CITY COUNCIL
Special Meeting
Monday, June 10, 2024
Council Chambers & Hybrid
4:00 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated)
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
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. 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
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (4:00 ‐ 4:30 PM)
Members of the public may speak inperson ONLY to any item NOT on the agenda. 13 minutes depending on # of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
1 June 10, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (4:00 ‐ 4:30 PM)
Members of the public may speak inperson ONLY to any item NOT on the agenda. 13 minutes depending on # of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (4:30 ‐ 4:35 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (4:35 ‐ 4:40 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from May 20, 2024 Meeting
2. Adoption of a Resolution Calling for a General Municipal Election to be held November 5, 2024
3. Approve Extension to the Deadline for Boards, Commissions, and Committees Workplans from June 2024 to Council Approval in August 2024
4. QUASI‐JUDICIAL. 310 California Avenue [23PLN‐00304]: Request for Approval of a Conditional Use Permit for the Expansion of an Existing Commercial Recreation Use and Renovation of an Eating and Drinking Space. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15301 (Existing Facilities). Zoning District: CC(2)(R)(P). For More Information Contact the Project Planner Nishita Kandikuppa at [email protected]. Public Comments
5. Approval of a Finding that the Fire Station No. 4 Replacement Project (CIP PE‐18004) is "Substantially Complex" Under Public Contract Code Section 7201 and Direction to Increase the Retention Schedule From Five Percent to Ten Percent; CEQA Status – Exempt Under Section 15061(b)(2)
6. Approval of Professional Services Contract Number C24189086 with Carollo Engineers, Inc. in the Total Amount Not‐to‐Exceed $2,742,774 for Preparation of the Long Range Facilities Plan Update for the Regional Water Quality Control Plant for a Period of Two and a Half Years; CEQA Status – Not a Project Consent Questions
7. Approval of Construction Contract C24190538A with JJR Construction, Inc. in an Amount Not‐to‐Exceed $1,586,191 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 $158,619 for the Fiscal Year 2024 Sidewalk Repair ADA Improvement Project‐REBID, Capital Improvement Program Projects PO‐89003 and PO‐12001; CEQA Status – exempt under section 15301(c) Consent Questions
8. Approval of Amendment Number 4 to Contract Number C21179265C with Carollo Engineers, Inc., to Increase Compensation by $4,151,386 and Approval of Amendment Number 2 to Contract Number C21178333 with Black & Veatch to Extend the Contract Term through December 31, 2027 for the Local Advanced Water Purification System 2 June 10, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas.
7. Approval of Construction Contract C24190538A with JJR Construction, Inc. in an Amount Not‐to‐Exceed $1,586,191 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 $158,619 for the Fiscal Year 2024 Sidewalk Repair ADA Improvement Project‐REBID, Capital Improvement Program Projects PO‐89003 and PO‐12001; CEQA Status – exempt under section 15301(c) Consent Questions
8. Approval of Amendment Number 4 to Contract Number C21179265C with Carollo Engineers, Inc., to Increase Compensation by $4,151,386 and Approval of Amendment Number 2 to Contract Number C21178333 with Black & Veatch to Extend the Contract Term through December 31, 2027 for the Local Advanced Water Purification System Project (WQ‐19003); CEQA status ‐ Notice of Determination Adopted November 18, 2019 Consent Questions
9. Adoption of a Resolution Approving Revisions to the City of Palo Alto Energy Risk Management Policy
10. Approval and Authorization for the City Manager or Their Designee to Execute the Following Five Utilities Contract Amendments for the Electric Grid Modernization Pilot:
1) Amendment Number 1 to VIP Powerline Corp C23185980 Increasing Compensation by $16,000,000 Through April 2028; 2) Amendment Number 1 to Davey Surgery Tree Company C20176920 Increasing Compensation by $3,103,484 Through May 2025; 3) Amendment Number 1 to Stella‐Jones Blanket Purchase Order Increasing Compensation by $3,000,000 Through June 2026; 4) Amendment Number 1 to Oldcastle Infrastructure Blanket Purchase Order Increasing Compensation by $450,000 and Extending the Term to December 31, 2024; and 5) Amendment Number 1 to Statewide Traffic Safety and Signs S22183236 Increasing Compensation by $200,000 Through December 2024; CEQA Status: the Grid Modernization Project is Exempt Under CEQA Guidelines Sections 15302, 15303 and 15183. Consent Questions
11. Approval of Contract Amendment Number 1 to Contract Number C21181223A with Integrated Design 360, LLC. in the Amount of $100,000 and Extend Term by Six Months for Sustainability Services Related to Green Building, Energy Reach Codes, and Sustainability Climate Action Plan; CEQA Status: Not a Project. Consent Questions CITY MANAGER COMMENTS (4:40 ‐ 4:55 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item AA1: 5:10 ‐ 6:10 PM, Item 12: 6:10 ‐ 7:25 PM, Item 13: 7:25 ‐ 9:25 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
AA1. Pre‐Approved Parklet Designs and Proposed Revisions to Adopted Ongoing Parklets Standards New Item added
Item Pulled from Consent on the June 3 , 2024 City Council Meeting. Original report can be found here under Agenda Item Number
11: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14299
12. Hearing on Written Protests Against Proposed Discontinuance of a portion of El Camino Park; and Adopt a Resolution and Ordinance Approving a Ballot Measure for the Discontinuance of a portion of El Camino Park and Calling a Special Election on November 5, 2024; CEQA status ‐ statutorily exempt per Pub. Res. Code § 21080(b)(12). rd
3 June 10, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas.
Business and Council Matters.
AA1. Pre‐Approved Parklet Designs and Proposed Revisions to Adopted Ongoing Parklets Standards New Item added
Item Pulled from Consent on the June 3 , 2024 City Council Meeting. Original report can be found here under Agenda Item Number
11: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14299
12. Hearing on Written Protests Against Proposed Discontinuance of a portion of El Camino Park; and Adopt a Resolution and Ordinance Approving a Ballot Measure for the Discontinuance of a portion of El Camino Park and Calling a Special Election on November 5, 2024; CEQA status ‐ statutorily exempt per Pub. Res. Code § 21080(b)(12).
Supplemental Report added
13. Selection of Rail Grade Separation Alternatives and Bicycle‐Pedestrian Crossing Near the Churchill Avenue Crossing for the Advancement of the Alternatives into the Preliminary Engineering and Environmental Documentation phase; CEQA status – statutorily exempt under CEQA section 15262 (feasibility and planning study).
ADJOURNMENT
OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee June 11, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1. Pre‐Approved Parklet Designs and Proposed Revisions to Adopted Ongoing Parklets Standards New Item added
Item Pulled from Consent on the June 3 , 2024 City Council Meeting. Original report can be found here under Agenda Item Number 11: https://cityofpaloalto.primegov.com/Portal/Meeting? meetingTemplateId=14299
12. Supplemental Memo: Hearing on Written Protests Against Proposed Discontinuance of a portion of El Camino Park; and Adopt a Resolution and Ordinance Approving a Ballot Measure for the Discontinuance of a portion of El Camino Park and Calling a Special Election on November 5, 2024 and Authorize the City Mayor and City Manager to Execute a Letter of Intent with Stanford University for the Quarry Road Project; CEQA status ‐ statutorily exempt per Pub. Res. Code § 21080(b)(12).
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1Writtenpubliccommentsmaybesubmittedbyemailtocitycouncil@cityofpaloaltoorg rd
rd
4 June 10, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas.
12. Supplemental Memo: Hearing on Written Protests Against Proposed Discontinuance of a portion of El Camino Park; and Adopt a Resolution and Ordinance Approving a Ballot Measure for the Discontinuance of a portion of El Camino Park and Calling a Special Election on November 5, 2024 and Authorize the City Mayor and City Manager to Execute a Letter of Intent with Stanford University for the Quarry Road Project; CEQA status ‐ statutorily exempt per Pub. Res. Code § 21080(b)(12).
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 for agendized items 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 for agendized items 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 June 10, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas.
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: June 10, 2024
Report #:2405-3066
TITLE
Approval of Minutes from May 20, 2024 Meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: May 20, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
Item 1
Item 1 Staff Report
Item 1: Staff Report Pg. 1 Packet Pg. 6 of 636
CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
May 20, 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 (Items heard out of order)
3. Greeting Yanpu, Shanghai, China Sister City Officials and Delegation
NO ACTION
1. Santa Clara County Department of Family and Children’s Services in Honor of May being National Foster Care Awareness Month
NO ACTION
2. Proclamation Recognizing National Public Works Week
NO ACTION
Agenda Changes, Additions and Deletions
Closed Session
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment
Item 1
Attachment A - May 20,
2024 Draft Action
Minutes
Item 1: Staff Report Pg. 2 Packet Pg. 7 of 636
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 05/20/2024
MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to go into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:55 P.M.
Council returned from Closed Session at 7:18 P.M.
Mayor Stone announced no reportable action.
Public Comment
Council Member Questions, Comments and Announcements
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 10.
MOTION: Council Member Lythcott-Haims moved, seconded by Mayor Stone to approve Agenda Item Numbers 5-10.
MOTION PASSED ITEMS 5-9: 7-0
MOTION PASSED ITEM 10: 6-1, Tanaka no
5. Approval of Minutes from May 6, 2024 Meeting
6. Adoption of a Resolution for Senate Bill 1, the Road Repair and Accountability Act, for Fiscal Year 2025, Providing the Project List for the Street Maintenance Capital Improvement Program project PE-86070; CEQA Status – Not a Project
7. Approval of Purchase Order 4524000375 with Meiden American Switchgear for the Purchase of Seven (7) 60KV Circuit Breakers for the Colorado Substation in an Amount Not to Exceed $713,023 for FY 2024; CEQA Status: Exempt Under CEQA Guidelines Section 15302 (Replacement of Existing Structures)
8. Adoption of Resolution Suspending the Levy of Assessments on the Downtown Palo Alto Business Improvement District (BID) Assessment for Fiscal Year 2025; CEQA status – not a project.
Item 1
Attachment A - May 20,
2024 Draft Action
Minutes
Item 1: Staff Report Pg. 3 Packet Pg. 8 of 636
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 05/20/2024
9. Approval of a Budget Amendment in the General Fund for the Planning and Development Services Department’s Deposit Based Fee Program for Private Development Studies in the Amount of the Net Zero $300,000: CEQA – Not a Project
10. Adoption of Revised Management and Professional Salary Schedule to Adjust the Salary of One Classification; Adoption of Administrative Revisions to the Management and Professional Compensation Plan; and Adoption of a Side Letter and Revised International Association of Fire Fighters, Local 1319 Salary Schedule for One New Classification; CEQA Status - Not a project
City Manager Comments
Ed Shikada, City Manager
Action Items
11. Ad Hoc Committee recommendation to the City Council on a Potential Charter Amendment on the Direct Election of the Mayor
MOTION: Council Member Burt moved, seconded by Council Member Kou to table the item on the Direct Election of the Mayor.
