inc. in the Amount of $460,900 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project up to a Not‐to‐ Exceed Amount of $46,090 for the Performing Arts Venues Seat Replacement Project at Lucie Stern Community Theatre, Capital Improvement Program Project AC‐18000; CEQA Status – Exempt Under CEQA Guidelines Section 15301
8. Approval of Professional Services Contract No. C24190042 With BKF Engineers in a Total Not‐to‐Exceed Amount for $283,250 for Land Surveying Services for One Year; CEQA – Not a Project.
9. Approval of a Five‐Year Technical Assistance Agreement with the United States Geological Survey in an Amount Not‐to‐Exceed $924,745 for Scientific Monitoring Services at the Regional Water Quality Control Plant Outfall and Horizontal Levee Pilot Project Site (WQ‐22001); CEQA Status‐ Categorically Exempt Section 15306
10. QUASI‐JUDICIAL. 739 Sutter Avenue [22PLN‐00201 and 24PLN‐00005]: Appeal of the Director's Decision to Approve a Streamlined Housing Development Review Application to Allow Deconstruction of An Existing 8 Unit Residential Rental Development and Construction of 12 Three‐Bedroom Condominium Units. The Project Also Includes a Request for Approval of a Vesting Tentative Map for a Condominium Subdivision. Zoning District: RM‐20. Environmental Assessment: Exempt from the California Environmental Quality Act per CEQA Guidelines Section 15332. For more information contact the Project Planner at HYPERLINK "mailto:[email protected]" \h [email protected].
CITY MANAGER COMMENTS (8:25 ‐ 8:40 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 11: 8:50 ‐ 9:50 PM, Item 12: 9:50 ‐ 10:35 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Review and provide input on Concept Plans for Quarry Road Transit Connection to the Palo Alto Transit Center and Adoption of a Resolution of Intention to Undedicate a portion of El Camino Park; CEQA status ‐ statutorily exempt per Pub. Res. Code § 21080(b)(12).
12. Addition of 16 properties to the City’s Historic Resources Inventory based on Owner interest. CEQA Status: Pursuant to Public Resources Code Section 21065, the Historic Designation of Properties is not a Project Subject to Environmental Review.
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project
14. Independent Police Auditor's (IPA) Report of Review of Investigations Between July and December 2023 and Police Department Use of Force Report for July ‐ December 2023 OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee April 23, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
4 April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, April 22, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:45 PM)
1. Recognizing Youth Living in Palo Alto or Enrolled at PAUSD Who Have Received The President's Volunteer Service Award (PVSA) As Certified by Youth Community Service (YCS) This Academic Year Between July 1, 2023 – Feb 15, 2024.
CLOSED SESSION (5:45 ‐ 6:45 PM)
2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori
Post, Molly Stump, and Jennifer Fine) Employee Organization: Service Employees International Union,
(SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace
Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of
Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’ Association (FCA); Authority:
Government Code Section
54957.6 (a)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:45 ‐ 7:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on number of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:15 ‐ 7:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:20 ‐ 8:20 PM)
3. Race and Equity Update: Assessment Report from Ivy Planning Group on City Workplace Culture and 2024‐2025 (Calendar Years) Equity Action Plan CONSENT CALENDAR (8:20 ‐ 8:25 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
4. Approval of Minutes from April 1, 2024 and April 8, 2024 Meetings
5. CONSENT: 261 Hamilton Ave: Upgrade Historic Inventory from Category 3 to Category 1
6. Adopt a Resolution Authorizing the City Manager or Their Designee to Execute an Amendment to the Power Purchase Agreement with Ameresco Half Moon Bay LLC for the Purchase of up to 60,000 Megawatt‐Hours per Year of Biogas Energy Over a Term of up to 20 Years for a Total Not to Exceed Amount of $147.2 Million; CEQA Status: Not a Project under CEQA Guidelines Section 15378(a)
7. Approval of Construction Contract Number C24190641A with Valhalla Builders, Inc. in the Amount of $460,900 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project up to a Not‐to‐ Exceed Amount of $46,090 for the Performing Arts Venues Seat Replacement Project at Lucie Stern Community Theatre, Capital Improvement Program Project AC‐18000; CEQA Status – Exempt Under CEQA Guidelines Section 15301
8. Approval of Professional Services Contract No. C24190042 With BKF Engineers in a Total Not‐to‐Exceed Amount for $283,250 for Land Surveying Services for One Year; CEQA – Not a Project.
9. Approval of a Five‐Year Technical Assistance Agreement with the United States Geological Survey in an Amount Not‐to‐Exceed $924,745 for Scientific Monitoring Services at the Regional Water Quality Control Plant Outfall and Horizontal Levee Pilot Project Site (WQ‐22001); CEQA Status‐ Categorically Exempt Section 15306
10. QUASI‐JUDICIAL. 739 Sutter Avenue [22PLN‐00201 and 24PLN‐00005]: Appeal of the Director's Decision to Approve a Streamlined Housing Development Review Application to Allow Deconstruction of An Existing 8 Unit Residential Rental Development and Construction of 12 Three‐Bedroom Condominium Units. The Project Also Includes a Request for Approval of a Vesting Tentative Map for a Condominium Subdivision. Zoning District: RM‐20. Environmental Assessment: Exempt from the California Environmental Quality Act per CEQA Guidelines Section 15332. For more information contact the Project Planner at HYPERLINK "mailto:[email protected]" \h [email protected].
CITY MANAGER COMMENTS (8:25 ‐ 8:40 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 11: 8:50 ‐ 9:50 PM, Item 12: 9:50 ‐ 10:35 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Review and provide input on Concept Plans for Quarry Road Transit Connection to the Palo Alto Transit Center and Adoption of a Resolution of Intention to Undedicate a portion of El Camino Park; CEQA status ‐ statutorily exempt per Pub. Res. Code § 21080(b)(12).
12. Addition of 16 properties to the City’s Historic Resources Inventory based on Owner interest. CEQA Status: Pursuant to Public Resources Code Section 21065, the Historic Designation of Properties is not a Project Subject to Environmental Review.
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project
14. Independent Police Auditor's (IPA) Report of Review of Investigations Between July and December 2023 and Police Department Use of Force Report for July ‐ December 2023 OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee April 23, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
5 April 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
City Council
Staff Report
From: City Manager
Report Type: STUDY SESSION
Lead Department: City Manager
Meeting Date: April 22, 2024
Report #:2403-2702
TITLE
Race and Equity Update: Assessment Report from Ivy Planning Group on City Workplace Culture and 2024-2025 (Calendar Years) Equity Action Plan
RECOMMENDATION
Receive a report from Ivy Planning Group as a follow up to City Council direction regarding an employee assessment that provides information about the City’s workplace culture.
BACKGROUND
The City of Palo Alto adopted its Race & Equity mission statement on November 16, 2020 as part of the City’s Race and Equity efforts. On that same evening, the City Council voted on 16 other actions/assignments to advance equity work on a range of topics from use of police data to a community summit on gender equity issues. Notably, the City Council decided to continue this work through the Policy and Services Committee on an ongoing basis. Staff has provided updates to the Committee on all of these assignments over the subsequent years. As of the most recent update report in March 2024, there are two partial assignments remaining:
- Assignment C: Starting after the full implementation of the Records Management System (RMS) and the first data collection period, direct Staff to resume annual data collection and analysis of police contact data similar to the previous Stop Data reports. - Assignment L: Direct Staff, in coordination with the City’s overall diversity and inclusion efforts, to conduct a workforce demographic assessment as baseline information and to pursue an employee assessment to measure City workforce culture.
Details on both assignments as well as the other completed assignments are available in the March 2024 Policy and Services Committee Race and Equity Report.1 As part of Assignment L, staff engaged with Ivy Planning Group to conduct an employee assessment regarding workplace 1 Policy and Services Committee March 2024 Race and Equity Update Report, item #1:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14205 Item 3
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culture. This study session presents Ivy’s key findings, Ivy’s blueprint of actions the City can pursue, and staff’s 2024-2025 (calendar years) Equity Action Plan which includes some of the recommended actions from the Ivy Assessment as well as other action items reflecting previous Council direction. The Action Plan is proposed as a list of items staff believes is possible to move forward with existing resources at this time.
ANALYSIS
Ivy Planning Group is an award-winning, full-service management consulting, and training firm that leverages difference as a workforce, workplace, and community opportunity for organizations. Founded in 1990, the Ivy Planning Group has worked with many clients over the years, and they have a passion for leadership development, change management, and using diversity, equity, and inclusion solutions to solve real world problems. The City engaged with Ivy Planning Group for this assignment and to advance the diversity, equity, inclusion, and belonging work within the City workplace.
Attachment A contains the Summary Report from Ivy Planning Group detailing their methodology and five key findings. The report also includes their blueprint of possible actions the City can pursue based on the findings. The five key findings based on the qualitative research conducted are as follows:
1. The City of Palo Alto has some infrastructure in place that can enable Diversity, Equity, Inclusion and Belonging (DEIB) success.
2. Employees often feel they are treated poorly by the public and would like more support to navigate difficult interactions.
3. The City is missing a structured approach to DEIB.
4. Some people processes encourage while others inhibit the advancement of DEIB.
5. The lack of follow-through and history of exclusionary practices has made people question the City of Palo Alto’s dedication to DEIB.
The blueprint that follows the key findings summaries provides a range of possible actions for the City to pursue that require a range of resources. Based on the resources available at this time as well as other existing assignments related to race and equity, staff has compiled the tasks listed in Attachment B, the 2024-2025 (calendar years) Equity Action Plan. These actions range in topic as well and are organized into three key objective areas that can be continued year over year even as these initial tasks are completed. Those objective areas are as follows:
A. Cultivating Experiences and Appreciation
B. Fostering an Inclusive Environment
C. Applying an Equity Lens: Strategic Review of the Organization through an Equity Lens Item 3
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Staff will go forward in moving this Action Plan and looks forward to feedback or discussion from the City Council within this study session and review of the Ivy Planning Group key findings.
FISCAL/RESOURCE IMPACT
Funding for the work described within this report has been appropriated as part of the FY 2024 Operating Budget and funds are still available in the non-departmental allocation set aside for race and equity work. Any additional funding in subsequent years would be requested through the annual budget process and is subject to City Council approval as part of that process.
STAKEHOLDER ENGAGEMENT
Ivy Planning Group has presented this report to City staff through an all-hands meeting in March 2024. Staff can continue to share feedback on the material to the City’s Equity and Inclusion Program Manager as well.
ENVIRONMENTAL REVIEW
The City’s race and equity activities are not a project under section 15378(b)(25) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical changes in the environment).
ATTACHMENTS
Attachment A: Ivy Planning Group Assessment Summary
Attachment B: 2024-2025 Equity Action Plan
APPROVED BY:
Ed Shikada, City Manager
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DRAFT DEIB Assessment Executive Summary
and Blueprint
Prepared by Ivy Planning Group
March 22, 2024
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Assessment Summary
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Assessment Objectives and Next Steps
Examine and assess the workforce, workplace, and
marketplace performance through a diversity, equity,
inclusion, and belonging (DEIB) lens.
Identify opportunities for the City of Palo Alto to
achieve a more diverse, equitable, and inclusive
workplace, and to enhance the City’s ability to meet
the needs of an increasingly diverse community.
Inform the DEIB Blueprint to drive accountability and change the city has committed to.
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Document Review Understand policies and procedures on paper, as they are designed and intended to work. Ivy requested documents related to recruiting, hiring, onboarding, career planning, promotion, performance management, compensation and rewards, DEIB programs, procurement, community engagement, marketing, etc.
29 Interviews
August 2022; Jan 2023; May-
June 2023
Conversations with City Council members, leaders, and process owners, to learn about:
• Our organization’s values and goals; how DEIB fits in • Leader experiences in their own careers, leading others, etc. • How our policies and procedures are working in practice; how this compares to design and intentions All 7 City Council members were invited to participate in an interview, and Ivy was able to speak with 6. 28 Focus Groups
187 Participants
July-August 2023
Groups were defined by demographics, and all were asked the same questions. Participation was voluntary and confidential.
Selection was random within each demographic group (except *). Focus group participation was about 29% of full capacity, which is lower than Ivy's typical rate of 50% in similar assessments.
Individual contributors:
• Asian men
• Asian women & non-binary
• Black and Other POC men
• Black and Other POC women &
non-binary
• Hispanic/Latino men
• Hispanic/Latino women & non-
binary
• White men
• White women & non-binary
Individual Contributors – Sworn Police:
• Asian & Black men
• Hispanic/Latino men
• Hispanic/Latino women & non-binary
• White men
• White women & non-binary
People leaders:
• POC men
• POC women & non-binary
• White men
• White women & non-binary
• Sworn Fire
• Sworn PoliceIndividual Contributors – Sworn Fire:
• Asian & Black men
• Hispanic/Latino men
• POC women & non-binary
• White men
Other Groups:
• HR
• Gen X, Baby Boomers
• Millennials, Gen Z
Analysis Methods • Evaluated on-paper policies through a DEIB lens • Categorized participant statements by categories using content analysis • Identified themes and similarities/differences by demographics • Selected “notable quoteables” to illustrate themes; lightly edited for length and confidentiality Assessment Methods: Qualitative
*Self-identify and volunteer:
• LGBTQ+ & allies
• People with disabilities & allies
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5 Key Themes
The City of Palo Alto has some
infrastructure in place that can
enable DEIB success.
Employees often feel they are
treated poorly by the public and
would like more support to
navigate difficult interactions.
The City is missing a structured
approach to DEIB.
Some people processes
encourage while others inhibit
the advancement of Diversity,
Equity, Inclusion, and
Belonging.
The lack of follow-through and
history of exclusionary practices
has made people question the
City of Palo Alto’s dedication to
DEIB.
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Assessment Summary
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Key Theme #1
The City of Palo Alto has some infrastructure in place that can enable DEIB success.
Some leaders speak
effectively on the value of
diverse perspectives and
see their role as advocates.
City Council Members, supervisors, and executive leaders communicate the value diverse perspectives bring to informed decision-making. Some reflected an understanding that cultivating a diverse, equitable, and inclusive culture is pivotal in attracting and retaining employees.
When asked to describe their role and responsibility for advancing DEIB, many emphasized the importance of empowering employees and hearing different perspectives.
Many employees conveyed
the importance of DEIB and
want more dialogue and
resources.
Several employees discussed how reflecting the demographics of the community and fostering a welcoming, inclusive environment enhances the City’s ability to serve residents effectively.
Employees are eager for the opportunity to talk about uncomfortable topics related to race, gender, and other dimensions of diversity and would like more training to advance DEIB in their departments.
The City has engaged in
meaningful work in the
community to advance
DEIB.
From inclusive playgrounds to creating new policies at the Library that enable people to choose their preferred name, the City has made a meaningful effort to demonstrate social responsibility, engage the community, and be philanthropic. There can be a greater return on these investments if the City decides to be more targeted in its approach.
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Assessment Summary
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Key Theme #2
Employees often feel they are treated poorly by the public and would like more support to navigate difficult interactions.
Employees not getting the
support they need to work
with difficult members of
the public.
Individuals across all levels of the City say community members often mistreat them. There is a perception that this level of mistreatment is an expectation in their roles and may also be tied to socioeconomic differences.
Many suggested that higher-level employees do not fully understand the emotional toll and challenges employees face when dealing with the public and that citizens can often be valued over staff. There is an opportunity for the City leadership to set better boundaries with the public on how staff can be treated and prioritize their well-being.
Women and nonbinary individuals, People of Color, People with Disabilities, and those who identify as LGBTQ+ expressed experiencing more harm from Palo Alto community members.
Police would like more
vocal and visible support
from City leadership and
the community.
Some members of the Palo Alto Police Department (PAPD) feel their relationship with the public is strained due to mistrust from the community and intense scrutiny in the media. Some officers feel this has impacted their job satisfaction and overall effectiveness and has deterred qualified applicants from applying.
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Assessment Summary
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Key Theme #3
The City is missing a structured approach to DEIB.
Employees do not have clear
responsibilities or individual
performance measures for
DEIB.
Race and Equity efforts were launched by City Council in June of 2020 through actions including a public commitment to confronting systemic racism and bias, adopting a Resolution affirming that Black lives matter and approving a Race & Equity Framework, action plan, and mission statement. Several initiatives and programs were also taken on by various departments and committees throughout the City, including, but not limited to, the Library, Children's Theater, Palo Alto Junior Museum & Zoo, Art Center, Palo Alto Police Department, Human Relations Commission, and City Council’s Policy and Services Committee. In October of 2023 the City hired it’s first Inclusion and Equity Manager.
Despite the previous work, many leaders (i.e., supervisors and executives) say there are no structures to hold them accountable for DEIB. Some recommended including DEIB performance metrics. At all levels of the organization, there is a need to understand individual responsibilities around DEIB.
The City can make a
stronger demonstration of
its commitment to DEIB.
The City Council’s 2023 priorities and the Equity Mission Statement use softer language to refer to diversity and inclusion (i.e., “welcome many perspectives,” putting DEIB efforts under the title “Community Health and Safety”).
Employees across the City, especially women and non-binary individuals, feel they are doing DEIB work without the City Council's or executive leadership's support.
Many City staff are unaware
of DEIB efforts.
Many indicated that they had not yet seen the City’s Equity Mission statement and were not aware of the DEIB efforts happening with the City. There is an opportunity to better communicate what the City is trying to achieve regarding DEIB.
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Key Theme #4
Some people processes encourage while others inhibit the advancement of Diversity, Equity, Inclusion, and Belonging.
With the existing strong
value proposition, there is
an opportunity to create
better strategies for
recruiting through a
diversity lens.
Employees shared that they are attracted to work for the City for various reasons, including environmental leadership, employee benefits, and stated or demonstrated inclusion of different aspects of their identity (gender, race, LGBTQ+).
There is not a formal diversity recruiting strategy or metrics in place to ensure diverse applicant pools. Strategies such as career fairs and internships have been sparsely used and often unsuccessful. Interview and focus group feedback suggested the City could do a better job actively recruiting local talent and establishing specific DEIB recruitment strategies.