MOTION PASSED/FAILED: X-X
SUBSTITUTE MOTION: Mayor Stone moved, seconded by Council Member Veenker to accept the Ad Hoc Committee recommendation that the proposed Charter Amendment on the ballot provide:
1. The City’s mayor will be directly elected by residents for a term of four years;
2. Candidates for mayor must have at least two years of experience on Council by the time they would assume office; and
3. Service as mayor is limited to two successive terms, as is already the case for service as council member, and no person would be able to serve as council member or mayor for a combined total of more than 12 years in a 16-year period; and
4. Place such a Charter Amendment on the ballot for the November 5, 2024 election and direct staff to return to Council for approval of ballot materials on Consent.
SUBSTITUTE MOTION FAILED: 3-4, Lauing, Kou, Burt, Lythcott-Haims no Item 1
Attachment A - May 20,
2024 Draft Action
Minutes
Item 1: Staff Report Pg. 4 Packet Pg. 9 of 636
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 05/20/2024
MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to table the item on the Direct Election of the Mayor and request the Ad Hoc further discussions and take into account the feedback received on May 20, 2024, additional community input, and come back to Council for further direction.
MOTION PASSED: 4-3, Burt, Kou, Lauing no
12. Discussion and Direction Regarding the City Council Procedures and Protocols Handbook - Annual Discussion as Recommended by the Policy & Services Committee (Item Continued from May 13, 2024 City Council Meeting)
MOTION: Council Member Burt moved, seconded by Mayor Stone to add to the Council Appointed Officers (CAO) Committee responsibilities (Procedures Sec. 1.2(d) to make recommendations to the Council annually:
1. The process of the CAO evaluations; and
2. Schedule CAO performance evaluations; and
3. The selection of the consultant to serve as the facilitator for the CAO evaluations for the year.
MOTION PASSED: 7-0
MOTION: Council Member Burt moved, seconded by Mayor Stone to incorporate the following language into the City Council Procedures and Protocols Handbook:
Special Orders of the Day: Resolutions, Proclamations, and Statements on behalf of the Mayor or Council
The Council shall refrain from taking positions on matters related to foreign governments, or concerning the foreign policy of the United States, or its relationship to other countries. Additionally, the Council shall not adopt resolutions, issue proclamations or official statements, or otherwise engage in advocacy on issues that are outside the scope of local governance.
The Council may support proclamations, resolutions, and matters directly related to Palo Alto’s Sister Cities, provided they focus on cultural, educational, commercial or other collaborations consistent with the objectives of these partnerships.” Item 1
Attachment A - May 20,
2024 Draft Action
Minutes
Item 1: Staff Report Pg. 5 Packet Pg. 10 of 636
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 05/20/2024
The Council may adopt positions on domestic acts of the state or federal government which affect the resources of the City, or the health, safety and welfare of the residents or workers of the City consistent with our legislative guidelines.
Statements representing the position of the City Council on issues that are controversial, shall be voted upon by the Council.
MOTION PASSED: 7-0
MOTION: Council Member Burt moved, seconded by Mayor Stone to establish a procedure for proclamations, including additional guidance, and any other staff recommendations based on best practice, specifically identifying guidelines for routine non-controversial proclamations to be approved by the Mayor and Vice Mayor and any controversial proclamations to be brought to the full Council for a vote for approval.
MOTION PASSED: 7-0
MOTION: Council Member Burt moved, seconded by Mayor Stone to add under Procedures Section 2.3a all Council Members are expected to be at the dais at all times except for necessary short breaks and other kinds of exceptions.
MOTION PASSED: 4-3, Lythcott-Haims, Tanaka, Veenker no
MOTION: Council Member Burt moved, seconded by Vice Mayor Lauing to refer to Policy and Services whether there should be a mechanism by which under Council Comments to be able to refer to staff a simpler request than would be required in a Colleague's Memo (with the boundaries defined).
MOTION PASSED: 7-0
MOTION: Council Member Veenker moved, seconded by Mayor Stone to add to the current duties of the Mayor to make appointments of Council Members to Regional bodies that Palo alto has a seat(s) on as applicable and or where not otherwise provided for by law.
MOTION PASSED: 7-0
Item 1
Attachment A - May 20,
2024 Draft Action
Minutes
Item 1: Staff Report Pg. 6 Packet Pg. 11 of 636
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 05/20/2024
MOTION: Mayor Stone moved, seconded by Vice Mayor Lauing to prohibit accepting hotel accommodations from our Sister Cities, Sibling Cities, and Friendship Cities, and to include the use of discretion and best judgment when accepting other gifts from those groups.
MOTION PASSED: 6-0-1, Veenker abstain
Adjournment: The meeting was adjourned at 10:45 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
Item 1
Attachment A - May 20,
2024 Draft Action
Minutes
Item 1: Staff Report Pg. 7 Packet Pg. 12 of 636
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: June 10, 2024
Report #:2405-3052
TITLE
Adoption of a Resolution Calling for a General Municipal Election to be held November 5, 2024
RECOMMENDATION
Staff recommends that Council:
1. Adopt the attached Resolution calling for a General Municipal Election for four Council seats for November 5, 2024, authorizing consolidation of the Election, and contracting for election services with the Santa Clara County Registrar of Voters, and
2. By motion, direct the City Clerk to use the random name order set by the Secretary of State to determine the order of candidates’ names on the ballot.
BACKGROUND
Attached is a Resolution calling for a General Municipal Election for four Council Member seats on November 5, 2024, requesting the services of Santa Clara County Registrar of Voters (ROV), and requesting consolidation of the General Municipal Election with any other election called for this jurisdiction for this date.
Terms of the following Council Members expire of December 21, 2024: Pat Burt, Lydia Kou, Greer Stone, and Greg Tanaka. Council Members Lydia Kou and Greg Tanaka will have served two full consecutive terms and are not eligible to seek re-election on the November 5, 2024 ballot. Council Members Pat Burt and Greer Stone each will have served one full term and are eligible to seek re-election on the November 5, 2024 ballot.
The Charter requires that the order of candidates’ names on the ballot be determined by lot (Charter Art. VII, Sec. 3). The City Clerk recommends that Council continue prior practice and direct that the Charter requirement be implemented by using the random name order set by the California Secretary of State.
The attached resolution provides that a tie vote (upon the canvass or after a recount) be resolved by lot, which is the default procedure under state law. If the Council prefers, it may direct staff to revise the attached resolution to provide that a tie be resolved through a special Item 2
Item 2 Staff Report
Item 2: Staff Report Pg. 1 Packet Pg. 13 of 636
run-off election to be held not less than 40 or more than 125 days after the certification of the tie vote.
FISCAL/RESOURCE IMPACT
The estimated cost of the November 2024 election including the 4 vacant Council seats, 1 ballot measure, and translation into several languages is approximately $282,000. The proposed FY 2025 Budget currently includes funding of $200,000 for Council seats. Should a ballot measure be added to the ballot, additional funding would be necessary; $125,000 for the Council Contingency Account may be used at Council discretion.
Per the Santa Clara County Registrar of Voters, the initial estimated cost for City Council seats is $164,507, each Candidate Statement is $3,190, and a one six-page ballot measure is $85,341.
On May 21, 2024, the County Board of Supervisors approved on consent raising election-related fees, effective July 1, 2024. Final approval will be on June 4, 2024. The Registrar will update the estimated ballot measure cost to reflect the increased fees.
ENVIRONMENTAL REVIEW
The attached Resolution and proposed motion are not projects subject to review under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A: Resolution Calling for General Election November 5, 2024 APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 2
Item 2 Staff Report
Item 2: Staff Report Pg. 2 Packet Pg. 14 of 636
NOT YET APPROVED
0300012 tlh 20240528 1
Resolution No.
Resolution of the Council of the City of Palo Alto Calling a General Municipal Election of Four Council Member Seats to be Held on November 5, 2024, Requesting the Services of the Registrar of Voters, and Ordering the Consolidation of the Election
R E C I T A L S
A. Article III, Section 3, of the Palo Alto City Charter requires that a general municipal election for election of council members be held on the first Tuesday after the first Monday in November of each even-numbered year, that is, November 5, 2024; and B. Pursuant to Section 1001 of the Elections Code of the State of California, a statewide election is scheduled to be held on November 5, 2024; elections in other cities, certain school districts and special districts in Santa Clara County are also scheduled to be held on that date; and
C. Under Part 3 of Division 10 of the Elections Code, beginning at Section 10400, and Education Code Section 5342, elections called by various governing bodies may be partially or completely consolidated and held on the same day as a statewide election, upon order of the City Council.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Call of Election. A general municipal election is called for the City of Palo Alto to be held on Tuesday, November 5, 2024, for the purpose of electing four (4) council members for full terms (four years) who will be elected at-large.
SECTION 2. Request to Consolidate. Pursuant Elections Code Section 10403, the Council of the City of Palo Alto requests the governing body of the state and any other political subdivision, or any officers otherwise authorized by law,to partially or completely consolidate such elections and the City Council consentsto such consolidation. The Council acknowledges that the election will be held and conducted according to procedures in the Elections Code, including Section 10418.
SECTION 3. Request for County Services. Under Section 10002 of the California Elections Code, the Council of the City of Palo Alto requests the Board of Supervisors of Santa Clara County to permit the Registrar of Voters to render services to the City of Palo Alto relating to the conduct of Palo Alto’s General Municipal and Special Elections which are called to be held on Tuesday, November 5, 2024, and shall reimburse the county for the costs incurred by the County of Santa Clara Registrar of Voters in conducting the general municipal election for the City of Palo Alto. The City requests the County of Santa Clara Board of Supervisors permit the County of Santa Clara Registrar of Voters to prepare the City’s election materials. The election services to be Item 2
Attachment A -
Resolution Calling for
General Election
November 5, 2024
Item 2: Staff Report Pg. 3 Packet Pg. 15 of 636
0300012 tlh 20240528 2
NOT YET APPROVED
performed shall include the preparation, printing and mailing of official ballots and county voter information guides; the establishment of precincts, election ballots, return mail envelopes, ballot drop boxes, vote centers, election officers, and producing such publications as are required by law in connection therewith; the furnishing of ballots, envelopes, and other necessary supplies and materials for voting places; the canvassing of the returns of the election; the furnishing of the results of such canvassing to the City Clerk; and, the performance of other election services as may be requested by the City Clerk.
SECTION 4. Consolidation of Measures. The Council of the City of Palo Alto requests the Board of Supervisors of Santa Clara County to include on the ballots and sample ballots, all qualified measures submitted by the City Council, if any, to be ratified by the qualified electors of the City of Palo Alto.
SECTION 5. Canvass of Election. That the City Council of the City of Palo Alto requests the Board of Supervisors of the County of Santa Clara to hold and conduct the municipal election in the manner prescribed in Section 10418 of the Elections Code of the State of California, and to further provide that the Registrar of Voters canvass the returns of the municipal election. The County of Santa Clara is hereby authorized to certify the returns of the municipal election.
SECTION 6. Candidate Statement of Qualifications. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted upon in the City of Palo Alto, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s qualifications for office. The cost of printing, translating and distributing said statements shall be borne by the city.
SECTION 7. Tie Votes. Pursuant to Elections Code Section 15651, in the eventtwo or more persons receive an equal and the highest number of votes for any office, the City Council shall summon the candidates who received the tie votes, whether upon the canvas of returns or upon recount, to appear before it and shall determine the tie by lot.
SECTION 8. Duties of City Clerk. The Palo Alto City Clerk shall serve as the City’s elections official and shall do all things required by law to effectuate the November 5, 2024, general municipal election, including but not limited to causing the posting, publication and printing of all notices or other election materials under the requirements of the Charter of the City of Palo Alto and the California Elections and Government Codes.
SECTION 9. Contract Authority. Subject to approval of the Board of Supervisors of Santa Clara County, the City Clerk may engage the services of the Registrar of Voters of the County of Santa Clara to aid in the conduct of the November 5, 2024, election including canvassing the returns of that election. The Palo Alto Director of Administrative Services shall pay the cost of contracted services provided that no payment shall be made for services which the Registrar of Voters is otherwise required by law to perform.
Item 2
Attachment A -
Resolution Calling for
General Election
November 5, 2024
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NOT YET APPROVED
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SECTION 10. Transmittal of Resolution. The City Clerk shallsubmit a certified copy of this resolution to the Board of Supervisors of the County of Santa Clara.
SECTION 11. CEQA. The Council finds that this resolution does not constitute a project subject to the California Environmental Quality Act under Public Resources Code section 21065 or CEQA Guidelines section 15378.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
_____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM:
_____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Administrative Services
Item 2
Attachment A -
Resolution Calling for
General Election
November 5, 2024
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: June 10, 2024
Report #:2405-3037
TITLE
Approve Extension to the Deadline for Boards, Commissions, and Committees Workplans from June 2024 to Council Approval in August 2024
RECOMMENDATION
Staff recommends Council to extend the submission deadline for Boards, Commissions, and Committees annual work plans from June 2024 to the end of August 2024.
BACKGROUND AND ANALYSIS
On November 30, 2020, the City Council adopted the Boards, Commissions, and Committees (BCC) Handbook, which implemented an annual review and approval by Council of BCC work plans.
On May 13, 2024, Council directed staff to shift the BCC recruitment process to twice a year at a time to be worked out by the City Clerk and for staff to evaluate the schedule of the BCC work plans and to present the changes back to the Council on Consent.
Each BCC is required to prepare an annual work plan for review and approval by the Council by the second quarter of the calendar year. The annual report should include the results of the prior year’s work plan and should consist of up to three priorities for the board or commission.
At the May 6, 2024 Council Meeting, Council made appointments to the vacancies on the Architectural Review Board, Human Relations Commission, Planning and Transportation Commission, and Public Art Commission. At May 13, 2024 Council Meeting, Council made appointments to the vacancies on the Stormwater Management Oversight Committee and Utilities Advisory Commission.
The action requested of Council through this report is to authorize an extension of the deadline for the submission of the work plans from the end of the second quarter (June) to the end of August 2024. This additional time will allow the BCCs and staff liaisons to finalize the work plans. It will also give staff additional time to update the BCC Handbook to reflect a new Item 3
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timeline that addresses the Council motion, and also to recommend any other changes that may help the BCCs regarding annual work plans.
FISCAL/RESOURCE IMPACT
There is no fiscal impact associated with extending the deadline for the review and approval of the BCC workplans. Any fiscal resources that will be necessary for the implementation of BCC work plans can be incorporated into the FY 2025 budget discussions at the Council’s discretion.
STAKEHOLDER ENGAGEMENT
City Clerk’s Staff and City Manager’s Office Staff will engage with staff liaisons regarding the work plans and the new process timelines.
APPROVED BY:
Mahealani Ah Yun
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: June 10, 2024
Report #:2404-2906
TITLE
QUASI-JUDICIAL. 310 California Avenue [23PLN-00304]: Request for Approval of a Conditional Use Permit for the Expansion of an Existing Commercial Recreation Use and Renovation of an Eating and Drinking Space. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15301 (Existing Facilities). Zoning District: CC(2)(R)(P). For More Information Contact the Project Planner Nishita Kandikuppa at [email protected].
RECOMMENDATION
Staff and the Planning and Transportation Commission recommend that Council take the following action(s):
1. Approve the proposed project based on findings and subject to conditions of approval set forth in the Record of Land Use Action in Attachment B.
EXECUTIVE SUMMARY
The applicant requests approval of a Conditional Use Permit (CUP) to allow for the expansion of an existing commercial recreation use at 310 California Avenue (Palo Alto Fit) into a portion of the adjacent tenant space at 320 California Avenue. The former café and gallery businesses at 320 California Avenue were in operation at the time of the Planning and Transportation Commission (PTC) hearing in April 2024 but have since vacated the tenant space. Proposed interior modifications, including demolition of a 774 square foot (sf) mezzanine at 310 California and addition of 1,150 sf to the mezzanine at 320 California, are reviewed separately from the CUP. The existing café space will be renovated and retained as a café use.
In accordance with PAMC Section 18.16.040, a CUP is required for any new commercial recreation use or expansion of an existing recreational use on California Avenue. The process for evaluating a CUP is set forth in PAMC Section 18.76.010. Although CUPs are typically processed at a staff level with a decision by the Director of Development Services, in accordance with PAMC Section 18.40.170, the Director may defer the decision to Council and may seek input from the ARB or PTC prior to Council decision. Given the level of public interest Item 4
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in the proposed project, the Director sought input from the Planning and Transportation Commission and requests Council decide on this project in accordance with the code.
BACKGROUND
On November 9, 2023, applicants representing Palo Alto Fit applied for a CUP to allow for the expansion of an existing commercial recreation use on California Avenue and for associated renovations to accommodate a new gym and renovated cafe. The applicant intends to move their existing fitness studio, Palo Alto Fit located at 425 Portage Avenue to the new location in order to be closer to mass transit and for better parking options. Additional background information is provided in the PTC report for the proposed project.1 Project Description
The CUP would allow for an expansion of an existing commercial recreation use at 310 California Avenue and implement tenant improvements at both 310 and 320 California Avenue to accommodate the proposed commercial recreation use and a new café, as detailed below. A location map is included in Attachment A and the project plans are provided in Attachment H. 310 California Avenue
• Establish a new personal training studio, Palo Alto Fit, in place of the existing gym, Performance Gaines.
• Demolish the existing 774 sf mezzanine to provide more training area with a vaulted ceiling.
320 California Avenue
• Expand the first floor gym area into the former tenant spaces for Printer’s Café and Gallery House art gallery, to provide locker rooms and staff offices. • Expand the mezzanine by 1,150 sf to include staff offices. • Maintain the existing enclosed outdoor seating area but renovate the café space for a new tenant.
Planning and Transportation Commission
On April 10, 2024, the PTC conducted a public hearing and unanimously recommended approval of the proposed project to Council. An additional condition of approval was added to preserve the two existing murals on this parcel, one at 320 California Avenue, and another on the façade of 310 California Avenue along Birch Street. The applicant has noted this on the plan set.
During the hearing, several members of the public commented on the project. Those in favor of the new business claimed that a personal training facility will improve community health and 1 The April 10, 2024 Planning and Transportation Commission Report is available online at:
https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/agendas-minutes/planning-andtransportation-commission/2024/ptc-4.10-310-california-2.pdf Item 4
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well-being and promote women-owned businesses in Palo Alto. However, some others expressed their concern for long-standing businesses such as Printer’s Café leaving California Avenue and how that may affect the pedestrian appeal of the area. The PTC also raised questions about parking requirements on site. However, per Assembly Bill 2097, no parking is required on sites located within 0.5 miles of a major transit stop, such as the California Avenue Caltrain Station situated to the north of the subject property.
Neighborhood Setting and Character
The project site is located in the Evergreen Park neighborhood within 0.5 mile of the California Avenue Caltrain Station. The site is surrounded by retail and commercial uses on the north, south and east. The property abuts the Public Facilities (PF) district on the west with the Family & Children Services of Silicon Valley located across New Mayfield Lane. There are other fitness studios along this stretch of California Avenue, two of which are located diagonally across the street from the proposed location of Palo Alto Fit, and one at the intersection of California Avenue and El Camino Real to the south.
ANALYSIS
Staff has reviewed the proposed project and finds that the project is in conformance with applicable plans, policies, regulations, and the CUP findings.
Consistency with the Comprehensive Plan, Area Plans and Guidelines2 The Comprehensive Plan land use designation for the project site is Regional/Community Commercial, which is defined as:
“Larger shopping centers and districts that have a wider variety of goods and services than the neighborhood shopping areas. They rely on larger trade areas and include such uses as department stores, bookstores, furniture stores, toy stores, apparel shops, restaurants, theaters and nonretail services such as offices and banks. Examples include Stanford Shopping Center, Town and Country Village and University Avenue/Downtown.
Non-retail uses such as medical and dental offices may also locate in this designation; software development may also locate Downtown. In some locations, residential and mixed-use projects may also locate in this category. Non-residential FARs range from
0.35 to 2.0. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations.”
On balance, the proposed project is consistent with the Comprehensive Plan, in that the new gym fosters “the establishment of businesses and commercial services in the California Avenue business district that serve the adjacent neighborhoods, as well as Stanford Research Park” consistent with Policy B-6.4. Moreover, the project will “maintain the existing scale, character and function of the California Avenue business district as a shopping, service and office center 2 The Palo Alto Comprehensive Plan is available online: bit.ly/PACompPlan2030 Item 4
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intermediate in function and scale between Downtown and the smaller neighborhood business areas” consistent with Policy L-4.10. The City of Palo Alto has restricted ‘Formula Retail’ use and created regulations for the California Avenue area that “encourage the retention or rehabilitation of smaller buildings to provide spaces for existing retail, particularly local, small businesses” per Program L4.10.2; Palo Alto Fit is a local, woman-owned business serving the residents of Palo Alto for the past decade.