Talent assessment best
practices are available, yet
many employees distrust
the interview process and
believe bias is prevalent.
According to process owners, best DEIB practices are used in the interview process, including; diverse interview panels, using a standard set of questions for each candidate, and having questions reviewed by the hiring manager and subject matter experts.
Some say that candidate evaluations are unstructured and based mostly on popularity and reputation. Many believe the City should teach how to mitigate bias when conducting and scoring interviews.
Pathways for
advancement are unclear.
People of Color were most likely to say that the promotion process lacks transparency.
Employees mentioned not knowing how to get a position and what they should focus on for improvement.
Performance appraisal processes are strong on paper, but many employees shared that performance reviews are inadequate.
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Key Theme #5
The lack of follow-through and history of exclusionary practices has made people question the City’s dedication to DEIB
Past events are causing
some employees to be
distrustful of current DEIB
efforts.
Some past harm was not addressed adequately and still influences how the City of Palo Alto views DEIB work. Some of these incidents include members of the Police suing the City for the Black Lives Matter mural, past micro-aggressions, and culturally significant events not getting the attention many desire. These past events have resulted in a lack of trust that DEIB efforts are genuine.
Lack of follow through is
causing frustration.
Employees across many departments are frustrated that little action has taken place, given the number of plans, assessments, and commitments the City has made. There is a perception that the City of Palo Alto’s focus on Diversity, Equity, Inclusion, and Belonging stems from external pressure rather than from a sincere dedication to DEIB.
Employees with disabilities and allies were vocal in calling for improvement and better follow- through. People of Color expressed an increased burden to lead DEIB initiatives.
The history of
exclusionary housing
practices had a far-
reaching impact.
The Palo Alto community and Federal Housing Administration’s history of exclusionary and discriminatory housing practices has impacted who can and can’t live in the City of Palo Alto.
The City is challenged with addressing the exclusion that has occurred and creating new affordable housing policies that improve diversity and welcome all.
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40%
DEIB INFRASTRUCTURE WORKFORCE WORKPLACE COMMUNITY
The City of Palo Alto has a formal and
structured DEIB effort that is well
communicated and measured
consistent with other strategic
initiatives.
The City of Palo Alto has a high-
performing, diverse, and inclusive
workforce at all levels and across all
roles.
The City of Palo Alto has a safe and
inclusive culture that values
communication, transparency,
feedback, and accountability in which
every employee is treated fairly and
with dignity and respect.
The City of Palo Alto will leverage
DEIB to better serve the City’s
residents and partner with diverse
community partners and suppliers.
City of Palo Alto
Equity Mission Statement
The City of Palo Alto is committed to creating a respectful, fair, and professional workplace and city. We will identify gaps, eliminate inequities, welcome many perspectives, and use a collaborative approach to create an environment that works for everyone. The City’s commitment to achieve equity in Palo Alto is the shared responsibility of our residents, organizations, governments, and other institutions.
City of Palo Alto DRAFT
DEIB Goals
DRAFT DEIB Blueprint
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GOAL The City of Palo Alto has a formal and structured DEIB effort that is well communicated and measured consistent with other strategic initiatives.
DEIB INFRASTRUCTURE
STRATEGY ACTIONS
1. Formalize DEIB roles,
responsibilities, and
accountability.
a. Every department should have 3 DEIB goals, which include the following: Access to development opportunities, employee satisfaction, surveys/assessments measuring employees’ sense of belonging and psychological safety, inclusive leadership (Active listening, promoting psychological safety, empathy, inclusion decision- making, conflict resolution, etc.), fostering a culture of belonging (provide resources and support for employees to share their experiences and perspectives). b. Identify and incorporate DEIB responsibilities into existing functions and create a behavioral framework for DEIA that identifies the necessary behaviors for different roles.
c. Establish affinity groups (such as Employee Resource Groups (ERGs), committees, or roundtable discussions) that provide inclusion recommendations for serving City staff and education for their respective groups.
d. Define roles and responsibilities in implementing the DEIB strategy; include City Councill and Human Relations Commission. e. Continue implementing and updating the recommendations of the Black and Brown History and Current Experience report and any similar reports. f. Embed DEIB into the current performance review process.
2. Increase
communication on DEIB.
a. Develop a DEIB annual report that reflects progress against DEIB goals, accomplishments, and activities and gives recognition to departments or teams following the DEIB goals and strategies.
b. Add DEIB updates to existing forms of communication, including the employee newsletter, all-hands and manager-specific meetings, and individual notes from the City manager.
c. Create an avenue for receiving feedback on DEIB from City Staff at all levels and departments (e.g., DEIB-specific 360-degree assessment, DEIB office hours, DEIB hotline, or email address).
d. Require leaders to communicate and report on their DEIB progress against their respective DEIB operational plans (See Action 1a). e. Explicitly state DEIB as one of the City’s core values.
3. Build staff and public
DEIB knowledge, skills,
and abilities.
a. Create an education roadmap by level and function to build the capacity of all employees to execute the DEIB strategy, including; requiring all interviewers and panel members to participate in training on fair hiring practices, removing bias and hiring through a DEIB lens. Create trainings that are accessible, comprehensive, interactive, and personal (Potential topics: building cultural competency, pronouns and creating inclusive language, unconscious bias, and allyship). b. Develop and conduct a series of DEIB educational offerings for the public, such as Diversity Dialogues, to position the City as a leader or partner in building inclusive communities and healing, recovery, and reconciliation from historical and current social issues.
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GOAL The City of Palo Alto has a high-performing, diverse, and inclusive workforce at all levels and across all roles.
WORKFORCE
STRATEGY ACTIONS
1. Create and Implement a DEI
Recruiting Strategy.
a. Incorporate DEIB behavioral expectations into job requirements, interview questions, and evaluation criteria. b. Track demographic data (e.g., race/ethnicity & gender) on the applicant phase (e.g., applicants → qualified → referred → interviewed → hired) and determine where, if any, gaps exist by demographic in the City’s recruiting and hiring process to make there is not bias in the hiring process. c. Provide recruiters with education and resources for recruiting through a diversity lens. d. Utilize affinity groups (see DEI Infrastructure Strategy 1, Action c) to provide recommendations for recruiting diverse talent. e. Establish a definition of what it means to have a diverse pool. f. Recruit interview panel diversity.
2. Ensure human resource
systems are inclusive and
equitable.
a. Update HR policies, practices, and systems to ensure they are inclusive, use inclusive language, and are fair (e.g., Create opportunities for employees and the public to identify as non-binary, trans, or genderqueer and to choose their pronouns in employment and City documents; bargain with labor groups to expand the definition of disability to include temporary and invisible disabilities and reinstatement of short-term disability coverage). b. Review policies for converting part-time roles to full-time to ensure they do not disproportionately and negatively impact underrepresented groups.
Update policy to allow for employees to work with HR in partnership with their supervisors to receive reasonable accommodations. c. Solicit employee input to identify and implement solutions that address the inclusion needs of specific groups (e.g., gender-neutral bathrooms, accessibility issues, etc.).
3. Ensure fair and equitable
systems for hiring and
promoting.
a. Assess the equity of all talent management processes. Conduct data analysis to determine the equity of talent management systems processes, including hiring, promotion, compensation, and separation. b. Provide appropriate levels of leadership (e.g., department leaders) with access to the demographic data of their division to allow for action planning to identify and address any inequities by demographic.
c. Further define and communicate employee career paths by function/department; require all employees to have individual development plans to make sure employees are fairly developed.
d. Develop tools and approaches to increase the likelihood of unbiased and fair selection for hiring, promotions, L&D opportunities, and other key points of access to opportunity (e.g., select anti-bias ambassadors who are empowered to speak up when they observe unconscious bias impacting decisions).
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GOAL The City of Palo Alto has a safe and inclusive culture that values communication, transparency, feedback, and accountability in which every employee is treated fairly and with dignity and respect
WORKPLACE
STRATEGY ACTIONS
1. Update and establish
systems, policies, and
practices that center the
employee experience.
a. Review benefits to ensure they do not disproportionately and negatively impact underrepresented groups (e.g., consider expanding transportation benefits to allow more employees to access them).
b. Highlight and communicate department achievements and success stories across the City quarterly. c. Create and communicate an internal policy for when City staff are mistreated by the public. The policy should highlight the importance of employee safety. d. Create affordable housing for city staff to live in the City of Palo Alto.
2. Build consistent
performance evaluation.
a. Create more consistency in how promotions are decided by documenting and sharing promotion policies, procedures, and criteria for advancement. b. Provide coaching and development for supervisors and leaders who are underperforming on leading their diverse teams. c. Ensure position reclassification policies are consistently communicated, interpreted, and applied.
3. Imbed DEIB into the
culture of the City.
a. Break apart employee survey data by demographic. Require department leaders to include plans to close gaps by the differences identified as part of their operational plans.
b. Establish building more high-quality relationships across difference (age, race, gender) as a leadership expectation. © 2024 Ivy Planning Group | p. 13
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GOAL The City of Palo Alto will leverage DEIB to better serve the City’s residents and partner with diverse community partners and suppliers
COMMUNITY
STRATEGY ACTIONS
1. Increase supplier diversity
efforts.
a. Establish supplier diversity vision statement and plan and identify how the current disadvantaged business enterprise (DBE) programs support larger supplier diversity efforts.
b. Determine if existing DBE participation goals for U.S. Department of Transportation and Federal Aviation Administration-assisted contracts are being met and establish a plan to enhance DBE participation where needed. c. Consider partnering with peer agencies to create a “common app” that allows suppliers to complete paperwork one time that registers them to do business with all agencies.
d. Simplify the procurement process and identify barriers to entry.
2. Intentional outreach to
diverse communities.
a. Understand existing language barriers with the public. Specifically, discover what departments and teams need which specific language translation services to better serve the residents of Palo Alto.
b. Create tools and resources on the City of Palo Alto’s website for DBE for new, small, and minority-owned businesses looking to offer their services to residents.
c. Measure the impact of current community engagement efforts and create goals for which specific communities the City wants to better serve. d. Allow all residents to provide feedback to the City in their language of choice. e. Create more opportunities for feedback from racially diverse and historically marginalized community members by having a suggestion box at every office that has visitors from the public (e.g., libraries, police and fire departments, recreation center, etc.). Let people know that their feedback was received and incorporate feedback into specific outreach initiatives and programs. f. Create a leadership development program that builds communication between diverse leaders and connects leaders with the top issues facing the City of Palo Alto.
3. Build stronger relationships
between City staff and the
public.
a. Host a series of public events that let residents get to know different departments and employees working for the City. b. Create a campaign that highlights and recognizes City Staff to the public of Palo Alto. c. Have incentives to encourage city staff to volunteer within the City of Palo Alto to develop new skills and create stronger community connections. d. Create a summer youth employment program that provides opportunities for young people to earn money while gaining meaningful work experience and building relationships with people who work in the City of Palo Alto.
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1 2024 and 2025 EQUITY ACTION PLAN (WORKPLAN)
Creating the Infrastructure
This ac�on / work plan is for two calendar years and it will follow these year-over-year broad objec�ve areas to support ongoing consistency in the City’s Diversity, Equity, Inclusion, and Belonging (DEIB) work even beyond the two years:
1. Cul�va�ng Experiences and Apprecia�on
2. Fostering an Inclusive Environment
3. Applying an Equity Lens: Strategic Review of the Organiza�on through an Equity Lens
Ac�ons within each objec�ve will be organized by values within the City’s Posi�ve Work Environment Efforts focused on People, Purpose & Prac�ce (3Ps):
PEOPLE – How we present ourselves to others: Our people define our culture – how we interact, treat each other with care and respect. This focus is about how are we helping each other and focusing to bring our best selves every day.
PURPOSE – The work is meaningful: Serving the community is meaningful work, and together we make an impact.
PRACTICE – How we approach the work: Value professionalism and staff exper�se. Focus on benefits and other changes that support the workforce. Importance of budget and fiscal sustainability; inves�ng in the future. 1 Note, while some ac�ons will be led directly by the Equity and Inclusion Program Manager, many of the ac�ons within this workplan will be led by a variety of department stakeholders with support from the Equity and Inclusion Program Manager.
Acronym use defini�ons:
- BCC: Boards, Commitees, and Commissions
- CEDAW: The Conven�on on the Elimina�on of All Forms of Discrimina�on Against Women - DEIB: Diversity, Equity, Inclusion, and Belonging
- HRC: Human Rela�ons Commission
- HR: Human Resources Department
- 3Ps: People, Purpose, and Prac�ce
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2 Objective 1: Cultivating Experiences and Appreciation
Cul�va�ng Experiences and Apprecia�on: People
Actions Additional Context
1.1 Share informa�on about specific cultural and heritage months and holidays
• Define Diversity, Equity, Inclusion and Belonging in the workplace as baseline informa�on
• Share messaging about recognized dates of significance and holidays Cul�va�ng Experiences and Apprecia�on: Purpose
Actions Additional Context
1.2 Review Citywide events through an inclusion and equity lens; iden�fy gaps
---
Cul�va�ng Experiences and Apprecia�on: Prac�ce
Actions Additional Context
1.3 BCC Related: Create a process that includes the HRC for annual calendar se�ng related to holidays and heritage months
---
1.4 Annually report progress on DEIB goals, accomplishments, and ac�vi�es especially giving recogni�on to departments or teams advancing DEIB strategies (can be combined with other update reports)
---
1.5 Establish resources for difficult interac�ons between City staff and the public. The resources should highlight the importance of de-escala�on as well as employee safety and support
---
1.6 Understand exis�ng language barriers with the public. Assess which departments need transla�on services the most to beter serve the public
---
1.7 Allow all residents to provide feedback to the City in their language of choice
---
Note: Where appropriate, ‘additional context’ is included in the right column to further describe some action items.
Thus the ‘additional context’ column is not utilized for every action item.
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3 Objective 2: Fostering an Inclusive Environment
Fostering an Inclusive Environment: People
Actions Additional Context
2.1 Share DEIB values with New Employees at New Employee Orienta�on in context of workplace culture
Include informa�on on DEIB at the New Employee Orienta�on
2.2 Conduct Quarterly Interac�ve DEIB Workshop Trainings for All Employees
Topics could include but are not limited to: DEIB founda�ons, Government business case for DEIB (History), Implicit Bias Training, Understanding & Mi�ga�ng Microaggressions, Inclusive Leadership, Understanding Cultural Competency, Allyship, etc.
2.3 Establish a staff DEIB Commitee Form a team responsible for coordina�ng and sharing status updates on DEIB ini�a�ves within individual departments; Ensure representa�on from various levels and departments in the group.
2.4 Explore op�ons related to affordable housing for City staff to live in the City of Palo Alto
---
Fostering an Inclusive Environment: Purpose
Actions Additional Context
2.5 Finalize process for annual City staff demographic data repor�ng; release the first report online
---
2.6 Finalize process for annual City Board, Commitee, and Commission member demographic data repor�ng; release the report online This survey has been conducted in 2021 and 2024. This item is to firm up the ques�ons and the process for future annual surveys.
2.7 Break apart employee survey data by demographic(s) and iden�fy any differences; work with department directors to address differences iden�fied
---
Fostering an Inclusive Environment: Prac�ce
Actions Additional Context
2.8 Create more diverse interview panels (tools and policies) Update the hiring manager toolkit to include informa�on about DEIB (such as ensuring representa�on on the panel, increasing cultural competency, and sharing tools to reduce implicit bias)
2.9 Expand demographic data collec�on related to candidates Update the candidate profile pages to include the opportunity for candidates to add their demographic informa�on; This would be for data analysis purposes
2.10 Expand recruitment efforts to atract diverse talent Review the recruitment process and offer DEIB best prac�ces; Provide recruiters with educa�on and resources for recrui�ng through a diversity lens
2.11 Further define and communicate employee career paths by func�on/department; encourage all employees to have individual development plans to make sure employees are fairly developed ---
Note: Where appropriate, ‘additional context’ is included in the right column to further describe some action items.
Thus the ‘additional context’ column is not utilized for every action item.
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4 Objective 3: Applying an Equity Lens: Strategic Review of the Organization through an Equity Lens
Applying an Equity Lens (Strategic Review of the Organiza�on through an Equity Lens): People Actions Additional Context
3.1 Create a space/process for employees to share input and suggest solu�ons in areas where they see current barriers related to the inclusion needs of specific groups (e.g., gender-neutral bathrooms, accessibility, etc.)
---
3.2 Begin explora�on and understanding of pronoun usage for the City of Palo Alto organiza�on
---
Applying an Equity Lens (Strategic Review of the Organiza�on through an Equity Lens): Purpose Actions Additional Context
3.3 Begin to partner with the HRC to work with other commissions to apply an equity lens to their work (will further define with the HRC) Conduct trainings with HRC to prepare them for this work
3.4 Finalize CEDAW Ordinance and Present it to the City Council for Adop�on
---
Applying an Equity Lens (Strategic Review of the Organiza�on through an Equity Lens): Prac�ce Actions Additional Context
3.5 Develop a best prac�ces protocol for wri�ng policies in alignment with the City's inclusive language standards and equity lens. These best prac�ces protocols will be incorporated into Policy 1-01 MGR which establishes guidelines for any City Department wri�ng or revising policies. Once developed the HR team in conjunc�on with City Departments will plan a five-year review cycle to bring all policies into alignment with these best prac�ces.
This could include things like the review of part �me roles to full �me roles, reasonable accommoda�ons process review, explora�on of the expansion of the defini�on of disability to include invisible disabili�es, etc.
3.6 If iden�fied, then begin to implement solu�ons that address the inclusion needs of specific groups (e.g., gender-neutral bathrooms, accessibility, etc.)
---
3.7 Coordinate with City departments to learn how they are suppor�ng citywide DEIB efforts
Share the DEIB goals for the current year on a team, department, and organiza�onal level
3.8 Work with an external firm to begin analysis and present analy�cal summary of the RIPA (Racial Iden�ty Profiling Act) Police data ---
Note: Where appropriate, ‘additional context’ is included in the right column to further describe some action items.