There is heightened public interest in the proposed project because it displaced existing retail businesses from the 320 California Avenue tenant space, namely Printer’s Café, Moods Wine Bar and Gallery House. This conflicts with Policy L-4.1 to “encourage the upgrading and revitalization of selected Centers in a manner that is compatible with the character of surrounding neighborhoods, without loss of retail and existing small, local businesses”. Policy B2.4 also seeks to “recognize that employers, businesses, and neighborhoods share many values and concerns, including traffic and parking and preserving Palo Alto’s livability and need to work together with a priority on neighborhood quality of life.” These businesses have already vacated the space and thus will not be affected by the outcome of the subject project application.
Lastly, the new training studio may positively impact Palo Alto’s health and well-being in accordance with Policy L-1.6 which “encourage[s] land uses that address the needs of the community and manage change and development to benefit the community”. However, for those who have enjoyed eating and socializing at the café and seeing rotating art shows at gallery may find less benefit or value in another member-accessed gym on California Avenue.
Zoning Compliance3
Attachment C includes a detailed review of the proposed project’s consistency with applicable zoning standards. As shown in the Attachment, the proposed uses and renovation comply with the City’s Zoning Code.
Multi-Modal Access & Parking
Assembly Bill 2097 prohibits public agencies from enforcing minimum automobile parking requirements for developments located within 0.5 miles of a major transit stop, such as the California Avenue Caltrain Station. However, the subject site did pay into the former California Avenue Parking District equivalent to 47 parking spaces. Convenient public parking spaces are also located near the project site in the form of on-street spaces and public parking lots and three parking garages located within walking distance: 309 Cambridge Avenue, 451 Cambridge Avenue, and 350 Sherman Avenue. Four existing bicycle parking spaces are available in the public right-of-way adjacent to the subject property.
3 The Palo Alto Zoning Code is available online: www.bit.ly/PAZoningCode Item 4
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Consistency with Application Findings
The findings for approval of a CUP are set forth in PAMC Section 18.76.010. Draft findings for approval of the proposed project are included in the Draft Record of Land Use Action in Attachment B. The proposed uses are permitted as per the Palo Alto Comprehensive Plan and the Zoning Code and will not be detrimental to the public health, safety, general welfare, or convenience. The project does not include significant exterior work and will therefore not be detrimental towards the property or have a negative impact on the public’s health and safety.
The project will displace existing retail businesses, but the proposed gym and café will provide another opportunity for some in the community to have expanded access to commercial recreation uses. While the subject application highlights a tension related to the evolution of land uses at the subject property, the CUP findings do not include consideration of any value based judgement that would influence the outcome of this application in favor of either the existing or proposed land uses.
FISCAL/RESOURCE IMPACT
The recommendation in this report has no significant budget or fiscal impacts. The proposed project is a private development that is subject to cost recovery; therefore, processing of this application does not directly impact City resources. The existing café will be replaced with another café, leading to minimal loss of revenue for the city.
STAKEHOLDER ENGAGEMENT
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on May 30, 2024, which is 11 days in advance of the meeting. Postcard mailing occurred on May 27, 2024, which is 14 days in advance of the meeting.
Public Comments
The City has received significant input from the public with respect to the project scope. As of the writing of this report, 70 individuals provided comments. The public comments can be found in Attachment D. The business owner of Printer’s Café and the new property owner also reached out to the City on several occasions. The correspondence can be found in Attachment F.
The topics discussed by the public during the PTC hearing were substantially similar to the emails documented in Attachment D. The concerns were primarily related to the closure of three beloved businesses in the Palo Alto community, namely Printer’s Café, Moods Wine Bar and Gallery House. Most communication received from the public are from patrons of Printer’s Café and Moods Wine who have utilized the cafe space for social and professional gatherings, community meetings, and leisure for over 40 years. In addition to the loss of family-owned business, many expressed concerns about the pedestrian appeal and walkability of California Avenue, noting their preference for a café space that is more inviting to all, as opposed to a members-only gym.
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Correspondence with Applicant, Owner and Business Owner(s) The new property owner’s (Palo Alto Fit) legal counsel was in communication with the City to provide lease documentation for Printer’s Café, the business for which a majority of the public commentary was received. This letter can be found in Attachment E.
ENVIRONMENTAL REVIEW
The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. In accordance with Section 15301 (Existing Facilities), the project is exempt as the proposed activity will involve negligible or no expansion of the existing use.
ATTACHMENTS
Attachment A: Location Map
Attachment B: Draft Record of Land Use Action
Attachment C: Zoning Comparison Table
Attachment D: Public Comments
Attachment E: Legal Counsel Correspondence
Attachment F: Property Owner Correspondence
Attachment G: Applicant’s Project Description
Attachment H: Project Plans
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 4
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SHERMAN AVENUE
JACARANDA LANE
ASH STREET
NEW MAYFIELD LANE
CALIFORNIA AVENUE
ENUE
MIMOSA LANE
BIRCH STREET
N
BIRCH STREET
CAL
PF(R)
CC(2)(R)
PF(R)
R)
PC-4127
PF(R) CC(2)
(R)(P)
2)(R)
CC(2)(R)
Lot C-7
Lot
C-9
Lot
C-2
Lot C-3
Parking
Garage
Lot C-4
Parking
This map is a product of the
City of Palo Alto GIS
This document is a graphic representation only of best available sources.
Legend
Zone Districts
abc Zone District Labels
Project Site
0' 93'
310-320 California Avenue
Conditional Use Permit
23PLN-00304
CITY OF PALO ALTO
I N C O R P O R A T E D
CAL I FORN I A
P a l o A l t o
T h e C i t y o f
A P R I L 1 6
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The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto nkandik, 2024-02-13 17:13:48
(\\cc-maps\Encompass\Admin\Personal\Planning.mdb)
Attachment A Item 4
Attachment A - Location
Map
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APPROVAL NO. 2024-____
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE APPROVAL FOR 310 CALIFORNIA AVENUE: CONDITIONAL USE PERMIT (23PLN-00304)
At its meeting on June 10, 2024, the City Council of the City of Palo Alto (“City Council”) approved the Conditional Use Permit (CUP) application to allow for the expansion of an existing commercial recreation use. In approving the application, the Council make the following findings, determinations, and declarations:
SECTION 1. Background.
A. On November 9. 2023, Ko Architects, on behalf of Nina Nguyen and Mirco Hirst, filed an application for a Conditional Use Permit (CUP) to allow for the expansion of an existing commercial recreation use at 310 California Avenue (Palo Alto Fit) into a portion of the adjacent tenant space at 320 California Avenue and for a 1,150 square foot (sf) addition within the existing building envelope (“The Project”).
B. In accordance with 18.16.040, a CUP is required for any new commercial recreation use or expansion of an existing recreational use on California Avenue.
C. In accordance with PAMC Section 18.40.170, given the level of public interest in the project, the Director sought input from the Planning and Transportation Commission and has referred the Director’s decision on the proposed project to Council.
D. Following staff review, On April 10, 2024, the Planning and Transportation Commission held a duly noticed public hearing, at which evidence was presented and all persons were afforded an opportunity to be heard. The Commission recommended approval of the proposed project to City Council.
E. On June 10, 2024, Council held a duly noticed public hearing, at which evidence was presented and all person were afforded the opportunity to be heard in accordance with the City Council’s policies and procedures.
SECTION 2. Environmental Review. The City, acting as the lead agency for the project, has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), which provides exemptions for existing facilities.
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Record of Land Use
Action
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SECTION 3. Conditional Use Permit Findings
1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience, in that:
The project includes modifications within the envelope of an existing building to modify tenant spaces in order to allow for an increase in the total size of the existing commercial recreational use while replacing a portion of the existing retail and eating and drinking uses. Overall, the project results in negligible expansion of the retail-like uses on the site, adding a small additional area to the existing second floor for to accommodate back-of-house uses ancillary to the commercial recreation use. The project does not include any exterior work. Therefore, the project would not be detrimental towards the property or have a negative impact on the public’s health and safety. The project will displace existing businesses, but the proposed gym and remaining café area will improve community health and well-being.
2. The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title in that:
The proposed commercial recreational use is a conditionally permitted use on California Avenue.
The project does not modify the existing building on its exterior and is consistent with all relevant development standards set forth in the zoning code for the Community Commercial zoning district and retail and pedestrian combining districts. The proposed use is allowed within the Regional/Community Commercial land use designation. This record of land use action approves the conditional use permit and includes conditions to ensure that the project will be conducted in a manner consistent with the code.
SECTION 4. Conditional Use Permit Granted. The proposed project, as conditioned, complies with the findings for a Conditional Use Permit as required in Chapter 18.76.010 of the PAMC.
The project is subject to the conditions of approval in Section 5 of this Record.
SECTION 5. Conditions of Approval.
Planning Division
1. CONFORMANCE WITH PLANS: The use shall be conducted in substantial conformance with the project description letter submitted on March 22, 2024, and plans submitted on March 18, 2024, on file with the City of Palo Alto Planning & Development Services Division, except as modified by these conditions of approval.
2. BUILDING PERMIT: A copy of this approval letter shall be printed on any drawings submitted for building permit related to this use.
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Record of Land Use
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3. BUILDING PERMIT PLAN SET: A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit. Project plans submitted for Building permits shall incorporate the following changes:
a. The building permit plan set shall change all references of “offices” to “staff offices”.
4. USE AND OCCUPANCY PERMIT: A valid Use and Occupancy permit is required.
5. HOURS OF OPERATION: The use is allowed to operate from 6:00 a.m. to 8:00 p.m. per the applicant Project Request Letter. All clean up or set up activities shall be conducted within these approved business hours.
6. PARKING: The tenant shall manage the use such that the parking demand of the use does not exceed the parking spaces allocated to the property through the Parking Assessment District and consistent with the project description.
7. LITTERING: The operator shall keep the subject property free of litter associated with the business operation.
8. INTENSIFICATION OF USE: Any intensification of use shall require an amendment to the conditional use permit and any other entitlements as specified in the Palo Alto Municipal Code.
9. NOISE: Noise levels emanating from the business shall not exceed the maximum level established in the PAMC Chapter 9.10, which is no more than eight (8) decibels above ambient.
10. REVOCATION OF MODIFICATION OF APPROVAL: The Director of Planning and Development Services may issue a notice of noncompliance for any failure to comply with any condition of this permit approval, or when a use is being conducted in a manner detrimental to the public health, safety, and welfare. The Director shall give notice to the permittee of intention to revoke such permit at least ten (10) days prior to a hearing thereon. Following such hearing and if good cause exists, the Director may revoke the Use Permit.
11. FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping, and hard surface locations. Contact your Project Planner, Nishita Kandikuppa at [email protected] to schedule this inspection.
12. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
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Record of Land Use
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Public Works Division
13. The contractor shall coordinate items in logistics plan with all nearby construction projects Please note California Ave is closed to outdoor dining so logistics shall take this into account with proposal.
14. PUBLIC WORKS STANDARD CONDITIONS SHEET: The Department of Public Work s full-sized "Standard Conditions" sheet shall be included in the improvement plans and the applicant shall comply with all conditions listed in the sheet. The sheet can be obtained from a staff member of Public Works Engineering Services or at the following link under Public Works Plan Review Documents: https://www.cityofpaloalto.org/Departments/Public-Works/EngineeringServices/Forms-and-Permits.
15. STORM WATER POLLUTION PREVENTION SHEET: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet shall be included in the improvement plans. The sheet can be obtained from a staff member of Public Works Engineering Services or at the following link under Public Works Plan Review Documents: https://www.cityofpaloalto.org/Departments/PublicWorks/Engineering-Services/Forms-and-Permits.
16. DEMOLITION PLAN: The following note shall be placed adjacent to all affected trees on the Demolition Plan: Excavation and trenching is restricted within the Tree Protection Zone (refer to T-1 Tree Protection Sheet) or as approved by the Urban Forestry Division at 650-496-5953. Any changes shall be approved by the same.
17. CONSTRUCTION STAGING: All improvement plans shall include the following note on the Site Plan and the Grading & Drainage Plan. All construction materials and equipment shall be staged, stored, and stockpiled onsite and not on any public street.
18. LOGISTICS PLAN: The contractor may be required to submit a logistics plan to the Public Works Department prior to commencing work that addresses all impacts to the City s right-of-way, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contractor s parking, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention, contractor s contact, noticing of affected businesses, and schedule of work: https://www.cityofpaloalto.org/files/assets/public/v/3/public-works/engineeringservices/webpages/forms-and-permits/logistics-plan-preparation-guidelines-2021.pdf.
Zero Waste Division
19. Per Palo Alto Municipal Code 5.20.108 the site is required to have color-coded refuse containers, related color-coded millwork, and colored signage. The three refuse containers shall include recycle (blue container), compost (green container), and garbage (black container).
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Applicant shall present on the plan the locations and quantity of both (any) internal and external refuse containers, its millwork, along with the signage. This requirement applies to any external or internal refuse containers located in common areas such as entrances, conference rooms, back of the house kitchen, café, dining area, and etc. except for restrooms, copy area, and mothers room. Millwork to store the color-coded refuse containers must have a minimum of four inches in height worth of color-coding, wrapping around the full width of the millwork.
20. Signage must be color coded with photos or illustrations of commonly discarded items.
21. If paper cups are used there shall be a green compost container and proper signage for the collection of paper cups.
22. Restrooms must have a green compost container for paper towels and an optional black landfill container if applicable. Copy area must have either a recycle bin only or all three refuse receptacles (green compost, blue recycle, and black landfill container).
SECTION 7. Term of Approval.
1. Conditional Use Permit. The project approval shall be valid for a period of one year from the original date of approval. In the event the use does not commence within the time limit specified above, the approval shall expire and be of no further force or effect. Additionally, A Use Permit that has not been used for a period of one (1) year or more shall become null and void (PAMC
18.77.100).
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Mayor
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APPROVED AS TO FORM:
___________________________ ___________________________ Assistant City Attorney Mayor
_____________________________
Director of Planning and
Development Services
PLANS AND DRAWINGS REFERENCED:
Those plans prepared by Laura Roberts titled “310-320 California Avenue; Conditional Use Permit; Palo Alto Fit and Café”, consisting of thirteen (13) pages, dated January 23, 2024, and revised March 18, 2024.
A copy of these plans is on file with the Department of Planning and Development Services.
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ATTACHMENT C
ZONING COMPARISON TABLE
310 California Avenue, 23PLN-00304
Table 1: COMPARISON WITH CHAPTER 18.16 (CC(2) DISTRICT) Exclusively Non-residential Development Standards
Regulation Required Existing Proposed
Minimum Site Area, width and
depth No Requirement 12,000 sf 12,000 sf
Minimum Front Yard (Park
Boulevard)
0-10 feet to create an
8-12 foot effective
sidewalk width (1), (2), (8)
12 ft 12 ft
Rear Yard No Requirement 4 ft 4 ft
Street Side Yard No Requirement 2 inches 2 inches
Interior Side Yard No Requirement 6 ft 2 inches 6 ft 2 inches Min. yard for lot lines abutting
or opposite residential
districts or residential PC
districts
10 feet (2) N/A N/A
Build-to-lines No Requirement N/A N/A
Max. Site Coverage No Requirement 10,800 sf 10,800 sf
Max. Building Height 37 feet (4) 2 stories, 25 ft 2 stories, 25 ft Max. Floor Area Ratio (FAR) 2.0:1 (24,000 sf) 12,544 sf 13,694 sf Daylight Plane for lot lines
abutting one or more
residential zone districts other
than an RM-40 or PC Zone
None (6) N/A N/A
(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard.
(2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line.. (4) As measured to the peak of the roof or the top of a parapet; penthouses and equipment enclosures may exceed this height limit by a maximum of five feet, but shall be limited to an area equal to no more than ten percent of the site area and shall not intrude into the daylight plane.
(6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question. (7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district. (8) A 12 foot sidewalk width is required along El Camino Real frontage Table 1: COMPARISON WITH CHAPTER 18.16 (CC(2) DISTRICT) continued Exclusively Non-residential Development Standards
Topic Requirement Proposed
Hours of Operation
(18.16.040 (b))
Businesses with activities any time between the hours
of 10:00 p.m. and 6:00 a.m. shall be required to obtain a conditional use permit. The director may apply
6:00 am to 8:00 pm,
aligning with community
work hours
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conditions of approval as are deemed necessary to
assure compatibility with the nearby residentially
zoned property
Outdoor Sales and
Storage (18.16.040 (h))
N/A N/A
Recycling Storage
(18.16.040 (i))
N/A N/A
Employee Showers
(18.16.040 (j))
N/A N/A
Office Use Restrictions
(18.16.050)
Total floor area of permitted office uses on a lot shall not exceed 25% of the lot area, provided a lot is
permitted between 2,500 and 5,000 sf of office use.
The maximum size may be increased with a CUP issued
by the Director.
None
Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Office
Type Required Existing Proposed
Vehicle Parking Total = 77 spaces
Commercial
Recreation
1 space for each 4
person capacity, or as
adjusted by the
Director, not to exceed
30% reduction = 47
required
Eating and Drinking
1 space for each 60 sf
of public service area,
plus 1 space for each
200 sf for all other
areas = 30 required
No parking provided on
site.
Subject site paid into
former California
Avenue Parking District
equivalent to 47
parking spaces.
No parking provided
on site.
No additional parking
is required under AB
2097.
Subject site paid into
former California
Avenue Parking
District equivalent to
47 parking spaces.
Bicycle Parking Total = 15 spaces
Commercial
Recreation
1 space per 16-person
capacity, or as adjusted
by the Director = 12
required
Eating and Drinking
1 per 600 sf of public
service area, plus 1 per
2,000 sf for other areas
= 2.82 spaces
Four short term bike
spaces provided in the
public right-of-way.
Four short term bike
spaces provided in the
public right-of-way.
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Loading Space Commercial
Recreation
No Requirement
Eating and Drinking
0-4,999 sf = 0
None None
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From:
To: Kandikuppa, Nishita
Subject: Project at 310 California Ave File number: 23PLN-00304 Date: Tuesday, November 28, 2023 2:03:54 PM
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________________________________
Nishita,
I am writing to express my support for the continued use by Printers Cafe and Moods Wine Cafe with regard to the proposed project at 310 California Ave. (File Number: 23PLN-00304). My friends at I are regular patrons of this establishment and do not want to see this proposed Conditional Use Permit request impact this business.
Thank
you for your consideration.
Jack L. Koepfgen
Sent from my iPad
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From:
To: Kandikuppa, Nishita
Subject: Printers Cafe
Date: Monday, February 26, 2024 9:12:48 AM
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________________________________
Dear Ms. Kandikuppa,
This is to let you know how important Printers Cafe on California Street in Palo Alto is something of an institution for the whole neighborhood. The thought of it be closed down is quite disturbing when you consider how long and how many of us have used it as both a personal refuge and as a professional meeting place. No other restaurant on California Street can match the personal relationships we have built up over the years.
I urge you to reconsider your plan to shut it down.
Sincerely,
Helen Purcell
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From:
To: Kandikuppa, Nishita
Subject: Re: 310 California Ave.
Date: Tuesday, December 5, 2023 12:57:21 PM
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Hi Nishita,
Thank you for the information. It is always interesting to hear the other side of the story.
Terry Shuchat
> On Dec 5, 2023, at 9:03 AM, Kandikuppa, Nishita <[email protected]> wrote:
>
> Hi Terry,
>
> I hope this finds you well - we spoke on the phone last week regarding Printer's Café. >
> I reached out to the applicant to confirm whether Printer's Café would continue to rent the 320 California Avenue space. Please see the applicant's response below:
>
> "Printers Cafe voluntarily shortened its lease earlier this year. The lease was originally scheduled to terminate on October 31, 2025. The parties mutually agreed to reduced rent during the Covid pandemic and for a period of time afterward, but when the original rent was to be reinstated, Printers Cafe indicated a preference to shorten the lease term in exchange for a reduced rent for that shortened term. The new lease termination date, as requested by Printers Cafe, is April 6, 2024."
>
> Please let me know if you have any questions or concerns - I'd be happy to pass them on to the applicant! >
> Best,
>
> Nishita Kandikuppa
> Associate Planner
> Planning and Development Services Department
> (650) 838-2806 | [email protected] > www.cityofpaloalto.org
>
>
> -----Original Message-----
> From: Terry Shuchat
> Sent: Wednesday, November 22, 2023 2:28 PM
> To: Kandikuppa, Nishita <[email protected]> > Subject: 310 California Ave.
>
> [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
>
> CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
> ________________________________
>
> Hi,
>
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> I am writing regarding the CUP request for 310 California Ave. >
> It is important that Printers Cafe and Moods Wine Bar remain at their present address. Please make sure that the requestor of the CUP understands that they are to be included in the project. Too many applicants have applied for permits and when the project is completed not all requirements have been met. >
> Thank you for your understanding.
>
> Terry Shuchat
>
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provided, however, that the Director may seek a recommendation from the Architectural Review Board or Planning and Transportation Commission prior to action by the City Council.