Thus the ‘additional context’ column is not utilized for every action item.
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4 4
6 0
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: April 22, 2024
Report #:2404-2871
TITLE
Approval of Minutes from April 1, 2024 and April 8, 2024 Meetings
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: April 1, 2024 Draft Action Minutes
Attachment B: April 8, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
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CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
April 1, 2024
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:
Absent:
Special Orders of the Day
1. Presentation from Midpeninsula Regional Open Space District (Midpen) to City Council
2. Review List of Applicants for Board and Commission Openings and Select Candidates to Interview. CEQA Status - Not a project.
NO ACTION TAKEN
Study Session
3. Study Session: Palo Alto Link One-Year Service Evaluation and Report; CEQA status – not a project.
NO ACTION
Consent Calendar
Council Member Kou registered a no vote on Agenda Item Number 5.
Council Member Tanaka registered a no vote on Agenda Item Number 5 & 9.
MOTION: Vice Mayor Lauing moved, seconded by Council Member Lythcott -Haims to approve Agenda Item Numbers 4-9.
MOTION PASSED ITEMS 4, 6-8: 7-0
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 04/01/2024
MOTION PASSED ITEM 5: 5-2, Kou, Tanaka no
MOTION PASSED ITEM 9: 6-1, Tanaka no
4. Approval of Minutes from March 11, 2024 Meeting
5. Approval of Contract Amendment Number 1 to Contract Number S24190818 with Integrated Design 360 in the Amount of $82,200 for a total not to exceed $132,200 and Extension of the Contract Term through December 30, 2024 for development of a “One Margin” Reach Code. CEQA Status: Exempt Under CEQA Guidelines Section 15308
6. Approval of Amendments with Professional Account Management LLC, dba Duncan Solutions for Contracts C17164727 and C19171363A for a Combined Additional Amount of $60,000 (Total not to exceed of $860,000 and $767,000 respectively) and to Extend the Contract Terms to December 31, 2024 (total term of eight and five years respectively), for Parking Permitting and Citation Management Services; CEQA Status – Not a Project.
7. Policy and Services Recommen dation Regarding Use of Board and Commissions Demographic Data
8. S
ECOND READING: Adopt a Revised Interim Ordinance to Extend the Interim Parklet Program to July 31, 2024 (from March 31, 2024) and Phase-i n Enforcement of the Ongoing
Parklet Program through November 1, 2024; and Extend Parking Lot Eating/Drinking Uses to December 31, 2024; CEQA Status-
Categorically Exempt (Sections 15301 and 15304(e))
(FIRST READING: March 11, 2024 PASSED 7-0)
9. SE
COND READING: Adopt an Ordinance Increasing Council Member Salary From $1,000/Month to $1,600/Month, Effective January 1, 2025, as authorized by State law (FIRST READING: March 11, 2024 PASSED 6-1, Tanaka no)
Action Items ACTION ITEMS HEARD OUT OF ORDER
10. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter
8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations) (FIRST READING: January 16, 2024 PASSED 5 -2, Lythcott - Haims, Tanaka no)
MOTION: Council Member Veenker moved, seconded by Mayor Stone to approve the amended ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street, Trees, Shrubs, and Plants) and Chapter 8.10 (Tree Preservation and Management Regulations), and further amend by moving the language of new subsection 8.10.050(b)(4) into subsection b after "unless" and follow it with "or it is" to read:
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 04/01/2024
“a protected tree shall not be removed unless the tree is proposed for removal to accommodate an ADU constructed pursuant to Section 18.09.030, or because removal is necessary to allow an ADU constructed pursuant to Section 18.09.040 to achieve the minimum standards set forth in state law, or it is determined by the urban forester, on the basis of a tree report prepared by a designated arborist and other relevant information, that any of the following apply:”
MOTION PASSED: 7-0
11. Discussion of Caltrans’ Repaving Project of El Camino Real, Including Replacing Existing Parking with Bicycle Lanes, and Potential Approval of a Resolution to Support this Project; CEQA status – categorically exempt.
MOTION: Council Member Burt moved, seconded by Council Member Kou to:
1. Request Caltrans return with additional safety measure s in conjunction with bike lanes on El Camino for biking on El Camino Real based on the Safe System Approach Design and applicable Caltrans Design Information Bulletins (DIB) as well as a complete street network approach, and;
2. Create a Council Ad Hoc Committee to consult with City staff, VTA staff, biking advocate stakeholders, including Chamber of Commerce, and;
a. Prioritize a plan for safety improvements at intersections and conflict areas , and outreach to our small business community and neighborhood community to identify parking alternatives including modifications to our RPP program, Palo Alto Transportation Management Association and coordinate efforts to accommodate our RV dwellers on El Camino Real.
MOTION PASSED: 6-1, Tanaka no
SUBSTITUTE MOTION : Council Member Veenker, seconded by Council Member Tanaka to implement the bike lanes with the repaving effort in accordance with Option B:
• Adopt a phased approach that implements the Caltrans proposed bicycle lanes now and acknowledges additional analysis is needed to both incorporate a Safe System Approach to the design and establish bike facilities that take into account future housing development on El Camino Real.
SUBSTITUTE MOTION FAILED: 3-4, Lauing, Burt, Kou, Stone no
Adjournment: The meeting was adjourned at 11:41 P.M.
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 04/01/2024
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary min utes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
April 8, 2024
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.
Council Member Vicki Veenker virtual teleconference address: 3404 S. Ashwood Dr.
Bloomington, IN 47401
Present In Person: Burt, Kou, Lauing, Tanaka
Present Remotely: Stone, Veenker
Absent: Lythcott-Haims
Closed Session
1. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety
Building from general contractor Swinerton Builders, and its subcontractors [including Pacific Structures, Inc.; CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; Broadway
Mechanical; Sandis; Northern Services, Inc.; Commercial Controls Corp; Blues Roofing; and Harrison Drywall]. Authority: Government Code Section 54956.9(d)(2)
2. PUBLIC EMPLOYMENT
Title: City Auditor
Authority: Cal. Gov. Code 54957(b)
MOTION: Council Member Kou moved, seconded by Council Member Burt to go into Closed Session.
MOTION PASSED: 6-0-1, Lythcott-Haims absent
Council went into Closed Session at 5:40 P.M.
Council returned from Closed Session at 8:39 P.M.
Vice Mayor Lauing announced no reportable action.
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 04/08/2024
Special Orders of the Day
3. Interview Candidates for Vacancies on Boards and Commissions. CEQA Status – Not a project.
NO ACTION TAKEN
Adjournment: The meeting was adjourned at 10:02 P.M.
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 04/08/2024
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary min utes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: April 22, 2024
Report #:2403-2834
TITLE
CONSENT: 261 Hamilton Ave: Upgrade Historic Inventory from Category 3 to Category 1
RECOMMENDATION
Staff recommends that Council reclassify 261 Hamilton Avenue, the Medico-Dental Building, which is a contributor to the historic Ramona Street Architectural District, from a Palo Alto Historic Inventory Category 3 Resource (‘Contributing Building’) to a Category 1 Resource (‘Exceptional Building’) as recommended by the Historic Resources Board (HRB).
EXECUTIVE SUMMARY
This report and Record of Land Use Action (Attachment A) provide background and support the HRB’s March 28, 2024 recommendation to upgrade the Medico-Dental Building’s Historic Inventory classification from Category 3 (‘Contributing Building’) to Category 1 (‘Exceptional Building’). The HRB staff report1 includes the consultant’s assessment and inventory form.
The Spanish Colonial Revival Style building is located within the Commercial Downtown zone, and provides ground floor retail spaces (Sweet Greens, Warby Parker, and Scandia) and office spaces on the upper floors. The United States Post Office originally occupied the ground floor until 1933, with medical offices on the upper floors. The building, designed by Birge M. Clark and constructed by builder Wells P. Goodenough in 1928, was listed in 1985 as a contributing building within a National Register and local historic district, the Ramona Street Architectural District, and listed individually as a local historic resources inventory Category 3 “Contributing Building.”
BACKGROUND
The building was first evaluated and added to the local historic inventory in May of 1978 as a Category 3 resource. The inventory form was later updated on March 4, 1985, when the 1 Link to HRB report with consultant assessment and inventory form https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/historic- resources-board/2024/hrb-3.28-261-hamilton.pdf
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property was deemed a contributing building to the National Register Ramona Street Architectural District. In 1998, with the creation of the California Register of Historical Resources, the building was listed by default in the California Register as a contributor to the district. In 2000, the building was found eligible for individual listing in the National Register of Historic Places.
PAMC 16.49
The Palo Alto Municipal Code (PAMC) Chapter 16.49, Historic Preservation, notes Category 1 buildings are of “preeminent national or state importance, meritorious work of the best architects or an outstanding example of the stylistic development of architecture in the United States.” The building is listed in the National Register as a contributor to the Ramona Street Architectural District and is currently listed on the Palo Alto Historic Resources Inventory as an individual Category 3 resource.
PAMC Chapter 16.49 defines a Category 3 contributing building as: “a good local example of architectural styles and which relate to the character of a neighborhood grouping in scale, materials, proportion or other factors. A contributing building may have had extensive or permanent changes made to the original design, such as inappropriate additions, extensive removal of architectural details, or wooden facades resurfaced in asbestos or stucco.” PAMC Chapter 16.49 defines a Category 2 major building as: “any building or group of buildings of major regional importance, meritorious works of the best architects or an outstanding example of an architectural style or the stylistic development of architecture in the state or region. A major building may have some exterior modifications, but the original character is retained.”
PAMC Chapter 16.49 defines a Category 1 exceptional building "any building or group of buildings of preeminent national or state importance, meritorious work of the best architects or an outstanding example of the stylistic development of architecture in the United States. An exceptional building has had either no exterior modifications or such minor ones that the overall appearance of the building is in its original character.” Assessment of 2015 Rehabilitation Project
The property owner completed a rehabilitation project in 2015, which included seismic-related improvements, and restored many of the original features based on historic drawings and documentation. The City’s consultant report evaluated the work done in 2015, and states that the ground-floor storefront systems have been “largely restored to their original condition and have received compatible new storefront systems, wood doors, tilework, wood spindles, awnings, and awning boxes.” The report notes all seven aspects of integrity remain and supports a local inventory classification upgrade to a Category 2 resource, a "Major Building" of regional importance.
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The consultant report concludes that the subject building is a meritorious work of an important regional architect of merit, Birge M. Clark, and is an excellent example of commercial design in the Spanish Colonial Revival style that is both individually significant and contributes to the Ramona Street Architectural District.
Upgrade Request
In December 2023, the property owner expressed interest in having the restoration work that was done several years ago evaluated to document compliance with the Secretary of the Interiors Standards in consideration of a request to upgrade the resource status to a local inventory Category 2 historic resource. Staff received funds from the owner to have the City’s historic consultant prepare a historic resource evaluation (HRE), completed February 2024.
The attached record of land use action is provided with some additional background information. The City’s consultant’s February 2024 report recommended a category upgrade to a local historic inventory listing of Category 2, as a “Major Building” of regional importance.
HRB Recommendation
On March 28, 2024, the HRB reviewed the historic resources evaluation and staff report2 and received presentations. The HRB reviewed the owner’s request to elevate the building’s local inventory historic category from 3 to 2, as supported by the City’s consultant report, which also noted the building appears eligible for individual listing on the National Register of Historic Places as a separate property, where it is currently listed as a contributor to the historic district.
The HRB determined the building is an exceptional building eligible for local inventory category 1, as an ‘Exceptional Building’. The HRB felt the architecture of the building is an excellent example of the Spanish Colonial Revival style and rises to the level of state-wide significance (Criterion 6). The HRB report included the original Historic Inventory form as well as the recent Historic Resource Evaluation. The HRB recommended the class upgrade to Category 1 with no requirement for rehabilitation, given the recent seismic and historic rehabilitation performed in 2015.
ANALYSIS
Ramona Street Architectural District
The building and construction of the Ramona Street Architectural District was carried out by designer Pedro de Lemos, a prominent regional designer, and Birge Clark and William H. Weeks, well-known local architects. The district was central in the 1920s and 30s expansion of Palo Alto’s downtown commercial district and its location addressed concerns that the town center 2 Link to March 28, 2024 staff report: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/agendas-minutes/historic-resources-board/2024/hrb-3.28-261-hamilton.pdf which includes HRE and original inventory form
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was growing too laterally along University Avenue. The Ramona Street Architectural District contains eight National Register District contributing buildings.
The Medico Dental building is the only Category 3 building in the district. The district has two Category 1 buildings, four Category 2 buildings (the Cardinal Hotel was elevated from Category 3 to Category 2 in 2020), and one Category 4 building. The eight buildings were built between 1924 and 1938. The Inventory Category 1 resources in the district are both Pedro de Lemos’ buildings – the building at 520 Ramona, originally built in 1925, but modified significantly over time, and 533 Ramona (the NOLA restaurant building).
The addresses of buildings in the district and associated Inventory category numbers are as follows:
• 235 Hamilton Category 2 (up from Category 3 as per HRB and by Council approval in 2020) • 267 Hamilton Category 3
• 520, 522, 524, 526 Ramona Category 1
• 528-530 Ramona Category 2
• 533-539 Ramona Category 1
• 532, 534-536 Ramona Category 2
• 538-542 Ramona Category 2
• 541-545 Ramona Category 4
The City’s local historic resources inventory reflects a total of 89 Category 1 resources, 267 Category 2 resources, 236 Category 3 resources, and 281 Category 4 resources, citywide.
Bonus Floor Area
An owner of a Category 1 or 2 resource may request a floor area bonus for qualified rehabilitation and restoration projects. Following Council reclassification of the building, the property owner may apply for a floor area bonus, though staff would have to consider whether the bonus is available for already-completed rehabilitation projects. In the event a floor area bonus is granted, it may be used on-site, or may be transferrable to a non-historic building in the Downtown, in accordance with PAMC section 18.18.080. Modification of the building exterior with bonus floor area would be subject to review for compliance with Secretary of the Interior’s Standards during the Architectural Review process.
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FISCAL/RESOURCE IMPACT
The City’s consultant cost to prepare the evaluation was covered by the property owner.
Though not proposed, any project utilizing bonus floor area on site would include review by the HRB and Architectural Review Board with the appropriate processing fees in effect at that time, as defined in the Municipal Fee Schedule.
STAKEHOLDER ENGAGEMENT
The HRB members have been the key community partners during the process to reach this point.
ENVIRONMENTAL REVIEW
Reclassification of a historic building to a higher category of resource is exempt from CEQA review under California Environmental Quality Act and CEQA Guidelines per Section 21065.
ATTACHMENTS
Attachment A: Draft Record of Land Use Action for Council April 22, 2024 APPROVED BY:
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ATTACHMENT A
ACTION NO. ------2024
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO’S LAND USE ACTION TO UPGRADE 261 HAMILTON AVENUE FROM HISTORIC RESOURCES INVENTORY CATEGORY 3 TO CATEGORY 1 On April 22, 2024, the Council _____ the property owner’s request to reclassify the commercial building at 261 Hamilton Avenue, currently a local Category 3 historic resource and a contributor to the Ramona Street Architectural District; the Council ______Historic Resources Board (HRB) recommendation to an upgraded level, Category 1 historic resource on the City’s Historic Resources Inventory, making the following findings, determination, and declarations:
SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows:
A. In December 2023, the property owner contacted staff to discuss the process for reclassifying the building. With the owner’s request and funding, staff obtained a historic resource evaluation from the City’s consultant, Page and Turnbull, including an integrity evaluation to understand the effect of the 2015 rehabilitation project on the building’s eligibility. The evaluation supports a classification upgrade to a Category 2 historic resource; the consultant describes the building’s eligibility in a report dated February 8, 2024, noting its eligibility under local criteria 1, 2, 5, and 6. The building does not appear to meet local criterion 3 regarding the style type (Spanish Colonial Revival) considered common at the time of construction and not considered rare in the current day, nor local criterion 4 regarding the building’s use as a medical use and post office, considered common at the time of construction but not rare in the current day.
B. On March 28, 2024, the HRB received a staff report (ID #2402-2685), conducted a public hearing, and concurred with the consultant’s evaluation regarding the building’s eligibility for category upgrade from the current local historic inventory Category 3; however, the HRB recommended a higher classification level (Category 1) than the consultant recommended (Category 2).
SECTION 2. Environmental Review. This project is exempt from the provisions of the California Environmental Quality Act (CEQA), as it is not a project under CEQA Guidelines per Section 21065.
SECTION 3. Designation Findings.
A. The following criteria, as specified in Municipal Code Section 16.49.040 (b), shall be used as criteria for designating historic structures/sites to the historic inventory:
1.The structure or site is identified with the lives of historic people or with important events in the city, state or nation;
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2.The structure or site is particularly representative of an architectural style or way of life important to the city, state or nation;
3.The structure or site is an example of a type of building which was once common, but is now rare;
4.The structure or site is connected with a business or use which was once common, but is now rare;
5.The architect or building was important;
6.The structure or site contains elements demonstrating outstanding attention to architectural design, detail, materials or craftsmanship.
The building at 261 Hamilton Avenue, a contributor to the locally designated Ramona Street Architectural District, met many of the above criteria when it was first listed on Palo Alto’s Historic Resources Inventory, in 1985. With the rehabilitation work performed in 2015, and the 2024 assessment, the building’s status as a historic resource has improved.
B. The definition of Category 2 in Municipal Code Section 16.49.020 (b) must be met to allow the upgrade to the structure’s category designation:
Category 2 Definition: "Major building" means any building or group of buildings of major regional importance, meritorious works of the best architects or an outstanding example of an architectural style or the stylistic development of architecture in the state or region. A major building may have some exterior modifications, but the original character is retained. The applicant requested and the consultant found the Category 2 appropriate for this building and the City’s consultant supported this request.