(a)In the case of projects having multiple entitlements, where one requires City Council approval, all entitlements may be referred to City Council for final action; (b)Projects involving leases or agreements for the use of City-owned property; and (c)Projects requiring a statement of overriding considerations, pursuant to Section 18.31.010; and
(d)Projects, as deemed appropriate by the director.
I also want to share the City’s CUP Findings that City Council will base their decision on:
PAMC Section 18.76.010 Conditional Use Permit (CUP)
(c)Findings
Neither the director, nor the city council on appeal, shall grant a conditional use permit, unless it is found that the granting of the application will:
(1)Not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; (2)Be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning).
I will reach out with more updates soon. Please let me know if you have any questions! Best,
Nishita
Nishita Kandikuppa
Associate Planner
Planning and Development Services Department
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From:
To: Kandikuppa, Nishita
Subject: Printer’s Inc. café
Date: Friday, March 15, 2024 5:46:51 PM
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________________________________
To whom it may concern,
We do love Printer’s Inc. on California and would hate to see it replaced by yet another gym that could just as well be located off to the side, one block to the north or south from the “main strip”.
It is sad enough that the gallery had to close. We need to maintain community spaces including daytime cafés and restaurants to make sure California Avenue remains an attractive destination.
We know that our friends feel the same, which is why we ask you to make sure Printer’s Inc. can stay.
Sincerely,
Friederike Bülow
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From:
To: Kandikuppa, Nishita
Subject: Printer’s Inc
Date: Saturday, March 16, 2024 1:31:18 PM
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________________________________
I’m so sad to lose printers Inc. Please do what you can to save it. We don’t need another gym. It only allows the people who are members to go in. Printers Inc. is open to all and is a gem in our community! ________________
Janet L. Dafoe, PhD
"Let us put our minds together and see what world we can make for our children."---Sitting Bull.
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From:
To: Kandikuppa, Nishita
Subject: Printer’s Cafe
Date: Wednesday, March 13, 2024 4:26:54 PM
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________________________________
Dear Ms. kandikuppa,
Please preserve Printer’s Cafe. It is a much needed gathering place with a long Palo Alto history. Our community needs it more than a bigger gym. Thank you.
Elizabeth Lee, LMFT
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From:
To: Kandikuppa, Nishita
Subject: Printer Cafe
Date: Wednesday, March 13, 2024 1:43:20 PM
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________________________________
Hello,
We live in old Palo Alto and have been a patron of Printers Cafe for a long time. The printer cafe is an asset to the community and a safe gathering place for the residents of this area and visitors. Pal Alto city government needs to do more to preserve such assets that enhance the character of the city.
Regards,
Yousef Vazir
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From:
To: Kandikuppa, Nishita
Subject: Please save Printers Inc. Cafe
Date: Saturday, March 16, 2024 4:45:48 PM
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________________________________
Greetings,
I hope you’ll consider allowing Printer’s Inc. Cafe to continue its long history rather than approving a gym with a larger footprint.
Thanks for your consideration.
Sheila Gholson
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From:
To: Kandikuppa, Nishita
Subject: Please keep Printers Inc Cafe open
Date: Wednesday, March 13, 2024 7:37:12 PM
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________________________________
Dear City of Palo Alto,
I’m a homeowner in the Ventura neighborhood writing to urge you not to approve expansion of the gym on California Avenue that would force Printers Inc Cafe to close. We have so many gyms in the area but few cafes.
Printers Inc has been serving the community for many years and is a wonderful gathering place that serves multiple generations.
Thank you,
Elaine Johnson
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From:
To: Kandikuppa, Nishita
Subject: Closure of Printers Cafe
Date: Tuesday, March 12, 2024 5:43:03 PM
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________________________________
Hello,
I just heard that Printers Cafe might be about to close. Printers Cafe is one of the few nice coffee shops on California Ave. It is such a lovely spot to visit and meet people. I hope the Planning and Transportation Committee will vote to keep the cafe as opposed to a larger gym.
Thank you for your consideration,
Jeanette Schmidt (Palo Alto resident)
Sent from my iPhone
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From:
To: Kandikuppa, Nishita
Subject: closing of Printer"s Ink Cafe
Date: Friday, March 15, 2024 3:30:58 PM
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________________________________
Hi Nishita,
This note is in support of continuing the lease of Printer’s Ink Cafe. A group of us has been gathering there on Saturday and Sunday mornings for years. The owner, Al, and his staff have done a wonderful job: they’re welcoming, responsive to requests, etc. I believe that Printer’s Ink closing would be a loss to the Palo Alto and Stanford community. And, frankly, California Av does not need another gym! There are already several fitness centers there.
Sincerely,
Maria Koretz
Palo Alto resident
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From:
To: Kandikuppa, Nishita
Subject: Don"t put a large gym on California Avenue....this business doesn"t belong on a street filled with shops & restaurants
Date: Wednesday, March 13, 2024 10:14:29 PM
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________________________________
To City of Palo Alto Planning staff:
I learned from Nextdoor that the landlord plan to tear down the building currently housing the Printer’s Ink Cafe and transform that corner space into a gym. I totally see no value in parking a “gym” right on California Avenue in such a prominent space. People can go to the YMCA or to another location where there’s a 24 hr. open gym. California Ave should be more of a charming shopping street offering a bakery, a bookstore, a toy store, a cookware store, a cheese shop, an Italian Deli, a meat and fish market, an ice cream store, a framing store, a lamp store, a fabric store, augmenting the diversified restaurants presently on California Ave. Having a large gym on California Ave. totally changes the character of the street. You wouldn’t think of locating a gym on University Ave. so why would you consider putting a gym on California Ave? Seems like California Ave is relegated to a second class shopping district where anything goes and nobody cares if putting certain business there doesn’t make sense at all. I am totally against putting a large gym so prominently on the corner, along a street mainly for shops.
A long time Palo Alto resident,
Mamie
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From:
To: Kandikuppa, Nishita
Subject: Conditional Use Permit Application 23PLN-00304 for the expansion of the facility at 310California Avenue Date: Tuesday, November 28, 2023 2:40:20 PM
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________________________________
We have been going to Printer's Inc. Cafe for the last 15 years as part of a group of friends meeting there. We live in Menlo Park and probably would never have gone to California Avenue except for the warm welcome we have felt there from the owner and workers at the cafe. Coming there has introduced us to other restaurants and stores in the area, which we probably would not have visited on a regular basis.
We urge you to protect this business which helps to keep California Avenue as a thriving business community.
Brooke & Carolyn Taylor
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From:
To: Kandikuppa, Nishita
Subject: 310 California Ave/ 23PLN-00304
Date: Wednesday, November 29, 2023 2:12:12 PM
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________________________________
Hi Nishita,
My name is Jim Bitler and I am the property manager at 290 California Ave. In regards to 23PLN-00304, I would encourage the City to keep the current tenant(s), Printer’s Cafe and Moods Wine Cafe, in mind and plan for a viable space for the tenant(s) to operate and thrive. They have been both an advocate for the success of California Ave as well as the overall fabric of the local community for many years. Their consideration should be acknowledged in this process.
Thank you,
Jim Bitler
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From:
To: Kandikuppa, Nishita
Subject: Please don"t close the Printer"s Cafe
Date: Tuesday, March 12, 2024 9:33:12 PM
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________________________________
It’s a landmark on Cal Ave and we don’t need a bigger gym there. It’s a shame the art gallery closed but the cafe is really important to me as a Palo Alto resident.
Thank you,
Phyllis Klein
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From:
To: Kandikuppa, Nishita
Subject: Re: Printer"s Cafe
Date: Tuesday, March 19, 2024 11:12:55 AM
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Thanks, Nishita. I know Al really appreciates your help and support.
Annette
On 3/19/24 10:57 AM, Kandikuppa, Nishita wrote:
> Hi Annette,
>
> Thank you for your email, and for showing your support. >
> As this project has been pushed to Planning and Transportation Commission (PTC) and City Council review, you are invited to attend the hearing and voice your concerns. The PTC hearing is tentatively scheduled for April 10, 2024, at 6 PM. The goal of this meeting is for the PTC to hear from residents and provide initial comments and recommendations to City Council.
>
> During this time, you will have the opportunity to present your comments (up to 3 minutes per speaker). This could be reduced to a lesser time if there are a significant number of commentors, subject to a decision by the Chair of the PTC. Please know that all comment letters/emails received prior to the hearing date will be attached to the staff report for the PTC’s review (such as this email). >
> The agenda and staff report will be published approximately one week prior to the meeting, here:
https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Planning-and-TransportationCommission-PTC/Current-PTC-Agendas-Minutes. >
> Please let me know if you have any questions!
>
> Best,
>
> Nishita Kandikuppa
> Associate Planner
> Planning and Development Services Department
> (650) 838-2806 | [email protected] > www.cityofpaloalto.org
>
>
>
> -----Original Message-----
> From: Annette Isaacson
> Sent: Monday, March 18, 2024 6:00 PM
> To: Kandikuppa, Nishita <[email protected]>; Council, City <[email protected]>
> Subject: Printer's Cafe
>
> [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
>
> CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
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> ________________________________
>
> Dear Nishita and Pat Burt,
>
> I was saddened to read that Al at Printer's Cafe isn't able to renew his lease. After Printers' Inc closed and Al opened Printer's Cafe, it has been an important business on California Avenue, a great place to stop for coffee with friends or grab a sandwich for lunch.
>
> It's a shame that Al managed to survive the pandemic and now can't continue to serve the community because the new owner of the building has other plans. I'm sorry for Al and his long time employees. >
> I know Al is grateful for your support.
>
> Sincerely,
>
> Annette Isaacson
>
>
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> Sent: Saturday, March 16, 2024 10:09 AM
> To: Kandikuppa, Nishita <[email protected]> > Cc: Lait, Jonathan <[email protected]> > Subject: Proposed alteration of use for Printers Inc cafe/gallery space >
> [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
>
> CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
> ________________________________
>
> Dear Ms Kandikuppa,
>
> I gather the owners of the gym on the corner of Birch St and California Ave are refusing to renew the lease of the Printers cafe next door with the intention of expanding the gym into that space. Can you please pass on my request to the Planning and Transportation Committee that when they consider this expansion proposal they weigh the public value that Printers has provided for many years and the degree to which it contributes to the vibrancy and success of the California Ave retail district.
>
> Shutting that space off to public use, in contrast, would stymie the City’s laudable efforts to make California Avenue a successful pedestrian destination. It looks like the Calave winebar has already closed, as has Starbucks, and Antonio’s is years from reopening. The closure of Printers will only further erode the availability of attractive places for people to meet in that location.
>
> If the city is serious about creating a successful retail district, as well as supporting the kinds of socially and civically beneficial interactions that cafes enable, I hope that it will see the sense of making planning decisions that are consistent with that intention.
>
> Sincerely and with thanks for your consideration,
>
> Simon Firth
>
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From:
To: Kandikuppa, Nishita
Subject: Re: Printers Cafe
Date: Tuesday, March 19, 2024 11:35:50 AM
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Thank you for your responsiveness, Nishita.
> On Mar 19, 2024, at 10:56 AM, Kandikuppa, Nishita <[email protected]> wrote:
>
> Hi Ron,
>
> Thank you for your email, and for sharing your thoughts. >
> As this project has been pushed to Planning and Transportation Commission (PTC) and City Council review, you are invited to attend the hearing and voice your concerns. The PTC hearing is tentatively scheduled for April 10, 2024, at 6 PM. The goal of this meeting is for the PTC to hear from residents and provide initial comments and recommendations to City Council.
>
> During this time, you will have the opportunity to present your comments (up to 3 minutes per speaker). This could be reduced to a lesser time if there are a significant number of commentors, subject to a decision by the Chair of the PTC. Please know that all comment letters/emails received prior to the hearing date will be attached to the staff report for the PTC's review (such as this email). >
> The agenda and staff report will be published approximately one week prior to the meeting, here:
https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Planning-and-TransportationCommission-PTC/Current-PTC-Agendas-Minutes. >
> Please let me know if you have any questions!
>
> Best,
>
> Nishita Kandikuppa
> Associate Planner
> Planning and Development Services Department
> (650) 838-2806 | [email protected] > www.cityofpaloalto.org
>
>
>
> -----Original Message-----
> From: Ron Katz
> Sent: Sunday, March 17, 2024 12:44 PM
> To: Kandikuppa, Nishita <[email protected]> > Subject: Printers Cafe
>
> [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
>
> CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
> ________________________________
>
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> If Printers Cafe is replaced by a gym, the city government will have become a parody of itself. >
> Ron Katz
>
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From:
To: Kandikuppa, Nishita
Subject: Re: Opposing the proposal for a gym replacing Printer"s Cafe and Art Gallery Date: Wednesday, March 13, 2024 10:17:04 PM
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________________________________
I am writing in support of Printers Cafe and Gallery House on California Avenue. As a 47-year resident of Palo Alto, I’ve enjoyed this space as a cafe and art gallery for many years. Once it was a book store and then a stationery and gift store. Printers Cafe and the Gallery House are unique tenants. They provide a place that attracts foot traffic and brings neighbors and workers together to enjoy time with friends as well as a space for local artists to display and sell art. In particular, the art gallery is unique to South Palo Alto. Gyms, which are already plentiful in the California Avenue area, do not bring foot traffic in the same way, nor do they contribute local character and culture to an area that needs it. Existing retail establishments on California Avenue probably will not benefit from having another gym in the neighborhood.
I hope the City Council will decide to support the continued use of this space as it is at present.
Thank you,
Kate Feinstein
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From:
To: Kandikuppa, Nishita
Subject: Printers Cafe
Date: Monday, March 18, 2024 12:49:13 PM
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________________________________
I'm concerned about the potential closing of Printers Cafe. This is a valued California Avenue business which attracts people to the street and encourages walk-in customers. Even if I do not stop by for coffee, a sandwich, or wine, Printers Cafe adds to the ambiance of California Avenue, at a time when the street is in sore need of improvement.
Expansion of the neighboring gym will decrease this. The gym is not inviting and does not encourage walk-in traffic. Closing Printers Cafe and expanding the gym will essentially create one more closed door on California Avenue.
--
Michael Eager
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From:
To: Kandikuppa, Nishita
Subject: Printers Cafe
Date: Sunday, March 17, 2024 12:43:51 PM
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________________________________
If Printers Cafe is replaced by a gym, the city government will have become a parody of itself.
Ron Katz
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From:
To: Kandikuppa, Nishita
Subject: Printers Inc
Date: Friday, March 15, 2024 11:35:50 PM
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________________________________
Hello,
I am writing to support keeping Printers Inc
and NOT turning it into an even bigger gym on California Avenue. The whole feel of the street has changed so much with so many businesses leaving over the years.
Who needs more gym space there?
Cal Ave has been such a great gathering place and that is lessening with all the gyms.
Thank you.
Sent from my iPhone
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but now Moods and Printers Inc. Café too? These three are a real focus and part of what we want to create and nurture on the new Cal Ave.
I was doubly shocked to hear that this displacement is occurring because the gym wants to expand. The gym detracts from the community and its expansion will only threaten the Birch end of Cal Avenue. With Antionios and Calave closed, that would leave just Gamelandia as a positive force for the walking street – and they aren’t even on the closed part! The city needs to focus on getting retailer into the walking part of the street who really contribute to it as a walking street. Please do what you can to preserve and protect Moods and Printers Inc Café!
Are you the right person for this message, or should I send it elsewhere, perhaps to the City Council?
Best Regards,
David Matheson
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From:
To: Kandikuppa, Nishita
Subject: Printers Cafe
Date: Thursday, March 14, 2024 6:30:50 PM
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________________________________
Please help keep the Printers Cafe open on California Avenue for the good of the community. We don’t need or want bigger stores, bigger gyms or big chain companies in this pedestrian area. To achieve this goal, and for the good of local residents, we need reasonable planning and zoning rules and decisions that support a diversity of small businesses that serve the community - like Printers Cafe. We already lost Calave down the street.
We are Palo Alto residents who live nearby.
Kevin Feldis
Sent from my iPhone
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From:
To: Kandikuppa, Nishita
Subject: Re Printers Cafe
Date: Wednesday, March 13, 2024 9:31:59 PM
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________________________________
I was very disheartened to read Printers Cafe may be closed. I also resent that the gallery in the back has already been shut down. Over the years, I have especially enjoyed visiting that gallery.
Since it is probably too late to change the status of the gallery, I will devote the rest of this letter to saving Printers Cafe.
The ambience there is conducive to quiet, friendly meetings. Too often these days if one goes to an eatery, you can’t even hear to converse over the loud music or chatter of the crowd.
The food is excellent and the size of the serving well worth it. That too is no longer the norm.
I have also enjoyed indulging in a delivery from there from time to time.
The decor is soothing, and indicative that this cafe is located in the Stanford University area. There are often paintings that are reminiscent of museums adorning the walls.
Please do not replace this welcoming spot with a gym. It would be a shame. I am sure I would not be the only one to miss it.
Sincerely,
Susan Paluzzi
Sent from my iPhone
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Please advise me as to what is happening to this building, and what the status of the murals will be in the future.
Thanks so much.
Winter Dellenbach
Palo Alto
Mural story:
Photo 1 - A worker in blue jeans carries bags of raw beans to the coffee roaster on the right, with billows of steam coming from the roasting machine. Bags of beans are on 2 stools at the counter, with plumb roasted beans next to the steaming cup of espresso.
Photo 2 - A 2nd worker carries in bags of roasted bean through the Cafe front entrance as a couple at a table kiss. There was once an actual wedding in the Bookstore for a couple who met in the fantasy section.
Photo 3 - Last, an heroic looking barista on the left works the espresso machine near the customary flower bouquet which always was in the Cafe and bookstore. Part of a foreign language newspaper can be seen as if held for reading by a customer just out of sight, referencing the Bookstore as selling international newspapers and magazines. A customer reads at the nearby table. As was the way of Cafe customers, they became engrossed in reading, with time slipping away unnoticed, as shown by the Daliesque-like melting clock sliding off the table edge.
Mural Photos:
<image003.jpg>
<image004.jpg>
<image005.jpg>
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From:
To: Kandikuppa, Nishita
Cc: Lait, Jonathan
Subject: Proposed alteration of use for Printers Inc cafe/gallery space Date: Saturday, March 16, 2024 10:09:20 AM
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________________________________
Dear Ms Kandikuppa,
I gather the owners of the gym on the corner of Birch St and California Ave are refusing to renew the lease of the Printers cafe next door with the intention of expanding the gym into that space. Can you please pass on my request to the Planning and Transportation Committee that when they consider this expansion proposal they weigh the public value that Printers has provided for many years and the degree to which it contributes to the vibrancy and success of the California Ave retail district.
Shutting that space off to public use, in contrast, would stymie the City’s laudable efforts to make California Avenue a successful pedestrian destination. It looks like the Calave winebar has already closed, as has Starbucks, and Antonio’s is years from reopening. The closure of Printers will only further erode the availability of attractive places for people to meet in that location.
If the city is serious about creating a successful retail district, as well as supporting the kinds of socially and civically beneficial interactions that cafes enable, I hope that it will see the sense of making planning decisions that are consistent with that intention.
Sincerely and with thanks for your consideration,
Simon Firth
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From: Kandikuppa, Nishita
To:
Subject: RE: 310 and 320 California Ave. conditional use permit Date: Tuesday, February 6, 2024 4:55:00 PM
Attachments: image001.png
image002.png
Hi Rainer,
My sincere apologies for missing your email – I have been receiving a large volume of emails from the community and yours must have gotten lost. I reached out to all interested parties last week with an update. I am copying the same email here for your convenience.
Thank you for showing your support for Al and Printer’s Café. Keeping your concerns in mind and anticipating an appeal in the future, the Director has decided to float this project up to Planning and Transportation Commission (PTC) and City Council. What this means is that you and Al do not have to appeal the project because the Director has recommended this project to City Council on your behalf. No further action is needed from you at this time.
I have copied the section of our code that discusses Deferral of Director’s Actions; subsection (d) applies to this project:
PAMC Section 18.40.170 Deferral of Director’s Action
The director shall have the authority to forward projects to City Council for final action in the circumstances listed below. No action by the Director shall be required, and the appeal process and or request for hearing process shall not apply to such referred actions, provided, however, that the Director may seek a recommendation from the Architectural Review Board or Planning and Transportation Commission prior to action by the City Council. (a)In the case of projects having multiple entitlements, where one requires City Council approval, all entitlements may be referred to City Council for final action; (b)Projects involving leases or agreements for the use of City-owned property; and (c)Projects requiring a statement of overriding considerations, pursuant to Section 18.31.010; and (d)Projects, as deemed appropriate by the director.
I also want to share the City’s CUP Findings that City Council will base their decision on. When you attend the public hearings, you will need to prove that either of these two conditions apply to this project, along with other comments or concerns you have.
PAMC Section 18.76.010 Conditional Use Permit (CUP)
(c)Findings
Neither the director, nor the city council on appeal, shall grant a conditional use permit, unless it is found that the granting of the application will:
(1)Not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; (2)Be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning).