The City’s consultant found the building at 261 Hamilton Avenue meets the Palo Alto Inventory Category 2 definition; the integrity evaluation found that the building at 261 Hamilton Avenue retains all seven aspects of integrity (location, setting, design, materials, workmanship, feeling, and association).
However, the HRB’s recommendation is for Category 1, which is defined thus:
Category 1: "Exceptional building" means any building or group of buildings of preeminent national or state importance, meritorious work of the best architects or an outstanding example of the stylistic development of architecture in the United States.
An exceptional building has had either no exterior modifications or such minor ones that the overall appearance of the building is in its original character.
The minor exterior modifications cited in the consultant’s report have not caused the building to lose its original character.
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C. National Register of Historic Places and California Register of Historical Resources listing:
The structure is listed as a contributor to the Ramona Street Architectural District, as of 1986 (National Register) and 1998 (California Register, which was created in 1998).
SECTION 5. Category Upgrade Approved. The City Council approves the property owner’s request for re-designation of 261 Hamilton Avenue to a Category X historic resource on the City’s Historic Resources Inventory.
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Director of Planning and
Development Services
APPROVED AS TO FORM:
___________________________
Senior Asst. City Attorney
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: April 22, 2024
Staff Report: 2402-2612
TITLE
Adopt a Resolution Authorizing the City Manager or Their Designee to Execute an Amendment to the Power Purchase Agreement with Ameresco Half Moon Bay LLC for the Purchase of up to 60,000 Megawatt-Hours per Year of Biogas Energy Over a Term of up to 20 Years for a Total Not to Exceed Amount of $147.2 Million; CEQA Status: Not a Project under CEQA Guidelines Section 15378(a)
RECOMMENDATION
Staff and the Utilities Advisory Commission (UAC) recommend that the City Council adopt a Resolution (Attachment A) to:
1. Authorize the City Manager, or their designee, to execute Amendment No. 1 (Exhibit A to Attachment A) to the Power Purchase Agreement (PPA) with Ameresco Half Moon Bay LLC (Ameresco) to increase the generating capacity of the Ox Mountain landfill-gas-to- energy (LFGTE) project, increase the contract price, and extend the contract term by approximately 17 years;
2. Increase the maximum spending authority under the PPA from $61,800,000 to $147,200,000; and
3. Waive the application of the anti-speculation requirement of Section D.1 of the City’s Energy Risk Management Policy as it may apply to surplus electricity purchases resulting from the City’s execution of this amendment, due to the small increase in the facility’s generating capacity and the City’s need for the output to continue complying with its Renewable Portfolio Standard (RPS) procurement and Resource Adequacy requirements.
EXECUTIVE SUMMARY
In 2005, the City executed a PPA with Ameresco to purchase 50% of the output of the Ox Mountain LFGTE facility. This agreement, lasting 20 years, aimed to secure a baseload source of renewable energy for the City. With the availability of additional landfill gas at the facility, Ameresco recently proposed an amendment to extend the contract term by 17 years, increase the project’s capacity from 10 megawatts (MW) to 13 MW, and adjust the agreements’ pricing Item 6
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structure. An economic assessment of the amendment suggests it would offer a net benefit to the City, with the project’s energy, renewable energy credits (RECs), and resource adequacy (RA) capacity providing an estimated net value of at least $6 per megawatt-hour (MWh). Despite uncertainties, market trends favor the project's long-term value.
The amendment would increase Palo Alto's electric supply by 7.2% during the 2029-2046 period, enhancing the supply portfolio’s diversity and aiding the City’s compliance with its Renewable Portfolio Standard (RPS) obligations. Operational risks are largely mitigated, as the project is established, Ameresco is an experienced LFGTE project operator, and payments under the PPA are contingent on energy delivery, reducing financial exposure.
The recommended Ox Mountain PPA amendment offers a strategic opportunity to secure a long- term supply of baseload renewable energy, enhance the resilience of the City’s electric supply portfolio, and advance the City’s sustainability objectives. Approval is recommended to capitalize on the project's long-term benefits while mitigating risks and meeting regulatory obligations.
BACKGROUND
As part of its early sustainability efforts, in January 2005, Council approved the PPA with Ameresco to obtain half of the electric output of the Ox Mountain LFGTE generating facility in Half Moon Bay over a 20-year term (Resolution 84951, CMR 100:052). Under this contract, which was one of the City’s first renewable energy PPAs, the City agreed to purchase a 50% share of the output of the facility over a 20-year contract term. The City of Alameda executed a PPA at the same time to purchase the other 50% of the facility’s output under identical contract terms.
The contract price was $52/MWh in the first year (2009), escalating at 1.5%/year, and the project achieved commercial operations in April 2009. (The current contract price is $65.01/MWh.) The total generating capacity of the facility is currently 10 MW, and in addition to the round-the-clock renewable electricity it provides, the project is also a valuable source of local resource adequacy (RA) capacity in the Bay Area. Since it began operating, the facility has also been highly reliable, with an average availability rate of over 90%.
Although the City executed the PPA with Ameresco long before the state imposed an RPS mandate on municipal utilities like Palo Alto 3, the state’s RPS program rules do now apply to all utilities in the state, including Palo Alto. These rules require that an increasing percentage of retail sales be served by qualifying renewable generation; currently, the major RPS targets that apply to all utilities are 50% by 2026 and 60% by 2030. Palo Alto satisfies its RPS requirements 1 Resolution 8495: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-8495.pdf. 2 CMR 100:05: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city- manager-reports-cmrs/year-archive/2005/01-january/4149.pdf. 3 The RPS mandate was first imposed on Palo Alto by SB X1-2 in 2011, and subsequently raised by SB 350 in 2015 and SB 100 in 2018.
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through a diverse portfolio of qualifying renewable resources – including wind, solar, bioenergy (such as the Ox Mountain landfill gas project), and small hydro.
ANALYSIS
In May 2022, Ameresco approached Utilities staff, along with staff from the City of Alameda, to inquire about their interest in purchasing additional output from the Ox Mountain LFGTE project, as well as extending the contract beyond its current 2029 end date. In early 2023 the City and Ameresco signed a non-binding Letter of Intent (LOI) to memorialize these discussions. Although the LOI did not commit the parties to moving forward with this contract amendment and extension, it did establish a deadline by which such an agreement finalized and executed: April 29, 2024. Over the subsequent months, as Ameresco worked through its development process for the expansion capacity, the parties continued negotiating the terms of an amendment, ultimately arriving at the recommended proposal.
Ox Mountain Amendment Summary
The key commercial terms contained in the recommended amendment include the following:
•Expansion Capacity – Ameresco will add additional generating capacity to the Ox Mountain project, bringing its total capacity up from 10 to 13 MW (of which Palo Alto will receive a 50% share).
•Contract Term – The original PPA is set to terminate in April 2029; the amendment would extend the PPA term to 20 years from when the expansion capacity comes online, which is expected to be in the spring of 2026. Hence the amendment would extend the original PPA’s term by about 17 years.
•Price – The original PPA price is $52/MWh, escalating at 1.5%/year. In the spring of 2026, when the expansion capacity is expected to come online, the PPA price will be $66.98/MWh. The amendment would raise the contract price for the whole project to $74/MWh, escalating at 1%/year (except in years when the inflation rate exceeds 3%, in which case the price escalator would jump to 2%). Additionally, the new contract price will be reduced by $0.93/MWh if the expansion capacity does not qualify as RA capacity for the City.4
•Termination Right – Ameresco will have the right to terminate this amendment if it is unable to successfully complete the environmental and/or air quality permitting processes for the expansion capacity, or if the improvements required to receive these permits make the expansion capacity uneconomic for them to proceed with. 4 The 3 MW of expansion capacity will have to go through a deliverability study process at the California Independent System Operator (CAISO) before it qualifies as RA capacity for the City. However, given that the facility is located in the transmission-constrained Greater Bay Area, staff expects it to qualify.
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Economic Assessment of the Ox Mountain Amendment
The Ox Mountain PPA has provided excellent value to CPAU customers for the past 15 years, while also reducing the supply portfolio’s seasonal energy and RA capacity deficits, thereby reducing budget uncertainty. The project provides three valuable products to the electric portfolio: energy, resource adequacy, and RECs. If the sum of these three values is greater than the cost of the power purchase agreement, the City will see a net monetary benefit from this contract.
The primary value provided by this PPA is from the baseload electrical energy that the resource produces. Based on forward energy curves as of February 1, 2024, the value of this energy is estimated to be approximately $70/MWh between 2026 and 2033.
In addition to the energy component, each MWh of the Ox Mountain project’s generation qualifies as a “Bucket 1” renewable energy credit (REC), which is projected to have a value between $9 and $21/MWh over the 20-year extension term. (Recently, supply conditions have been extremely tight; last fall the City sold surplus Bucket 1 RECs for over $70/MWh.) Finally, the LFGTE plant capacity qualifies as local RA, which the City can count towards its annual local and system RA requirements. RA is typically transacted and priced on a $/kW-month basis and is projected to range from $7/kW-month to $12/kW-month over the 20-year extension term, which translates to approximately $10 to $16/MWh for the Ox Mountain project.
In aggregate, the total value of the amended Ox Mountain PPA is estimated to range between $87 and $112/MWh. On the other hand, the PPA price, when levelized over the 20-year extension term, is expected to be in the range of $80 to $85/MWh (depending on the number of years when the inflation rate exceeds 3%).
With each of these revenue streams, there is a large degree of uncertainty around what will happen to future prices from changes to macro-economic conditions, regulations, interdependent regional power markets, and overall market uncertainty. That said, forward pricing curves project off-peak power prices to become more valuable than on-peak prices within the next few years, and proposed changes to the RA market rules would reward generators that produce in times of the grid’s greatest need. Furthermore, under the state’s RPS legislation, all load serving entities are required to increase their share of renewable energy in their portfolios (to 60% by 2030), so there is increasing demand for RECs. All of these trends support the expected long-term value of the Ox Mountain project, given its ability to generate renewable energy around the clock. Staff conservatively estimates the project will provide a net benefit of at least $6/MWh over the amended contract term, with the potential for significant upside if market prices stay high and there are further challenges to bringing new resources onto the grid in the coming 5-10 years.
Electric Portfolio Impact
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this amount would be expected to grow to about 57,000 MWh/year (7.2% of retail energy sales).
The existing supply portfolio5 is projected to have an overall surplus position through 2034 even without executing the Ox Mountain amendment, as shown in Figure 1 below. However, there is significant uncertainty around both the load and hydro generation projections shown here. With respect to load, there is the potential for significant growth from data centers, electric vehicles, and building electrification; meanwhile, the impacts of climate change are likely to significantly reduce the long-term level of hydro generation. Combined, these two factors could flip the portfolio’s overall surplus positions of the next several years to deficit positions—which is why staff recommends waiving the anti-speculation requirement of the City’s Energy Risk Management Policy for this agreement.
Figure 1: Projected Annual Load-Resource Balance with Ox Mountain Expansion & Extension
In addition to increasing and further diversifying Palo Alto’s electric supply portfolio in accordance with the City’s adopted Integrated Resource Plan, the project will also help the City comply with its RPS Procurement Plan obligations. The City is on track to meet state RPS targets 5 All six of the City’s solar PPA extend to 2040 or later, while the landfill gas PPAs are currently scheduled to expire between 2026 and 2034. The City has one remaining wind PPA which expires in June 2028. Furthermore, the City can renew the Western Base Resource contract for a new 30-year term that would start in 2025, and for planning purposes it is currently included in the supply portfolio baseline assumptions. Lastly, the City owns its share of the Calaveras project and it is therefore expected to remain in the portfolio indefinitely.
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through 2036, as shown in Figure 2 below; the amended Ox Mountain PPA would help to significantly reduce Palo Alto’s RPS procurement deficits beyond that point. In addition, this amendment would increase the volume of Bucket 1 RECs the City is able to swap for lower-cost Bucket 3 RECs under the REC Exchange Program and reduce the City’s local RA capacity deficit positions.
Figure 2: RPS Supplies & Requirement Levels with Ox Mountain Expansion & Extension Risk Management Assessment
Given that this project is an existing power plant, there is no development risk, and instead only operational risk. And as noted above, Ameresco is an experienced operator of LFGTE power plants like this one, and the Ox Mountain facility has an excellent reliability record. Finally, and perhaps most importantly, under the terms of the proposed PPA the City is not at risk for paying for output that is not delivered. As with all of the City’s PPAs, the City will make no payments under the PPA until energy from the project is delivered.
FISCAL/RESOURCE IMPACT
If Council approves the execution of this amendment with Ameresco, the City will purchase up to 60,000 MWh/year over the course of the 20-year contract extension term, for a total not-to- exceed amount of $101.2 million (an average of $5.06 million per year). Over the entire term of the PPA the maximum spending authority, which was originally set at $61.8 million in 2005, would be increased to $147.2 million. These values are considered upper limits on the output the facility could potentially generate; the actual output the City will purchase under this amendment over Item 6
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the contract term is expected to be slightly lower. Funding for the purchase of the additional renewable energy provided by the expansion of the Ox Mountain facility will be included in the Electric Utility Fund beginning in FY 2026.
POLICY IMPACT
Approval of the proposed amendment is in conformance with the City’s Sustainability and Climate Action Plan (S/CAP), Integrated Resource Plan, Carbon Neutral Plan, and RPS Procurement Plan, specifically the City’s Renewable Portfolio Standard to meet at least 60% of the City’s electric sales from renewable energy.
STAKEHOLDER ENGAGEMENT
Utilities staff has coordinated with key staff from departments involved in the negotiation and management of the Ox Mountain PPA with Ameresco, including the Administrative Services Department and the City Attorney’s Office, as well as staff from the City of Alameda and the Northern California Power Agency (NCPA).
In addition, the UAC reviewed staff’s recommendation to approve the amendment at its April 3, 2024 meeting. The UAC asked questions about the amendment provisions, including Ameresco’s termination right, and about the request to waive the anti-speculation requirement. They also inquired about how the amended contract price compares to the City’s other renewable energy contracts and to the market price for other baseload renewable energy resources. The UAC agreed that this amendment represents a good deal for the City and voted unanimously (5-0) to recommend that the City Council approve it.
ENVIRONMENTAL REVIEW
The City Council’s approval of this amendment to purchase additional output from the Ameresco facility does not meet the definition of a project under the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section 21065 and CEQA Guidelines Section 15378 because it will not result in a direct or indirect physical change in the environment. San Mateo County completed a Negative Declaration for the landfill gas recovery facility in 1999.
ATTACHMENTS
Attachment A: Resolution Approving Amendment No. 1 with Ameresco Half Moon Bay, LLC APPROVED BY:
Dean Batchelor, Director of Utilities
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Attachment A
* NOT YET APPROVED *
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Resolution No. _________
Resolution of the Council of the City of Palo Alto Authorizing the City Manager or Their Designee to Execute an Amendment to the Power Purchase Agreement with Ameresco Half Moon Bay LLC for the Purchase of up to 60,000 Megawatt-Hours per Year of Biogas Energy over a Term of up to 20 Years for a Total Not to Exceed Amount of $147.2 Million
R E C I T A L S
A. The City of Palo Alto entered into a Power Purchase Agreement (PPA) with Ameresco Half Moon Bay LLC (Ameresco) in 2005 to purchase 50% of the output of the Ox Mountain landfill-gas-to-energy (LFGTE) project for a term of 20 years, aiming to secure a baseload source of renewable energy for the City.
B. In 2022, Ameresco determined that additional landfill was available at the Ox Mountain landfill and proposed an amendment to the PPA to increase the generating capacity of the LFGTE project, increase the contract price, and extend the contract term by approximately 17 years.
C. Utilities staff has conducted an economic assessment of the amendment and concluded that it would provide a net benefit to the City.
D. The proposed amendment would increase Palo Alto's electric supply by 7.2% during the 2029-2046 period, enhance the supply portfolio’s diversity, and aid the City’s compliance with its Renewable Portfolio Standard (RPS) obligations.
E. The proposed Ox Mountain PPA amendment offers a strategic opportunity to secure a long-term supply of baseload renewable energy, enhance the resilience of the City’s electric supply portfolio, and advance the City’s sustainability objectives.
The Council of the City of Palo Alto does hereby RESOLVE as follows:
SECTION 1. The Council hereby authorizes the City Manager, or their designee, to execute Amendment No. 1 (Exhibit A) to the Power Purchase Agreement (PPA) with Ameresco Half Moon Bay LLC (Ameresco) to increase the generating capacity of the Ox Mountain LFGTE project, increase the contract price, and extend the contract term by approximately 17 years.
SECTION 2. The Council hereby increases the maximum spending authority under the PPA from $61,800,000 to $147,200,000.
SECTION 3. The Council hereby waives the application of the anti-speculation requirement of Section D.1 of the City’s Energy Risk Management Policy as it may apply to surplus electricity purchases resulting from the City’s execution of this amendment, due to the Item 6
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small increase in the facility’s generating capacity, the significant uncertainty surrounding the City’s load and hydroelectric generation projections, and the City’s need for the output to continue complying with its Renewable Portfolio Standard (RPS) procurement and Resource Adequacy requirements.
SECTION 4. The Council hereby finds that the execution of this amendment does not meet the definition of a project under the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section 21065 and CEQA Guidelines 15378 because this activity would not result in a reasonably foreseeable direct or indirect change in the environment.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ___________________________ Assistant City Attorney City Manager
___________________________
Director of Utilities
___________________________
Director of Administrative Services
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AMENDMENT NO. 1
TO
POWER PURCHASE AGREEMENT
This Amendment No. 1 to the Power Purchase Agreement dated January 19, 2005 (“First Amendment”) is made and entered into as of ________________ (the “First Amendment Effective Date”), by and bet ween Ameresco Half Moon Bay LLC, a Delaware limited liability company, (“Ameresco” or “Seller”) and the City of Palo Alto, a chartered city organized under the laws of the State of California (“Palo Alto” or “Buyer”) regarding the purchase and sale of additional energy from an expansion of Ameresco’s Plant located at the Ox Mountain Landfill (“Ox Mountain”).
Ameresco and Palo Alto may be referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used, but not defined herein shall have the meaning ascribed to such term in the Agreement.
RECITALS
WHEREAS, Palo Alto and Ameresco entered into a Power Purchase Agreement , dated January 19, 2005 (the “Agreement”) , whereby Palo Alto purchases a Percentage Share of the Output from Ameresco’s facilities at the Ox Mountain Landfill (the “Ox Mountain”); and
WHEREAS, Ameresco is pursuing the permitting, installation and interconnection of additional generating capacity at Ox Mountain (referred to in the Agreement as “Expansion Plant”) with the goal of increasing the capa city of the facility by up to 3.0 MW (“Additional Capacity”) ; and
WHEREAS, on March 29, 2023 Ameresco and Palo Alto entered into a non-binding Letter of Intent wherein Ameresco intends to sell to Palo Alto , and Palo Alto intends to purchase from Ameresco, fifty percent (50%) of the Additional Capacity; and WHEREAS, Ameresco anticipates that the Additional Capacity from the Expansion Plant will reach commercial operation during the first calendar quarter of 2026.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of w hich is hereby acknowledged, the Parties agree as follows:
AMENDMENT
1. Section 1.9.1 is added to the Agreement as follows:
Section 1.9.1 Expansion Plant Commercial Operation Date : The date upon which Commercial Operation of the Expansion Plant first occurs.
2. Section 1.13.1 is added to the Agreement as follows:
Section 1. 13.1 Expansion Plant Energy: The electricity generated by the Expansion Plant, of which a Percentage Share will be delivered to Buyer by the Seller Item 6
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pursuant to this Agreement (as amended) at the Point of Interconnection, as expressed in units of kilowatt-hours (kWh) or megawatt-hours (MWh).
3. S ection 2.1 Term is amended by adding the following paragraph to the end of existing Section 2.1:
Effective as of the Expansion Plant Commercial Oper at ion Date, the Agreement shall continue until the twentieth (20th) anniversary of the Expansion Plant Commercial Operation Date.
4. S ection 2.3 Price is amended by adding the following paragraph to the end of Section 2.3:
At and after the Expansion Plant Commercial Operation Date, Buyer shall pay S
eller $0.074 per kWh of Energy and Expansion Plant Energy delivered to Buyer at the Point of Interconnection , which price shall be escalated at the rate of either (i) 1% (of the then -current price) annually for years in which the CPI is three percent (3%) or less for the preceding twelve (12) months, or ( ii) 2% (of the then- current price) annually for years in which the CPI is greater than three percent (3%) for the preceding twelve (12) months. The price escalation shall take affect on the anniversary of the first day of the first full month following the Expansion Plant Commercial Operation Date or , in the event the Expansion Plant Commercial Operation Date falls on the first day of the month, the Expansion Plant Commercial Operation Date. For the avoidance of doubt, at and after the Expansion Plant Commercial Operation Date, this pricing applies to both the initial Output and the Expansion Plant Output. CPI shall be defined as the Consumer Price Index, published by the U.S. Bureau of Labor Statistics as the “CPI Index – All Urban Consumers (West Region)”.
If any Additional Capacity from the Expansion Plant does not qualify as resource adequacy capacity for the purposes of meeting Buyer’s resource adequacy compliance requirements , as determined by the California Independent System Operator (CAISO), the price per MWh of all Energy delivered to Buyer at the Point of Interconne ction shall be discounted by $0.00093/kWh from the then -current Price.
4. S
ection 2.5 Right of First Refusal for Expansion Plant and Expansion Plant Output is amended by adding the following sub-section (c):
(c) A s of the First Amendment Effective Date, Seller anticipates constructing and operating an Expansion Plant with an Additional Capacity up to three (3 .0) MW (the “First Expansion Plant Output”), with an expect ed, but not guaranteed, Expansion Plant Commercial Operation Date in the first calendar quarter of 2026.
In compliance with Section 2.5, Seller has offered Buyer the right to purchase its Percentage Share of the First Expansion Plant Output, and Buyer has exercised its right to take all of its Percentage Share of the First Expansion Plant Output.
5. Conditions P
recedent. This First Amendment shall have no effect unless or until Seller provides written notice to Buyer that each of the following conditions have been achieved Item 6
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or waived: (a) Seller has a fully executed amendment to that certain Landfill Gas Purchase Agreement between Ameresco Half Moon Bay, LLC and Browning-Ferris Industries of California, Inc., extending the term of that agreement for twenty (20) years from the date of the Expansion Plant Commercial Operation Date; and (b) Seller has obtained all material permits and authorizations from applicable Government Authorities to construct, own and operate the Expansion Plant. If Seller has not satisfied condition precedent (a) by December 31, 2024, Buyer may terminate this First Amendment by sending written notice to Seller.
6. Termination Right. If Seller, in its sole discretion, determines that the Expansion Plant is not economical, Seller may, by providing written notice to Buyer, terminate this First Amendment at any time on or before the later of (i) May 1, 2025, or (ii) 30 days after Seller’s receipt of final approval for the Expansion Plant from San Mateo County under the California Environmental Quality Act and from the Bay Area Air Quality Management District with respect to the Ox Mountain air permit. A ny termination of this First Amendment under Section 5 or 6 shall be a “no -fault” termination, and (i) no default or Event of Default will be deemed to have occurred under the Agreement in respect of any such termination, (ii) neither Party shall have any further liability to the other Party hereunder as a result of such termination, and (iii) the Agreement (without this First Amendment) will remain in full force and effect. If Seller has not satisfied the conditions precedent of this section and provided notice of same to Buyer prior to June 30, 2025, then Buyer may terminate this First Amendment by sending written notice to Seller.
7. T
erms and Conditions of the Agreement. Other than as expressly set forth in this First Amendment, all of the terms and conditions of the Agreement, and the respective rights and performance obligations under the same, not otherwise modified by, or made inconsistent with, the provisions of this First Amendment, shall remain in full force and effect and shall apply to this First Amendment; provided that to the extent there is a conf lict between the terms of this First Amendment and the terms of the Agreement, the terms of this First Amendment shall control to the extent of such conflict.
8. G
overning Law. This First Amendment shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of California.
9. C ounterparts . This First Amendment may be executed in two or more counterparts, each of which shall constitute an original, but all of which when taken together shall constitute but one and the same Agreement. Signatures to this First Amendment transmitted by facsimile, email, portable document format (or .pdf) or by any other electronic means intended to preserve the original graphic and pictorial appearance of this First Amendment shall have the same effect as the physical delivery of the paper document bearing original signature.
10. N
o Other Amendment. Except as expressly amended hereby, the terms and provisions of the Agreement remain in full force and effec t and are ratified and confirmed by the Parties in all respects as of the First Amendment Effective Date.
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IN WITNESS WHEREOF, the Parties have caused this First Amendment to be signed as of the First Amendment Effective Date.
THE CITY OF PALO ALTO,
CALIFORNIA
Approval as to Form:
AMERESCO HALF MOON BAY LLC
By Ameresco, Inc., its sole member
By: ______________________________
Name: Amy Bartell
Date: ____________________________
By:
Name:
Title:
THE CITY OF PALO ALTO,
CALIFORNIA
Approval by Utilities Director
By: ______________________________
Name: Dean Batchelor
Date: ____________________________
THE CITY OF PALO ALTO,
CALIFORNIA
Approval by City Manager
By: ______________________________
Name: ___________________________
Date: ____________________________
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: April 22, 2024
Report #:2403-2743
TITLE
Approval of Construction Contract Number C24190641A with Valhalla Builders, Inc. in the Amount of $460,900 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project up to a Not-to- Exceed Amount of $46,090 for the Performing Arts Venues Seat Replacement Project at Lucie Stern Community Theatre, Capital Improvement Program Project AC-18000; CEQA Status – Exempt Under CEQA Guidelines Section 15301
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute construction contract no. C24190641A with Valhalla Builders, Inc. in the amount of $460,900 for Performing Arts Venues Seat Replacement, Capital Improvement Program project AC-18000; and
2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to the construction contract with Valhalla Builders, Inc. for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $46,090.
BACKGROUND
The existing Lucie Stern Community Theatre seats have been in service for many decades and are exhibiting signs of severe wear, including the inability for the seat cushions to self-rise, leading to inadequate aisle width for egress. There have been attempts over the years to rehabilitate the seats, but due to the age of the mechanisms, their components are now obsolete. To avoid the potential for fire and building code violations as well as safety concerns during emergency evacuations, staff has determined that the seats must be replaced.
Additionally, the City’s ADA Transition Plan documents the need to address requirements for access compliance.
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ANALYSIS
Staff recommends approval of Contract No. C24190641A1 in order to provide replacement of the existing theatre seats. The project will replace the existing seats with a more modern configuration that allows for gravity to raise the seat cushions in lieu of spring-loaded mechanisms. The upper portions of the entrance ramps will be reconfigured to provide access to a newly raised concrete platform which is configured for both wheelchair and companion seating. There will be additional ambulatory seating strategically placed at the ends of the rows at the aisles. The work will occur during the planned closure of the theatre from May 13, 2024 through August 8, 2024.
Bid Process
On March 27, 2024, an Invitation for Bids (IFB) for the Community Theatre Seat Replacement- REBID project was posted on OpenGov, the City’s eProcurement system. The bidding period was 12 calendar days. The City received three (3) bids from qualified contractors on April 8, 2024, as listed on the attached Bid Summary (Attachment A).
Table 1: Summary of invitation for Bids
Project Bid Name/Number Community Theatre Seat Replacement-REBID IFB #190641A
Proposed Length of Project May 13 – Aug 8, 2024
Number of Bid Packages Downloaded by
Contractors
8 Number of Bid Packages Downloaded by
Builder’s Exchanges
2 Total Days to Respond to Bid 12
Mandatory Pre-Bid Meeting No
Number of Company Attendees at Pre-Bid
Meeting
N/A
Number of Bids Received 3
Base Bid Price Range
$460,900 - $581,501
Public Link to Solicitation https://procurement.opengov.com/portal/palo- alto-ca/projects/87752
Bids ranged from $460,900 to $581,501 and from 36% to 71% above the engineer’s estimate of $340,000. Staff reviewed the submitted bids and recommends acceptance of the base bid submitted by Valhalla Builders, Inc. in the amount of $460,900, and that Valhalla Builders, Inc. be declared the lowest responsible bidder. The higher bids are attributed to current global economic inflationary pressures as well as necessary just-in-time delivery expectations for a 1 Valhalla Builders, Inc. Construction Contract C24190641A; https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip- contracts/c24190641a-valhalla-builders_cc_staff-report.pdf Item 7
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project with a short window of opportunity for construction. The construction contingency amount of $46,090, which equals 10% of the total contract value, is requested for related, additional but unforeseen work which may develop during the project, implemented via City- approved Change Order.
Staff reviewed information and similar projects performed by the lowest bidder, Valhalla Builders, Inc. and found them to be the lowest responsive and responsible bidder. Staff also checked with the Contractor's State License Board and determined that the contractor has an active license on file.
FISCAL/RESOURCE IMPACT
Funding for this contract is available in the Fiscal Year 2024 Adopted Budget for the Capital Improvement Program Performing Venues Seat Replacement (AC-18000) project.
STAKEHOLDER ENGAGEMENT
The Performing Arts Venues Seat Replacement Project has been coordinated with the Public Works, Administrative Services, and Community Services Departments as well as other user groups that rent the Lucie Stern Community Theatre. The work will take place during the coordinated closure of the facility between May 13, 2024 and August 8, 2024.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as repair, maintenance and/or minor alteration of existing facilities and no further environmental review is necessary.
ATTACHMENTS
Attachment A: Bid Summary
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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ATTACHMENT A - BID TABULATION
BID RESULTS FOR Lucie Stern Community Theatre Seat Replacement Project (IFB 190641)
BID ITEM DESCRIPTION Unit of
Measure
Qty Ron Paris
Construction
Co, Inc.
Selway Construction Valhalla Builders, Inc.
(Lowest Responsible Bidder)
Base Bid Community Theatre as a Turn-
Key
Project
LS 1 $462,027 $581,501 $460,900
Engineer Estimate LS 1 $340,000 $340,000 $340,000
Percent Difference 36% 71% 36%
Notes: 1. Determination of Lowest Bid - The lowest bid shall be the lowest Base Bid. There were no additive or deductive alternate items.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: April 22, 2024
Staff Report: 2402-2599
TITLE
Approval of Professional Services Contract No. C24190042 With BKF Engineers in a Total Not-to- Exceed Amount for $283,250 for Land Surveying Services for One Year; CEQA – Not a Project.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Contract No. C24190042 (Attachment A) with BKF Engineers to provide land surveying services for a term of one year and a total not-to-exceed amount of $283,250, including $265,000 for basic services and up to $18,250 for additional services.
BACKGROUND
The Utilities Engineering Division Water, Gas, and Wastewater (WGW) perform in-house designs for all main replacement projects under the Capital Improvement Program (CIP). Since 2010, WGW Engineering has contracted with several land surveying companies to collect GPS survey information of existing above-ground features within the project areas for WGW main replacement projects. The survey information is utilized to verify and correct the existing utilities GIS base map and obtain the elevations of existing surface features and underground utilities. An updated base map enhances the accuracy of utility design drawings and reduces conflicts during the installation of new utilities.
ANALYSIS
This surveying services contract will cover approximately 36,324 linear feet of various streets throughout the City over a period of 34 weeks. Topographic survey data will be collected within the entire width of the public right-of-way and on a portion of private properties. The survey data collected under this contract will help with the design of Water, Gas, and Sewer projects, including Water Main Replacement Project 31; Gas Main Replacement Projects 26; and Sanitary Sewer Rehabilitation Project 32.
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On December 10, 2023, a request for proposals (RFP) for the Surveying Contract FY24 was posted on OpenGov through the City’s web portal. A total of 26 providers downloaded the RFP package, and the Utilities Department received responses from two consulting firms.
Utilities Engineering staff reviewed the two proposals for accuracy and completeness and rated the consultants in accordance with factors defined in Palo Alto Municipal Code Section 2.30.410.
BKF Engineers was selected as the top-ranked proposer and also submitted the lowest cost proposal. BKF is a relatively large engineering and surveying firm with adequate resources to allocate staff to perform the work under this contract and have performed satisfactorily on previous projects for the City. BKF Engineers initially proposed a cost of $298,855, but staff negotiated a reduction in the total cost to $283,250. Based on the City’s experience with BKF’s two previous surveying contracts, the negotiated price was determined to be reasonable for the work being performed.
Table 1 – Summary of Solicitation Process:
FISCAL/RESOURCE IMPACT
Funding for the contract is available in the FY 2024 CIP Utility GIS Data project (WS-02014). Water, Gas, and Wastewater utilities will each be responsible for one-third of the cost.
STAKEHOLDER ENGAGEMENT
Stakeholder engagement for this project consisted of the request for proposal and bidding process described above that was posted publicly.
ENVIRONMENTAL REVIEW
Council’s approval of this term agreement for surveying services is not a project under the California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect Proposal Description/Number RFP #190042
Proposed Length of Project 34 weeks
Number of Notices sent to providers via City’s
eProcurement System (OpenGov) 2,920
Number of RFP Packages Downloaded by
Consultants 26
Total Days to Respond to Proposal 37
Number of Proposals Received 2
Company Name
Bid 1: BKF Engineers
Bid 2: Bowman & Williams
Address
1730 N. First Street, Suite 600 San Jose, CA 95112
2601 41st Ave, Suite E, Soquel, CA 95073
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physical change in the environment. Any future projects informed by the survey will be subject to CEQA Review at the time of approval.
ATTACHMENTS
Attachment A – Contract with BKF Engineers; C24190042
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Tuan Nguyen, Principal Engineer – WGW
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 CITY OF PALO ALTO CONTRACT NO. C24190042
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND BKF ENGINEERS
This Agreement for Professional Services (this “Agreement”) is entered into as of the 1st day of April, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BKF ENGINEERS , a Corporation, located at 255 Shoreline Drive, Suite 200, Redwood City, CA 94065
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to collect topographic survey data (the “Project”) and desires to engage a consultant to provide surveying services in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through March 31, 2025 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
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C24190042
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Two Hundred Sixty- Five Thousand Dollars ($265,000). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Eighteen Thousand Two Hundred Fifty Dollars ($18,250) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Two Hundred Eighty-Three Thousand Two Hundred Fifty Dollars ($283,250), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule 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.
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C24190042
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 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 13 (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 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 Project 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
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 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 will 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 related 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, successors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Benjamin Santos, Telephone: 408-467-9171 Email: [email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Tuan Nguyen, Utilities Department, WGW Division, 1007 Elwell, Palo Alto, CA, 94303, Telephone: (650) 566-4547, Email: [email protected]. CITY’s
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 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 14. 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 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.
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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 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with 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 Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
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19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT 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).
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 City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
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.
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 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 covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an 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 Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code 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
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations.
CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR.
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
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 employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code 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, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the
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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:
EXHIBIT C:
SCHEDULE OF PERFORMANCE
COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D:
EXHIBIT E:
EXHIBIT F:
INSURANCE REQUIREMENTS
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES
(MUTCD) ROLLING MOBILE TRAFFIC CONTROL
DEFINED WORK AREAS FOR SURVEY MAP
REQUIREMENTS FOR TRAFFIC CONTROL PLAN
SUBMISSION
EXHIBIT G:
EXHIBIT H:
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 CONTRACT NO. C24190042 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 BKF ENGINEERS
____________________________
City Manager
By _________________
Davis Thresh, PLS
Name:_______________________________
Vice PresidentTitle:________________________________
APPROVED AS TO FORM:
__________________________
City Attorney or designee
B ________________________
Name:_
J
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_
a
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n
__
C
_
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__________________
_____
Title:__C_F_O__________________________
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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.
General Scope:
CONSULTANT will provide the surveying services described in this Exhibit A for the entire Defined Work Area, as described in Table 1 below and Exhibit G.
The City of Palo Alto has established a GPS Control Network and survey control monuments throughout the City to be used as the official survey control benchmarks. All surveying and engineering-related work shall use these monuments in order for the projects to be incorporated into the City's GIS mapping. To satisfy the City of Palo Alto horizontal coordinate & vertical datums, the surveyor must tie the requested work to the City GPS control monuments prepared by Bestor Engineers in 1994 and submit your northings and eastings in the City’s coordinate system. The City will not accept deliverables in other coordinates systems and/or own local ("project") coordinate systems.
The coordinates shown on the record of survey are based on the North American Datum of 1983 [NAD 83(1992 epoch)] in the California State Plane Coordinate System, (zone 3) in units of survey feet. Vertical elevations are based upon the NGVD 29 as per the USC&GS adjustment of 1967. Additional information concerning elevations and secondary vertical control benchmarks to be used for vertical control only is on file and available at the City of Palo Alto Public Works engineering surveying office. The data provided by Public Works is intended to be used as a reference.
Horizontal and vertical control reference point data is available upon request. Copies of full size of the Record of Survey and Survey Control Monument maps prepared by Bestor Engineers, Inc. dated February 1994 are available at the Utilities Engineering Office.
CONSULTANT’s California Licensed Land Surveyor is responsible to setup all control points needed to perform the survey work. The accuracy for all survey data shall be +/- 0.5 in; with an exception of gas meter risers on private properties to be +/- 0.5 ft. All survey data collected shall be certified by a California Licensed Land Surveyor. Roughly 30-40% of all gas meter risers are
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 behind property fences, shrubs, or other obstructions. The survey data shall be measured in U.S.
Survey Feet.
Survey data shall be collected within the entire width of the street and on private properties to include all features identified below. The extents of the survey area shall cover the full intersections to curb returns.
The CONSULTANT shall obtain approval from business/homeowners or occupants to access private properties or easements for collecting required survey data. No additional compensation will be made for delays due to private property access issues. The CONSULTANT shall provide necessary traffic control to meet the CPA Transportation Department’s standards, shown in Exhibit H to this Agreement. No additional compensation will be made for traffic control on major streets.
The CONSULTANT shall use CPAU WGW Engineering’s "feature codes" for naming convention and refer to the feature capture-positions in the attached ‘Feature Codes and Feature Capture-Positions’ list.
Site and Traffic Control:
All work shall be conducted in a safe manner and in strict accordance with the rules of the State Division of Industrial Safety (Cal. OSHA). The CONSULTANT shall take all reasonable precautions necessary to protect from personal injury all workers and other persons who may be in or about the work area and to prevent damage to both public and private property. Workers in the area shall wear orange safety vests and hard hats at all times.
The CONSULTANT shall assume sole and complete responsibility for job site conditions during the course of this survey project, including the safety of all persons and property; that this requirement shall apply continuously and not be limited to normal working hours; and that the CONSULTANT shall defend, indemnify and hold the City harmless from any and all liability, real or alleged, in connection with the performance of work on this project.
Work on arterial and collector streets (including El Camino Real, San Antonio Avenue, Foothill Expressway, Sand Hill Road, Middlefield Road, Arastradero Road, Loma Verde Avenue, California Avenue, and Manuela Avenue) will not be permitted between the hours of 7 and 9 a.m. and 4 and 6 p.m. to avoid traffic congestion to the public (refer to California Road System Map for road functional classification).
The CONSULTANT shall comply with the attached Manual On Uniform Traffic Control Devices (MUTCD) Rolling Mobile Traffic Control requirements (shown in Exhibit F) for short term work. Any work that is longer than 15 minutes at one particular spot requires a more specific traffic control plan to be submitted for CPA Transportation Department’s review and approval, per Exhibit H.
The above requirements are minimum and do not limit the CONSULTANT’s responsibility of doing all that is practical and necessary to ensure the safety of workers, pedestrians, bicyclists, and motorists.
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 Data to be Collected:
Collect horizontal and vertical data for:
1. Sanitary sewer manholes (lid center, depth, and invert elevations for each pipe, including pipe size/diameter, with in/out directions relative to magnetic north)
2. Storm drain manholes and catch basins (lid center, depth, and invert elevations for each pipe, including pipe size/diameter, with in/out directions relative to magnetic north)
3. Gas and water valves (cover and stem elevations)
4. Street surface along the crown of the pavement (i.e. along the approximate centerline of the street width) at grade breaks and every 50’ maximum Collect horizontal data for:
(collect data at center of manholes/lids/boxes, unless otherwise noted)
1. Electrical/Fiber Optic/Telephone manholes and boxes
a. For Electrical/Fiber Optic/Telephone boxes - measure box dimension and collect survey data of two opposing corners
2. Electric poles and guy wire anchors
3. Fire hydrants (center of hydrant)
4. Anode boxes
5. Air relief valves
6. Water meters, gas meters, and the City of Palo Alto assigned gas meter numbers
7. Gas meter risers (end of riser at ground penetration)
8. Sanitary sewer cleanout boxes/lampholes/flush inlets
9. Monuments
10. Front and back of sidewalk, face of curb, lip of gutter, and edge of pavement on both sides of the street. For linear alignment, collect data at both ends of the block. For non-linear alignment, collect data at every turning point.
Additional surveying services, if authorized, will be described in a Task Order and compensated as set forth in Exhibit C.
Deliverables:
- Northing and easting coordinate text files (PNEZD) of all required survey data, including all control survey points, in .csv format, including feature code and description of each point in the spreadsheet (all point descriptions shall be in the same description column).
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 Table 1Defined Work Areas (See Exhibit G for Survey Map) SHEE
T NO.
APPROX.
LENGTH (FEET)STREET BETWEEN AND
END OF SAN CARLOS
CTSAN CARLOS CT MIDDLEFIELD RD 5706
8 8
8 8
9 ASH ST STANFORD AVE
LELAND AVE
OXFORD AVE
STANFORD AVE
OXFORD AVE
COLLEGE AVE
EL VERANO AVE
300
358BIRCH ST
BIRCH ST
BIRCH ST
BRYANT ST
STANFORD AVE
OXFORD AVE
296
228
EL DORADO AVE 2832
EL DORADO
AVE RAMONA ST SOUTH CT 3209
9 9
SOUTH CT EL CARMELO AVE
EL CARMELO AVE
LOMA VERDE AVE
EL VERANO AVE
977
RAMONA ST 1887
EMERSON STREET
(END OF CUL-DE-SAC)EMERSON ST EL CARMELO AVE
ALMA ST
2275
1661
1306
465
9 9
9 EL CARMELO
AVE
LOMA VERDE
AVE
CAMPESINO
AVE
WAVERLEY AVE
SOUTH CTALMA ST
RAMONA ST BRYANT ST9
9 9
9 9
EL VERANO AVE ALMA ST RAMONA AVE
BRYANT ST
414
426
912
994
EL VERANO AVE RAMONA ST
ALMA ST EL DORADO AVE EL CARMELO AVE
EL CARMELO AVEWAVERLEY ST EL DORADO AVE
RAMONA
CIRCLE ROOSEVELT CIR RAMONA CIR 96110
10 11
ROOSEVELT CIR RAMONA ST REDWOOD CIR
FERNE AVE
1871
1950ALMA ST ELY PLACE
GREENMEADOW
WAY ALMA ST CREEKSIDE DR 396
831
11 11
GREENMEADOW
WAY
DUNCAN PLACE
EASEMENTCREEKSIDE DR
DUNCUN PLACE
EASEMENT CREEKSIDE DR
ALMA ST
DUNCAN PLACE
FERNE CT
300
262
11 11 FERNE AVE
EDGEWOOD
DRIVE EDGEWOOD DRIVE CHANNING AVE 10602
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EDGEWOOD
DRIVE (CUL DE
SAC)
EDGEWOOD
DRIVE (CUL DE
SAC)
(CUL DE SAC) EDGEWOOD DRIVE
EDGEWOOD DRIVE
226
230
2 (CUL DE SAC)
2 2 CHANNING AVE WILDWOOD AVE
ST FRANCISCO
DRIVE
WEST BAYSHORE RD
CHANNING AVE
823
102EMBARCADERO RD2
SANDALWOOD
CT (CUL DE SAC) CHANNING AVE 2482
3 4
ADDISSON AVE
NEWELL RD
CHANNING AVE FIFE AVE 980
EMBARCADERO RD CHANNING AVE 2028
NORTH
CALIFORNIA
AVE
MIDDLEFIELD
RD
EAST MEADOW
DR
COWPER ST WEBSTER ST 374
5 7 ASHTON AVE
COWPER ST
EAST MEADOW DR
GROVE AVE
1471
4697
7 7
7 7
7 ASHTON AVE
MURDOCH DR
MURDOCH CT
ALGER DR
ASHTON CT
ASHTON AVE
MURDOCH CT
COWPER ST
ALGER DR
MIDDLEFIELD RD
ALGER DR
406
825
171
379
149
806
911
1683
191
MURDOCH CT END
MURDOCH DR
EAST MEADOW DR
LAGUNA AVE
LOUIS RD
COWPER ST
ILIMA CT PARADISE WAY
ROSS RD
12 13 AMES AVE
RORKE WAY
AMES CT
13 13
AMES AVE AMES AVE
AMES AVE END OF CUL-DE-SAC
TOTAL 36,324
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 Table 2: Feature Codes and Feature Capture-Positions
Feature Description
SURVEY REFERENCE POINT
Benchmark
Feature Code Feature Capture-Position
BM
Back Site Point
ROAD FEATURES
Back of Curb
BSPT
BOC
BORC
Back of curb
Back of rolling curbBack of Rolling Curb
Bridge, Edge BREDGE
BSW
BVG
CROWN
DITCH
DWY
EOP
FENCE
FL
FOC
Edges of bridge outline
End pts. on straight alignment & every turning pt.
At flow line
End pts. on straight alignment & every turning pt.
At flow line
Edge of driveway both sides
Both ends of the block and every turning pt.
End pts. on straight alignment & every turning pt.
End pts. on straight alignment & every turning pt.
End pts. on straight alignment & every turning pt.
End pts. on straight alignment & every turning pt.
As needed
Center of lid/cover
As needed
As needed
As needed
Back of Sidewalk
Back of Valley Gutter
Crown of Street
Ditch
Driveway
Edge of Pavement
Fence
Flow Line
Face of curb
Lip of Gutter
Loop Detector
Street Monument
Swale at Flow Line
Traffic Speed Control
Traffic Speed Donut
Street Turn Around
Guard Rail
LOG
LOOPDE
MONSTR
SWALE
TRSPCN
TRSPDON
TURNARO
GUARDR
PARKING
SPEEDB
As needed
As needed
Edges of parking lot
As needed
Parking Lot
Speed Bumps
BUILDING
Building BLDG Building corners
WATER
Air Relief Valve
Detector Check Valve
Fire Hydrant
Water Main
Water Main Tapping Tee
Water Service
Water Valve - Main
Water Valve - Service
Water Valve - Fire Hydrant
Water Valve - Blow-Off
Water Meter
WTARV
WTDCV
WTFH
Center of valve
Center of valve
Center of hydrant at ground elevation
End pts. on straight alignment & every turning pt.
Service connection point to main
End pts. on straight alignment & every turning pt.
Center of lid/cover
Center of lid/cover
Center of lid/cover
Center of lid/cover
Center of meter
WMAIN
WTTEE
WTSVC
WTVMAIN
WTVSVC
WTVFH
WTVBO
WTM
GAS
Existing Anode Box
Gas Meter
ANOBOX
GM
Center of lid/cover
Center of meter
Gas Meter Curb
Gas Riser
GMCURB
GRISER
Center of valve
Front of riser perpendicular to main
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 Feature Description
Gas Main
Gas Main Tapping Tee
Gas Service
Feature Code
GMAIN
GTEE
GSVC
GVMAIN
GVSVC
Feature Capture-Position
End pts. on straight alignment & every turning pt.
Service connection point to main
End pts. on straight alignment & every turning pt.
Center of lid/coverGas Valve - Main
Gas Valve - Service
WASTEWATER
Wastewater Main
Wastewater Main Tapping Tee
Wastewater Lateral
Wastewater Clean Out
Wastewater Flushing Inlet
Wastewater Lamp Hole
Wastewater Manhole
ELECTRIC
Center of lid/cover
WWMAIN
WWTEE
WWLAT
WWCO
WWFI
WWLH
WWMH
End pts. on straight alignment & every turning pt.
Lateral connection point to main
End pts. on straight alignment & every turning pt.
Center of lid/cover
Center of lid/cover
Center of lid/cover
Center of lid/cover
Electrical Vault 1,2,3,4 Lids
Electrical Manhole
Fiber Optic Manhole
Fiber Optic Vault
Telephone MH
ELVLT
EMH
FMH
FVAULT
TELMH
TELVAULT
Center of vault
Center of lid/cover
Center of lid/cover
Center of vault
Center of lid/cover
Center of vaultTelephone Vault
STORM DRAIN
Box Culvert
Catch Basin
BOXCLV
CB
Center line
Center of grate
SD Headwall
SD Inlet
SDHW
SDIN
As needed
As needed
SD Manhole SDMH Center of lid/cover
Contractor shall provide the City of Palo Alto the lists of all survey code and descriptions not included in the table above.
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 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.
1B.
2. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
TASK ORDER NO.:
CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ BUDGET CODE_______________5.
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. 7.
CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 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.
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED: APPROVED:
CITY OF PALO ALTO COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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.
Completion Number of Days/Weeks (as
Milestones
1. Survey Control
specified below) from NTP
1 Week
2. Data Collection for Defined Work Areas
3. Deliverable Submittals for Defined Work
Areas
30 Weeks
34 Weeks
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(Survey Work Services)
Sub-total for Services
Reimbursable Expenses (if any)
Total for Services and Reimbursable Expenses
Additional Services (if any, per Section 4)
Maximum Total Compensation
$265,000
$265,000
$0
$265,000
$18,250
$283,250
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
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.
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 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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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 EXHIBIT C-1
SCHEDULE OF RATES
Compensation for the base scope of work will be on a lump sum basis as described in Exhibit C.
Compensation for any Additional Services, if authorized, will be on an hourly basis, up to the not to exceed amount for Additional Services specified in Exhibit C. CONSULTANT’s schedule of rates for any Additional Services is as follows:
Additional Survey Work, if Authorized – Prevailing Wages Apply ITEM UNIT QTY. DESCRIPTION
Hourly rate for a two-man survey crew
for additional survey work on an as-
needed basis.
UNIT COST
$365/hourOptional Hour 50
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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.
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH AGGREGATE
STATUTORY
OCCURRENCE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY
BODILY INJURY $1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
BODILY INJURY $1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
-
-
EACH PERSON
EACH OCCURRENCEYES
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED PROPERTY DAMAGE $1,000,000
$1,000,000
$1,000,000
$1,000,000BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
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.
B.
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.
CROSS LIABILITY
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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 LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. 2.
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.
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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EXHIBIT E
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any, to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.
CITY provides notice to CONSULTANT of the requirements of California Labor Code Section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR. Additional information regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time.
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation.
CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).
CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to:
Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively.
At the request of CITY, acting by its Project Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s request.
CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during the Project.
If the certified payroll records are not provided as required within the 10-day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT.
Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY’s Project Manager within five (5) business days of any change of location of those payroll records.
Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in Section 1815.
CONSULTANT shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers’ compensation to its employees before beginning work (Labor Code 1861).
CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).
CONSULTANT shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.
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MUTCD ROLLING MOBILE TRAFFIC CONTROL
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EXHIBIT G - MAP OF DEFINED WORK AREAS
G RE E R RO A D
D
B AY S HO RE FRE E W A Y
V A N A UK E N CIRCLE
CO L O NIA L L A NE
L O UIS RO A D
S O UTHA M P TO N DRIV E
RO RK E W A Y
RO S S RO A D
CO A S T L A ND DRIV E
G UINDA S TRE E T
MIDD LE FIEL D RO A D MIDD LE FIELD RO A D MIDD LE F ELD RO A D
S T MICHA E L DRIV E M U RDO CH DR IV E
M IDDL E FIELD RO AD
W E B S TE R S TRE E T
S T M ICHA E L CO URT B Y RO N S TRE E T
S T MICHA E L DRIV E
R
CO W P E R S TRE E T
CO W P E R S TRE E T CO W PE R S TRE ET
K IP LING S TRE E T
W A V E RLE Y S TR EE T
MUMFO RD P L A CE
B RIA R W O O D W A Y
E M E RS O N S TRE E T
HIG H S TRE E T E M E RS O N S TRE E T
A L M A S TRE E T A LM A S TRE ET A LM A S TRE ET
CE S A NO CO URT
JULIE CO URT
C
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2300
1103
SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 2 OF 13 ALTO
UTILITIES
0 200100
Feet DATE: 12/2023
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SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 3 OF 13 ALTO
UTILITIES
0 200
Feet
100
DATE: 12/2023
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SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 4 OF 13 ALTO
UTILITIES
0 200
Feet
100
DATE: 12/2023
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SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 5 OF 13 ALTO
UTILITIES
0 200100
Feet DATE: 12/2023
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SUTTER AVENUE
SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 6 OF 13 ALTO
UTILITIES
0 200100
Feet DATE: 12/2023
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700
701
609
SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 7 OF 13 ALTO
UTILITIES
0 200100
Feet DATE: 12/2023
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BIRCH STREET BIRCH STREETIRCH STREET BIRCH STREET
304
315
323 328
333 332
342
350351
354
363
381
380
390
422
SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 8 OF 13 ALTO
UTILITIES
0 200100
Feet DATE: 12/2023
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KIPLING STREET
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EMERSON STREETILLAGE LANE
3557
A
132-44-110
132-42-083
132-44-111
132-42-084
SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 10 OF 13 ALTO
UTILITIES
0 400200
Feet DATE: 12/2023
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313
305
318
4120
303
288
4140
272
RD PLACE 281
4006 4005
4009
278 4093
270
265
261
244 250
BRIARWOOD WAY251
241
235
219
4081
4077
236
4021
230
207
201
4026
193
173
119-
128
117 116
110
119 101-
113 100
148-03-063
148-03-064
SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 11 OF 13 ALTO
UTILITIES
0 200100
Feet DATE: 12/2023
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SCOPE OF WORK FOR
SURVEY CONTRACT FY 2024
CITY OF
PALO
SHEET 12 OF 13 ALTO
UTILITIES
0 200100
Feet DATE: 12/2023
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 3330
787
3340
3337
789
3343
AMES AVENUE
3349
3355
3366
3370 806 895 8803377 3369
3375
807
811
894 872 3360
3370
880A
3376 810 878
3374 8743387 891 890
815
819
887 3385
3395
814
3401
883
818
822 823 879
3405
3415
3413
826 34703450
827
831
8753427
3412
830 871 3476
3482
3425
3435
3441
834
3455
3488
838 3445
3455
3460
3475
3492
3498
3465
3479
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EXHIBIT H
REQUIREMENTS FOR TRAFFIC CONTROL PLAN SUBMISSION
A draft traffic control plan, consistent with the following applicable conditions, must be included in every permit application submitted to the City of Palo Alto Public Works Department for projects that involve work within the City right-of-way. The traffic control plan must be approved prior to the start of work within the City right-of-way. The Public Works Department and the Planning and Community Environment Department - Transportation Division may require additional measures of traffic control or time-of-work restrictions on a case-by-case basis. Below are some guidelines for producing this required plan:
General Traffic Control Plan Submission Requirements:
The Applicant shall submit traffic control plans to the Public Works Department for approval at the time of the submission of the permit application. The Public Works Department may require approval from other departments depending on the location, duration, and type of work to be conducted. Additional requirements include, but may not be limited to the following:
1. Submitted traffic control plans shall include a schedule of construction showing each phase of the Project and the anticipated method of handling traffic for each phase. The plan shall include a to-scale drawing of the street, lane configuration (including all bicycle lanes), on- street parking, and sidewalks relative to the Project area extended the furthest temporary traffic control device. The location of signs, barricades, cones, etc., to warn, direct, and guide the traffic shall be shown on the plan. The work shall not restrict visibility of any existing traffic control devices, including traffic signals, signs, etc. Otherwise, temporary installation of supplemental traffic control devices will be required.
2. The Applicant shall refer to the California Manual on Uniform Traffic Control Devices (CA- MUTCD) and/or the Work Area Traffic Control Handbook (WATCH) for traffic control planning. The plan shall meet the requirements for the speed limit of the street(s) affected, or post temporary, reduced construction zone speed limits.
3. An electronic arrow board warning device may be required for shifting of traffic to the wrong side of the road, merging of lanes on arterial roadways, and as otherwise required in the approved traffic control plan.
4. All signs at the Project site shall conform to the most recent Caltrans standards and be of the international symbol design whenever available.
5. The Applicant will be required to pay for any public off-street time-limited parking spaces, within the University Avenue and California Avenue business districts or Stanford University areas that will be rendered unusable to the public as a result of the Project. These permits are available from the Public Works Department. This includes spaces to maintain traffic lanes, for parking of construction vehicles during the work hours, or for issuing parking permits to the parked vehicles displaced from their private parking spaces, etc. The proposed use of parking spaces must be included in the draft traffic control plan.
6. The Applicant shall maintain one lane of traffic in each direction at all times on all streets.
The clear width of the lane shall be a minimum of 10 feet per lane, or 12 feet, if only one lane is provided. Any required flagging operations shall conform to Caltrans standards for dress, equipment and execution of this operation.
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7. If the Project site does not conform to the approved traffic control plan at all times, the Police Department may take over the traffic control at the expense of the Applicant. The Public Works Department and the Planning and Community Environment Department - Transportation Division have the authority to issue a stop-work order if the Project site violates minimum traffic safety standards.
Temporary Detours (Vehicle, Bicycle, and Pedestrian)
In general, the Applicant shall maintain all motor vehicle, pedestrian, and bicycle movements.
Total closures of arterials, collector streets, business district streets, driveways, or alleys will normally not be permitted. Closures of designated bicycle boulevards and school routes, as shown on adopted Walk and Roll Maps, will only be permitted on a case-by-case basis. Closure of local streets may be permitted; however, the Applicant shall always maintain access to abutting parcels and access for emergency vehicles.
8. A minimum four-foot-wide (4-foot-wide) clear sidewalk shall be maintained at all times, unless the Project makes closure unavoidable, in which case the sidewalk may be closed only while working, subject to permit approval. An alternate pedestrian route may be required for the duration of the closure. These alternate pedestrian routes shall conform to the requirements of the California Building Code (CBC) and the U.S. Access Board Guidelines for Public Rights-of-way. At intersections, work will be permitted on only one corner at a time in order to maintain safe pedestrian movements through the intersection. Each crosswalk and sidewalk, when interrupted by excavation, shall be provided with a safe pedestrian crossing platform with handrails. Any damaged pavement markings shall be temporarily restored prior to returning the area to the public use. Permanent restoration must be accomplished within seven
(7) days of project completion.
9. Any Project that requires detouring bicycle traffic from bicycle boulevards and school routes, as shown on adopted Walk and Roll Maps, shall provide a continuously-signed bicycle detour route that does not require bicyclists to travel along a sidewalk, arterial, expressway, or highway (i.e. El Camino Real). Temporary two-way bicycle paths must be a minimum of eight (8) feet wide and approved by the Planning and Community Environment Department – Transportation Division. Temporary one-way bicycle paths must be a minimum of six (6) feet wide and approved by the Planning and Community Environment Department – Transportation Division.
10. If Project will impact transit stops or transit routes, the traffic control plan should indicate what actions will be taken to mitigate impacts on transit services such as providing alternative/temporary transit stop locations, temporary wayfinding signage, and alternative route locations suitable for oversized buses.
General Time Restrictions for Construction Activities
General work hours allowed are Monday through Friday, 8:00 AM to 6:00 PM, and Saturday 9:00 AM to 6:00 PM. Area specific time restrictions for temporary traffic control are considered on a case by case basis; however the following restrictions are typically followed:
11. Work on arterial and collector streets will not be permitted between the hours of 7:00 and 9:00 AM and 4:00 and 6:00 PM. The streets include: Alma St, Arastradero Rd, Arboretum Dr, California Ave, Channing Ave, Colorado Ave, E Bayshore Rd, E Charleston Rd, E Meadow Cir, E Rev 6/30/16
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 Meadow Dr, Embarcadero Rd, Fabian Wy, Louis Rd, Middlefield Rd, Palo Alto Ave (west of Alma St), San Antonio Rd, Sand Hill Rd, University Ave, Hansen Wy, Hillview Dr, Park Blvd, Stanford Ave, Quarry Rd, W Charleston Rd, Bayshore Rd W Meadow Dr, and Welch Rd. Any exceptions to these must be approved by both the Public Works Department and Planning and Community Environment Department – Transportation Division.
12. Projects affecting motor vehicle, pedestrian or bicycle traffic in business districts is generally only permitted between the hours of 9:00 AM and 4:00 PM. Business Districts are generally considered to be the following areas:
• University Ave District (Downtown): bounded by Alma St, Webster Ave, Lytton Ave, Forest Ave
• California Ave District: bounded by El Camino Real, Caltrain corridor, Sherman Ave and Cambridge Ave
13. No work will be permitted within 1500 feet of school grounds or along school routes, as shown on adopted Walk and Roll Maps, until after 8:45 AM on school days (see current PAUSD School Year Calendar). Other special restrictions may be required at heavily used school crossings or on school routes beyond the 1500-foot distance, as deemed necessary for student safety.
Public Notification
The Applicant shall notify the abutting property owners and tenants at least 72 hours before commencing work on the project. If the driveway to any garage or parking area will need to be closed for permitted construction work, the affected property owner or tenant shall be served notice in writing regarding this necessary closure. Arrangements shall be made with this owner or tenant to provide mitigation measures that are acceptable to them. Evidence of these negotiated mitigation measures must be submitted with the draft traffic control plan. Additional notification may be required by the Public Works Department, depending on the location and scale of the project.
14. The Permittee is responsible for posting "No Parking-Tow Away" signs if temporarily restricted parking is necessary. A minimum of 72 hours advance notification is required for this posting. A sign must be placed at each affected parking space. A minimum of one inch printed letters shall be used on the sign and provide the following information: (1) complete date(s) and hours of parking closure, and (2) telephone number of Police Department for inquiry of towed vehicles. The Police Department must be notified at the time of posting.
15. If the Project will impact school routes, as shown on adopted Walk and Roll Maps, the Applicant will be required to contact school administrators and PTA officers to address student access prior to submittal and approval of the draft traffic control plan.
16. If the project will impact transit stops or transit routes, the Applicant will be required to contact AC Transit, Santa Clara Valley Transportation Authority, SamTrans, Stanford University Parking and Transportation Services, the Planning and Community Environment Department – Transportation Division, and/or any other affected transit operators to address relocation of facilities or rerouting of buses prior to submittal and approval of the draft traffic control plan. The draft traffic control plan shall indicate what actions will be taken to mitigate impacts on transit services.
17. The Applicant may be required, at Applicant’s cost, to hire Palo Alto police officers or a Rev 6/30/16
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 Certified Traffic Control Contractor to direct traffic when working at signalized intersections.
A minimum of two police officers per intersection may be required. This requirement will primarily be enforced when:
a) equipment is intermittently blocking or crossing a travel lane, b) only one travel lane is available for two-way traffic, c) multiple movements are temporarily required to share the same travel lane, d) working at multi-lane signalized intersections, and
e) traffic signals are inoperable, unsafe conditions, or capacity is significantly reduced due to the project.
18. The above requirements are minimum, and do not limit the Applicant’s responsibility and liability for doing all that is practical and necessary to ensure the safety of workers, pedestrians, bicyclists, and motorists. The Applicant shall conform to the required traffic control conditions which are generally applicable to most common situations. Based on the nature of a job, additional conditions or exceptions to the above conditions may be necessary.
This publication is intended to be an informal means of informing the public about a City process.
Although it is assumed that the information provided is accurate, the sheet is not intended to create any sort of legal obligation on the City’s part. The actual process is governed by City code, regulations and procedures, and the reader should make specific inquiry to the City for specific cases.
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 Palo Alto Unified School District
SCHOOL YEAR CALENDAR FOR 2023-24
Important Dates
First Day for 6 -12 Students
K-5 Teacher Work Day
No school for K-5 students
July JANUARY 2024 M&H 16/E 17
S M
3 T
4 W T
6 F
7 S
1 8
S M
H
T W T F SAug 9
NS NS NS NS 6
10 11 12 13
16 17 18 19 20
2 9
5 7 8 6W-1D2 9Aug 10 First Day for K-5 Students
K-5 Students Return to School10 11 12 13 14 15 14 H
16 17 18 19 20 21 22
25 26 27 28 29
Jan 8 6-12 Teacher Work Day
No school for 6-12 students
21 22 23 24 25 26 27
28 29 30 3123/30 24/31
AUGUST 2023 M&H16/E 15 Jan 9 6-12 Students Return to School Last Day of School
FEBRUARY 2024 19 days
S M T
1 W
2 T
3 F
4 S
5 May 30 S M T W T
1 8
F
2 9
S
3No School Days
Staff Development Day
Labor Day
6 DD WD 9 WK5D 10 11 12
13 14 15 16 17 18 19
20 SD 22 23 24 25 26
27 28 29 30 31
4 5 6 7 10Aug 21
Sept 4
Sept 25
11 12 13 14 15 NS 17
18 20 21 22 23 24HNo School
Oct 9 Staff Development Day
Veterans Day observed
Thanksgiving Break
25 26 27 28 29
MARCH 2024 19 daysSEPTEMBER 2023 19 days Nov 10
Nov 20-24S M T W T F
1 8
S
2 9
S M T W T F
1 S
2Dec 25 -
Jan 7
Jan 15
Feb 16
Feb 19
Mar 8
Winter Break
&8
3 H 5 6 7 3 4 5 6 7 SD 9Martin Luther King Jr. Day
No School10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 NS 26 27 28 29 30
10 NS 12 13 14 15 16
17 18 19 20 21 22 23Washington’s Birthday observed
Staff Development Day
No School
25 26 27 28 29 30
APRIL 2024 17 days
24/31
OCTOBER 2023 21 days Mar 11
Apr 1-5
May 27
Spring BreakS
1 M
2 T
3 W
4 T
5 F
6 S
7 S
7 M T W T F S
Memorial Day NS NS NS NS NS 6
8 10 11 12 138 SD 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
9Quarters/Semesters
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
Oct 13 End of 1 st Quarter
Nov 3 End of 1st Trimester
End of 1st Semester 88 days - secondaryDec 22NOVEMBER 2023 16 days MAY 2024 21 daysEnd of 2nd Quarter
S M T W
1 T
2 9
F
3 S
4 S
5 M T W
1 T
2 9
F
3 S
4 Feb 23 End of 2 nd Trimester
Mar 15 End of 3 rd Quarter
5 6 7 8 H 11 6 7 8 10 11End of 2nd Semester 92 days - secondary 12 13 14 15 16 17 18
19 NS NS NS H NS 25
26 27 28 29 30
12 13 14 15 16 17 18
19 20 21 22 23 24 25
May 30 End of 3rd Trimester
End of 4th Quarter
26 H 28 29 30 WD
JUNE 2024
Legend
DECEMBER 2023 16 days H Federal/State Holiday
S M T W T
7 F
1 8
S
2 9
S M
3 T W T F S
1 8
NS No School
DD District Day
3 4 5 6 WD Teacher Work Day
SD Staff Professional Development Day
All Schools Minimum Day
Last day of School & Minimum Day
2 9
4 5 6 7
10 11 12 13 14 15 16 10 11 12 13 14 15
17 18 19 20 21 22 23 16 17 18 19 20 21 22
24/
31 23/
30H NS NS NS NS 30 24 25 26 27 28 29
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DocuSign Envelope ID: 357EA61F-C766-4B78-B4C5-34E86277F4D3 Palo Alto Unified School District
SCHOOL YEAR CALENDAR FOR 2024-25
JULY 2024 JANUARY 2025 M&H 18/E 19Important Dates
S
7 M
1 8
T
2 9
W
3 T F
5 S
6 S M T W
H
8 T F S
4 First Day for 6 -12 Students
Aug 14 K-5 Teacher Work Day
No school for K-5 students
Aug 15 First Day for K-5 Students
K-5 Students Return to School
LH LH LH
910 11 12 13 5 6 6W-1D2 7 10 11
14 15 16 17 18 19 20
21 22 23 24 25 26 27
12 13 14 15 16 17 18
19 21 22 23 24 25
26 27 28 29 30 31
HJan 6 6-12 Teacher Work Day
No school for 6-12 students28 29 30 31
Jan 7
Jun 5
6-12 Students Return to SchoolAUGUST 2024 M&H13/E 12 FEBRUARY 2025 17 days
S M T W T
1 8
F
2 9
S
3 S M T W T F S
1 8
No School Days
Labor Day4 5 6 7 10 Sept 2
Sept 9
2 9
3 4 5 6 7
Staff Development Day
Staff Development Day
Veterans’ Day
11 DD WD 14 WK5D 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
SEPTEMBER 2024 19 days
10 11 12 LH LH 15
Oct 14
Nov 11
Nov 25-29
16 H 18 19 20 21 22
23 24 25 26 27 28
MARCH 2025 19 days
Thanksgiving Break
Dec 23 -
Jan 5&6 Winter BreakS
1 M
H
T
3 W
4 T
5 F
6 S
7 S M T W T F S
1 8
Jan 20
Feb 13
Feb 14
Feb 17
Mar 7
Mar 10
Martin Luther King Jr. Day
Local Holiday8 SD 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
2 9
3 4 5 6 SDLocal Holiday LH 11 12 13 14 15Washington’s Birthdayobserved Staff Development Day
Local Holiday
16 17 18 19 20 21 22
25 26 27 28 2923/30 24/31
OCTOBER 2024 22 days APRIL 2025 17 daysApr 7-11 Spring Break S M T
1 8
W
2 T
3 F
4 S
5 S
6 M T
1 W
2 T
3 F
4 S
5 May 26 Memorial Day
Quarters/Semesters
6 7 9 10 11 12 LH LH LH LH LH 12Oct 11
Nov 8
End of 1st Quarter13 SD 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
End of 1st Trimester
End of 1st Semester 84 days - secondary
End of 2nd Quarter
Dec 20
NOVEMBER 2024 15 days Feb 21 End of 2 nd Trimester MAY 2025 21 days Mar 21 End of 3 rd QuarterS M T W T
7 F
1 8
S
2 9
S
4 M T W T
1 8
F
2 9
S
3End of 2nd Semester 96 days - secondary
Jun 5 End of 3rd Trimester
End of 4th Quarter
3 4 5 6 5 6 7 10
10 H 12 13 14 15 16 11 12 13 14 15 16 17
18 19 20 21 22 23 2417 18 19 20 21 22 23
24 LH LH LH H LH 30
Legend
25 H 27 28 29 30 31H Federal/State Holiday
DECEMBER 2024 15 days JUNE 2025 4 daysLH Local Holiday
DD District DayS
1 8
M
2 T
3 W
4 T
5 F
6 S
7 S
1 8
M
2 T
3 W
4 T F S
7WD Teacher Work Day 5 WD
9 10 11 12 13 14 SD Staff Professional Development Day 9 10 11 12 13 14 15 16 17 18 19 20 21
22 LH LH H LH LH 28
All Schools Minimum Day 15 16 17 18 19 20 21
22 23 24 25 26 27 28Last day of School & Minimum Day
29 LH LH 29 30
Adopted
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: April 22, 2024
Report #:2402-2683
TITLE
Approval of a Five-Year Technical Assistance Agreement with the United States Geological Survey in an Amount Not-to-Exceed $924,745 for Scientific Monitoring Services at the Regional Water Quality Control Plant Outfall and Horizontal Levee Pilot Project Site (WQ-22001); CEQA Status- Categorically Exempt Section 15306
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute a technical assistance agreement with the United States Geological Survey in the amount not-to-exceed $924,745 over five years for monitoring services. Services will include the continuation of a decades-long study of metals concentrations at the outfall of the Regional Water Quality Control Plant and required monitoring and habitat utilization studies in conjunction with the Horizontal Levee Pilot Project (WQ-22001).
BACKGROUND
The City of Palo Alto owns and operates a Regional Water Quality Control Plant (RWQCP) serving the communities of Los Altos, Los Altos Hills, Mountain View, Palo Alto, Stanford, and East Palo Alto Sanitary District, and manages an award-winning Watershed Protection Program with the goal of preventing pollution to the San Francisco Bay. The RWQCP has partnered with the United States Geological Survey (USGS) on an on-going study since the 1970s, when the RWQCP outfall was identified as a point source for elevated metals concentrations that were found in the tissues of mud-dwelling invertebrates, such as clams and worms.1 Concentrations of metals were elevated due to inputs from the RWQCP effluent, but with the implementation of more advanced wastewater treatment and pollution prevention programs, these pollutants declined drastically in the 1980s, continued to decline through the 1990s, and have remained at low levels since. The City continued this study, which is one of the largest datasets of its kind, 1 Near-Field Receiving-Water Monitoring of Trace Metals and a Benthic Community Near the Palo Alto Regional Water Quality Control Plant in South San Francisco Bay, California, https://pubs.usgs.gov/publication/ofr20231017 Item 9
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and continued to assess ecosystem health and support related regulatory permit compliance at the RWQCP.
Separately, the City secured Environmental Protection Agency grant funding and executed an agreement with the Association of Bay Area Governments (ABAG) to build a horizontal levee pilot system to the east of the RWQCP along the Bay margin. The Horizontal Levee Pilot Project is a collaboration with ABAG’s San Francisco Estuary Partnership, which will administer the project construction, and other partner groups and institutions. It is the first project of its kind to construct a horizontal levee that directly connects to the Bay and is irrigated with treated wastewater. The project will pilot a “nature-based solutions” approach to buffer against the impacts of sea level rise and increased storm surges, and provide high quality habitat for marsh species that otherwise face shrinking habitat as sea level rises. Post-construction monitoring is required as part of resource agency construction permits, and to answer questions that will be of regional importance for sea level rise planning.
ANALYSIS
The technical assistance agreement with USGS (Attachment A) will continue a decades-long study of trace metal concentrations in sediment and clam tissues at the outfall of the RWQCP, currently conducted under Joint Funding Agreement 21NKJFA1412. It will also fulfill new post- construction monitoring requirements over the next five years for the Horizontal Levee Pilot Project. The agreement scope includes:
1. Continued Legacy Research (1977-present) – Monitoring contaminants in the benthic community (clam and sediment study):
This long-term study looks at trace metals such as chromium, copper, silver, mercury, selenium, nickel, aluminum, and iron in the sediment and tissues of clam species at the outfall of the RWQCP and a control location. It also profiles the benthic community structure and examines concentrations of trace metals (notably silver and copper) in sediment and tissue samples collected from clams at the RWQCP outfall. The City of Palo Alto has partnered with the USGS on this effort since 1977 and this contract would extend this effort from 2024-2029. Data from this long-term dataset has been used in the past to support permit compliance and regulatory development, and will be used in the future as the RWQCP brings online large capital projects such as the Secondary Treatment Upgrades Project.
2 U.S. Department of the Interior, U.S. Geological Survey Joint Funding Agreement for Water Resource Investigations, Agreement # 21NKJFA141, May 1, 2021 to April 30, 2024; https://www.cityofpaloalto.org/files/assets/public/v/3/public-works/staff-reports-all/2024/21nkjfa141-final- signed-contract-usgs.pdf
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2. New Monitoring for the Horizontal Levee Pilot Project (HLPP):
New monitoring is required for the HLPP after construction is finished in 2025.
Information gained from this project will be of regional importance and will inform the building of horizontal levees, habitat enhancements, and the beneficial use of wastewater in future projects throughout the Bay Area. Monitoring requirements during the agreement term will include:
Wetland monitoring to fulfill resource agency HLPP construction permit requirements, including effluent water quality and volumes, slope stability, vegetation establishment, habitat types, conversion of adjacent marsh vegetation, and presence of invasive plants. This component of the HLPP is required by the San Francisco Bay Regional Water Quality Control Board, United States Army Corps of Engineers, California Department of Fish and Wildlife, and the San Francisco Bay Conservation and Development Commission.
Post-construction assessment of salt marsh harvest mouse habitat use and food resources. This five-year study will determine the presence of the salt marsh harvest mouse, an endangered species, in the project area and at a reference site, and how its available food and shelter resources are utilized as the HLPP develops over time.
This study will identify how horizontal levees, such as the HLPP, provide a benefit to the salt marsh harvest mouse, e.g., by providing additional cover during high tides, better food resources, and/or enhanced nesting habitat.
FISCAL/RESOURCE IMPACT
The HLPP project construction is included in the City’s Capital Improvement Budget as Project Number WQ-22001. Over the five-year term of the USGS contract, $494,035 will be funded by the Watershed Protection Operating Budget and $430,710 will be funded by WQ-22001. The legacy monitoring will continue to be funded in full by the Watershed Protection Operating Budget. The HLPP monitoring will be funded jointly through the WQ-22001 and the Watershed Protection Operating Budget. Funding for the first year of this contract is available in the Fiscal Year 2024 Adopted Wastewater Treatment Fund operating budget, and the Fiscal Year 2024 Adopted Wastewater Treatment Fund Horizontal Levee Pilot Capital project (WQ-22001).
STAKEHOLDER ENGAGEMENT
USGS legacy monitoring has not included stakeholder engagement since it is an ongoing, decades-long study. The new USGS monitoring requirements for the HLPP have been referenced in general terms as part of the much broader and extensive outreach for the HLPP design and construction which has included 20 stakeholder engagement activities such as community events, and presentations to local non-governmental organizations, and to the Item 9
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Parks and Recreation Commission. Council adopted a Park Improvement Ordinance and approved the agreement with ABAG on January 22, 2024.3
ENVIRONMENTAL REVIEW
This project is exempt from review under the California Environmental Quality Act (CEQA) under section 15306 of the CEQA Guidelines (information collection).
Additionally, under this contract, the USGS will obtain permits/permit coverage determinations from the United States Fish and Wildlife Service and California Department of Fish and Wildlife prior to any fieldwork.
ATTACHMENTS
Attachment A: Technical Assistance Agreement with the US Geological Survey APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
3 City Council Special Meeting, Monday, January 22, 2024, Agenda Item #5, Staff Report 2303-1230 https://portal.laserfiche.com/Portal/DocView.aspx?id=70190&repo=r-704298fc&searchid=eb00e39c-84f0-4fc1- 82c5-ffef8304c82e
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FBMS # (FOP 11.2 A) 24ZCTAAPAHLPPPR
TAA Template April 2023 ARS # 2024ZC00-13333
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
TECHNICAL ASSISTANCE AGREEMENT
This Technical Assistance Agreement is entered into by and between U.S. Geological Survey, a Bureau of the Department of the Interior, through the offices of its Western Ecological Research Center, Sacramento, CA, hereinafter referred to as the “USGS” and The City of Palo Alto, Palo Alto, CA, hereinafter referred to as “Collaborator.” USGS and Collaborator are sometimes herein referred to as a “Party” and collectively as the “Parties.”
Whereas, the USGS is authorized to perform technical assistance with other Federal agencies, units of State or local government, industrial organizations, private corporations, public and private foundations, and nonprofit organizations (including universities) under the Stevenson- ydler Act (15 U.S.C. § 3710a(b)(3)(A), as amended);
Whereas, the USGS has a mission in conducting scientific investigations on the Nation’s ecosystems and resources and has need of assessing the outcomes of novel restoration actions to support this mission;
Whereas, Collaborator has a restoration site, the Palo Alto Horizontal Levee Pilot Project and has need of USGS expertise in documenting the multiple ecosystem benefits of using horizontal levee as green infrastructure rather than manmade structures including: assessment of tidal marsh processes, salt marsh harvest mouse live-trapping and habitat use as well as monitoring of legacy contaminants, benthic community and bacterial pathogens;
Whereas, the project entitled “The Palo Alto Horizontal Levee Pilot Project: Post- Restoration Science and Monitoring” is intended by the Parties to be mutually beneficial and to benefit the people of the United States;
Now, therefore, the Parties hereto agree as follows:
1. Statement of Work. See attached Statement of Work (SOW) (Attachment A), incorporated by reference herein.
2. Principal Investigator. The USGS principal investigators (PIs) for this Project are Susan De La Cruz, [email protected], 707-562-2004; PO Box 158 Moffett Field, CA 94035; Karen Thorne, [email protected], 916-502-2996, One Shields Ave. Davis, CA 95616; and Marie- Noële Croteau, [email protected], 650-329-4424, PO Box 158 Moffett Field, CA 94035. The PI for the Collaborator is Elise Sbarbori, [email protected], (650) 496-5958, and 1900 Embarcadero Road, Suite 205, Palo Alto, CA 94303. In the event that a PI is unable to continue in this project, the sponsoring agency will make every effort to substitute a replacement acceptable to the other Party.
3. Title to Equipment. There will be no joint property purchased as a result of the work outlined in the SOW. Each Party will provide its own equipment necessary to support its participation in the technical evaluation.
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FBMS # (FOP 11.2 A) 24ZCTAAPAHLPPPR
TAA Template April 2023 ARS # 2024ZC00-13333
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
4. Term. The technical assistance contemplated by this Agreement will commence on the effective date of this Agreement. The effective date of this Agreement shall be the later date of (1) 5/1/2024 or (2) the date of the last signature by the Parties. The expiration date of this Agreement shall be 4/30/2029. The Agreement may be extended by mutual written agreement of the Parties.
5. Funding.
The total budget is $924,745 and is intended to include work conducted by four different USGS Science Centers:
USGS Western Ecological Research Center, San Francisco Bay Estuary Field Station (De La Cruz and Woo): $324,216
USGS Western Ecological Research Center, Davis Field Station (Thorne and Buffington): $270,529
USGS Geology Minerals Energy and Geophysics Science Center (Croteau): $ 173,000 Water Mission Area (Parchaso): $82,000
Upper Midwest Water Science Center (Givens): $75,000
(a) The Collaborator will provide an estimated $924,745.00 in funds-in to the project. The Collaborator is providing in-kind services valued at $0.
(b) The USGS requires an advance of $0.
(c) This agreement has been negotiated to be paid based on expenses incurred. The USGS will submit invoices to the Collaborator’s administrative contact, identified in Section 9.d., on a quarterly basis. Invoices not paid within 60 days from date of bill for Local and State Government customers will bear Interest, and other fees required by Federal Law, at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury.
(d) The USGS is providing in-kind services valued at $ 12,500 to the collaboration, including PI salary for science project direction and design.
6. Termination. This Agreement may be terminated by either Party on 30 days written notice to the other. In the event of an early termination, the USGS shall be reimbursed for any completed work or work in progress on the Effective Date of Termination (i.e., when the Agreement actually terminates following the receipt of written notice from the other Party). Any unspent advanced funds will be returned to Collaborator. The USGS shall also supply a copy of the evaluations completed as of the Effective Date of Termination in the event of an early termination of the project.
7. Publications/Reports.
(a) Each Party is free to publish the non-proprietary or non-confidential information and data developed in the performance of this agreement. Before a Party submits the information and data for publication or otherwise intends to publicly release or disclose scientific information Item 9
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FBMS # (FOP 11.2 A) 24ZCTAAPAHLPPPR
TAA Template April 2023 ARS # 2024ZC00-13333
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
and data that is jointly developed, the Party shall have a review period of Fifteen (15) business days to ensure that the draft publication or presentation does not contain Confidential or Proprietary Business Information. Upon expiration of the review period with no comments received from the other Party, the first Party will proceed with submission of the publication and presentation. The review period is provided as a courtesy to review the publications or presentations to ensure confidential or proprietary information is not disclosed and ensure that there is not inadvertent release of such information that could be used for a patent or invention application. All comments provided within the review period will be forwarded to the contacts identified in Section 9. The Parties acknowledge that scientific information and data developed as a result of the SOW are subject to applicable USGS Fundamental Science Practices (FSP) review, approval, and release requirements, which are available in Survey Manual Chapter (SMC) 502.4, Fundamental Science Practices: Review, Approval, and Release of Information Products. The USGS is required to provide timely public access to the results of this scientific information and data unless it contains sensitive, protected information. Data and associated metadata will be open format and publicly accessible. The data and metadata will also be open access and machine readable in accordance with USGS FSP requirements available in SMC 502.7, Fundamental Science Practices: Metadata for USGS Scientific Information Products Including Data and SMC 502.8, Fundamental Science Practices: Review and Approval of Scientific Data for Release.
(b) Under the authority of 15 U.S.C. § 3710a (c)(7)(B), as amended, the Parties will have the opportunity, as part of the technical assistance, to identify protected research and development information, which is defined as information generated by the research which would have been proprietary information had it been obtained from a non-Federal entity. Each Party may designate as protected research and development information, any information generated by its own employees, and with the Agreement of the other Party, mark any information produced by the other Party’s employees. Such protected research and development information shall be exempt from disclosure under 5 U.S.C. § 552(b)(4). After the protected research and development information period has expired, the USGS may publish the results of the research as part of open literature (journal and proceeding articles) or as USGS open file reports.
(c) Generated information and results which have been created and marked as protected research and development information may be protected from release or disclosure for a period of two (2) years, unless an earlier date is agreed upon by the Parties.
8. Proprietary Information/Intellectual Property/Background Intellectual Property.
No intellectual property is expected as a result of the research/technical effort.
9. Notices.
Any notice required to be given or which shall be given under this Agreement shall be in writing and delivered by first-class mail to the Parties as follows:
(a) USGS Administrative Contact Information:
Helen Knepp
USGS Western Ecological Research Center
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THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
(b) USGS Technical Contact Information:
Isa Woo
PO Box 158, Moffett Field, CA 94035‐0158
[email protected]
707‐562‐2001
https://www.usgs.gov/centers/werc
(c) USGS Financial Contact Information:
(d) Collaborator Administrative Contact Information:
(e) Collaborator Technical Contact Information:
Elise Sbarbori
1900 Embarcadero Road, Suite 205, Palo Alto, CA 94303
[email protected]
(650) 496‐5958
Click or tap here to enter text.
(f) Collaborator Financial Contact Information:
Elise Sbarbori
1900 Embarcadero Road, Suite 205, Palo Alto, CA 94303
[email protected]
(650) 496‐5958
94‐6000389
[email protected]; 279‐782‐3589
3020 State University Drive. Modoc Hall, Suite 4004, Sacramento, CA 95819
Helen Knepp
3020 State University Drive, Modoc Hall Suite 4004 Sacramento, CA 95819
[email protected]
279‐782‐3589
USGS UEI: NJQMLNG5L8A5
USGS Tax ID: 53‐0196958
Elise Sbarbori
1900 Embarcadero Road, Suite 205, Palo Alto, CA 94303
[email protected]
(650) 496‐5958
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FBMS # (FOP 11.2 A) 24ZCTAAPAHLPPPR
TAA Template April 2023 ARS # 2024ZC00-13333
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.
10. Independent Entity.
For purposes of this Agreement and all research and services to be provided hereunder, each Party shall be, and shall be deemed to be, an independent Party and not an agent or employee of the other Party. Each Party shall have exclusive control over its employees in the performance of the work. While in field locations, a Party’s employees shall adhere to the safety and technical requirements imposed by the Party controlling the work site.
Neither Party shall have authority to make any statements, representations, or commitments of any kind, or take any action, which shall be binding on the other Party, except as may be explicitly provided for herein or authorized in writing. Neither Party may use the name of the other in advertising or other forms of publicity without the written permission of the other.
11. Governing Law/Liability.
(a) This Agreement is subject to interpretation under applicable State and Federal laws. Where there is inconsistency between the laws, Federal law is controlling. Each Party agrees to be responsible for the activities, including the negligence, of their employees. The USGS responsibility for the payment of claims for loss of property, personal injury, or death caused by the negligence or wrongful act or omission of a USGS employee, while acting within the scope of their employment, is limited to provisions of the Federal Tort Claims Act, 28 USC §§ 2671-
80. (b) The USGS and the Collaborator make no express or implied warranty as to the conditions of the research, merchantability or fitness for a particular purpose of the research, data, or resulting product incorporating data developed and exchanged under the SOW. These provisions shall survive the termination of the Agreement.
(c) The USGS shall not indemnify Collaborator or any third party against any liabilities, costs, attorney’s fees, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs and all other professional costs and expenses suffered or incurred by Collaborator or any third party arising from the work conducted under this technical assistance agreement.
12. Force Majeure.
Neither Party shall be liable for any unforeseeable event beyond its control, not caused by the fault or negligence of such Party, which causes such Party to be unable to perform its obligations under this Agreement, and which it is unable to overcome by the exercise of due diligence including, but not limited to, flood, drought, earthquake, storm, fire, pestilence, lightning, and other natural catastrophes; epidemic, war, riot, civil disturbance, or disobedience; strikes, labor disputes, or failure, threat of failure, or sabotage; or any order or injunction made by a court or public agency. In the event of the occurrence of such a force majeure event, the Party unable to perform shall promptly notify the other Party. It shall further use its best efforts to resume performance as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event.
Item 9
Attachment A - Technical
Assistance Agreement
with US Geological Survey
Item 9: Staff Report
Pg.
9 Packet Pg. 139 of 410
FBMS # (FOP 11.2 A) 24ZCTAAPAHLPPPR
TAA Template April 2023 ARS # 2024ZC00-13333
THIS AGREEMENT MAY CONTAIN CONFIDENTIAL AND PROPRIETARY INFORMATION.
DO NOT DISSEMINATE OUTSIDE OF THE PARTIES TO THIS AGREEMENT.