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Rainer Pitthan
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--
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Conditional Use Permit for the building at 310 California Street. The File Number is 23PLN-00304. They indicated that you are the planner for this application. Question: Is this application scheduled for a public hearing before the Planning Commission and the City Council? Is there a way that I can be notified when the application is scheduled for public review before the Commission or the Council?
Thank you,
Donald Barr
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the conditional use permit for this site?
Thanks!
Todd Campbell
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From: Kandikuppa, Nishita
To:
Subject: RE: Proposed expansion of 310 California Ave.
Date: Tuesday, February 6, 2024 4:54:00 PM
Attachments: image001.png
image002.png
Hi Cris,
My sincere apologies for missing your email – I have been receiving a large volume of emails from the community and yours must have gotten lost. I reached out to all interested parties last week with an update. I am copying the same email here for your convenience.
Thank you for showing your support for Al and Printer’s Café. Keeping your concerns in mind and anticipating an appeal in the future, the Director has decided to float this project up to Planning and Transportation Commission (PTC) and City Council. What this means is that you and Al do not have to appeal the project because the Director has recommended this project to City Council on your behalf. No further action is needed from you at this time.
I have copied the section of our code that discusses Deferral of Director’s Actions; subsection (d) applies to this project:
PAMC Section 18.40.170 Deferral of Director’s Action
The director shall have the authority to forward projects to City Council for final action in the circumstances listed below. No action by the Director shall be required, and the appeal process and or request for hearing process shall not apply to such referred actions, provided, however, that the Director may seek a recommendation from the Architectural Review Board or Planning and Transportation Commission prior to action by the City Council. (a)In the case of projects having multiple entitlements, where one requires City Council approval, all entitlements may be referred to City Council for final action; (b)Projects involving leases or agreements for the use of City-owned property; and (c)Projects requiring a statement of overriding considerations, pursuant to Section 18.31.010; and (d)Projects, as deemed appropriate by the director.
I also want to share the City’s CUP Findings that City Council will base their decision on. When you attend the public hearings, you will need to prove that either of these two conditions apply to this project, along with other comments or concerns you have.
PAMC Section 18.76.010 Conditional Use Permit (CUP)
(c)Findings
Neither the director, nor the city council on appeal, shall grant a conditional use permit, unless it is found that the granting of the application will:
(1)Not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; (2)Be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning).
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to exist on the (almost) corner of California Ave. and Birch.
Cris Oppenheimer
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David P. Lanferman
Direct Dial: (650) 320-1507
E-mail: [email protected]
February 8, 2024
R u ta n & T uck e r, L L P | 4 5 5 Ma rk e t S tre e t, S u i te 1 8 7 0 S a n F ra n ci sc o , C A 9 4 1 05 | 6 5 0 -263 -7 9 0 0 | F a x 6 5 0 -263 -7 901 Ora n g e C o un ty | P a l o Alto | S a n F ra n c i s c o | Sc otts d a l e | www .ru ta n .c o m 2783/099999-0084
20232275.2 a02/08/24
VIA E-MAIL
Jonathan Lait, Director of Planning and
Development Services
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
E-Mail:[email protected]
Nishita Kandikuppa
Associate Planner
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
E-Mail: [email protected]
Re: CUP Application – 23PLN-00304
Applicant: Palo Alto Fit, LLC
Location: 310-320 California Avenue
Dear Director Lait and Associate Planner Kandikuppa:
Our law firm has been engaged to represent the current owner of the property at 310 – 320 California Avenue in Palo Alto, PA California, LLC, and the CUP applicants PA Fit, LLC (Nina Nguyen and Mirco Horst, managing members) in connection with this application for issuance of a Conditional Use Permit. It appears that City action on this application has been unnecessarily “deferred” and delayed – based on the omission or non-disclosure of important information by those who have opposed the application.
As you are probably already aware, the subject property was used as a café/coffee shop (dba “Printer’s Café”) for many years by a tenant in that space, Mr. Ghafouri. He apparently built a devoted following of customers, some of whom have apparently communicated with the City in response to our clients’ recent application for a new CUP. The application for a new CUP contemplates the continued use of that property for the same purpose, i.e., as a café/coffee shop – very similar to what has operated at this location for the past few years, but under new management.
However, the City Staff and those folks who have expressed opposition to the CUP application, may not be aware of critical information: the current tenants of 320 California Avenue (Shaldon Enterprises, Inc., Mr. Al Ghafouri and Donna Ghafouri), approached the property owners last year and specifically requested that they be allowed to get out of their lease and requested the early termination of the existing lease.
The owners agreed to Mr. Ghafouri’s request, and even agreed to his request for rent reduction.. Mr Ghafouri further requested a specific early termination date of no later than April 6, Attachment E Item 4
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Jonathan Lait, Director of Planning and
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Nishita Kandikuppa
February 8, 2024
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2024, and agreed to voluntarily vacate the premises by that date, leaving them “broom clean.” At Mr. Ghafouri’s request, the parties entered into a written agreement in August 2023, confirming the tenant’s request for the early termination of the lease in April 2024. I will gladly provide you with a copy of the written Lease Termination Agreement if you request.
It is important for the City -- and the folks who have apparently asked the City to take some action on the CUP to somehow allow Mr. Ghafouri to continue to occupy the site – to realize that he has already agreed to terminate his lease and voluntarily surrender occupancy of the property no later than April 6, 2024..
Our clients’ pending CUP application is separate from and unrelated to the status of the lease with Mr. Ghafouri. That lease will be over and terminated on or about April 6, 2024 -- -- regardless of what happens with our clients’ pending CUP application. It is unfortunate that so much letter-writing has been misdirected to the City, which should not let itself become involved in what appears to be a simply private lease issue.
Accordingly, Mr. Ghafouri and his supporters should recognize and accept the fact that opposing or trying to delay the CUP application is not the way to try to restore or reinstate Mr.
Ghafouri as a tenant at these properties. To the contrary, such actions simply impede and delay our clients’ efforts to improve the properties so as to be able to continue to provide the types of great coffee, food, and ambience that the community has long enjoyed at this location. Their CUP application is simple and straightforward, and does not involve significant changes to the structure, the surrounding property, or the continued lawful and conditionally-permitted use of the property.
It does not meet any of the Code criteria (PAMC § 18.40.170) for deferral of Director’s Action.
We respectfully request City Staff to reconsider the unfounded and hasty decision to “defer the Director’s Action.” It appears that the decision to defer the Director’s action was based on the misleading failure to disclose to City Staff (or to the public) the dispositive facts regarding the imminent – and voluntary -- termination of Mr. Ghafouri’s lease. Neither the City Staff nor the public should act under the misconception that the delay or denial of the CUP approval would somehow prevent the already-agreed termination of the lease.
We again request that the City reconsider its previous action on this application in light of the true facts regarding the lease expiration, and restore this matter for timely Staff-level review of a CUP under the standard City Code procedures. There is no ‘good cause’ to do otherwise.
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Jonathan Lait, Director of Planning and
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Nishita Kandikuppa
February 8, 2024
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20232275.2 a02/08/24
Please contact the undersigned if you would like a copy of the Lease Termination Agreement, or other information – or if you would like to discuss our requests. Thank you for your consideration.
Very truly yours,
RUTAN & TUCKER, LLP
David P. Lanferman
DPL:cc
cc: Nina Nguyen, Mirco Horst @ Palo Alto Fit, LLC
Laura Roberts
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<[email protected]>; Yang, Albert <[email protected]> Subject: RE: CUP Application – 23PLN-00304 / Applicant: Palo Alto Fit, LLC / Location: 310-320 California Avenue
Hello Ms. Gerhardt –
Just a brief note to follow up on the voicemail message left at your office earlier today.
We appreciate your (really quick) reply to our letter regarding this CUP application, and wanted to thank you for the very good points you made in your reply.
I would welcome a chance to have a brief phone call with you early next week just to get a better understanding of a few questions. Please let me know your availability, or feel free to call me most any time Monday or Tuesday.
Thanks again -- Dave
David P. Lanferman
455 Market Street, Suite 1870 | San Francisco, CA 94105 O. (650) 263-7900 | D. (650) 320-1507 | M. (510) 303-1178 [email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
From: Gerhardt, Jodie <[email protected]> Sent: Thursday, February 8, 2024 6:49 PM
To: Castro, Clarissa <[email protected]>; Lanferman, David <[email protected]>; [email protected]; Nina Nguyen <[email protected]>; Laura Roberts <[email protected]> Cc: Lait, Jonathan <[email protected]>; Kandikuppa, Nishita <[email protected]>; Yang, Albert <[email protected]> Subject: RE: CUP Application – 23PLN-00304 / Applicant: Palo Alto Fit, LLC / Location: 310-320 California Avenue
Dear Mr. Lanferman,
Thank you for your letter dated February 8, 2024 regarding the CUP application at 310 California Avenue. I'm writing to you at the Director's request to address your concerns.
While we acknowledge your position that the CUP process is separate from private lease negotiations, we respectfully disagree that the project doesn't meet the criteria for consideration under PAMC 18.40.170. This section grants the Director discretion to "float up" any project he Item 4
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You don't often get email from [email protected]. Learn why this is important deems appropriate. The Director believes this project qualifies due to the significant community interest.
I would also like to explain that this float up process will likely be quicker for the applicant. Under the standard CUP process, staff would draft a tentative decision letter followed by a 14-day appeal period, likely leading to an appeal and hearings before the Planning and Transportation Commission (PTC) and City Council. By utilizing the float-up process, we bypass these middle steps and present the project directly to the PTC and Council, thereby providing an expedited decision.
Please let Nishita and I know if you have additional questions.
Sincerely,
Jodie Gerhardt (she/her), AICP
Manager of Current Planning
Planning and Development Services Department
(650) 329-2575 | [email protected]
www.cityofpaloalto.org
Parcel Report | Palo Alto Zoning Code | Online Permitting System | Planning Forms & Applications | Planning Applications Mapped
From: Castro, Clarissa <[email protected]>
Sent: Thursday, February 8, 2024 2:35 PM
To: Lait, Jonathan <[email protected]>; Kandikuppa, Nishita <[email protected]>
Cc: Lanferman, David <[email protected]>; Mirco Horst <[email protected]>; Nina Nguyen Main <[email protected]>; [email protected]
Subject: CUP Application – 23PLN-00304 / Applicant: Palo Alto Fit, LLC / Location: 310-320 California Avenue
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Dear Director Lait and Associate Planner Kandikuppa:
Attached please find written correspondence from Mr. Lanferman in regards to the abovereferenced matter.
Best,
Item 4
Attachment E - Legal
Counsel Correspondence
Item 4: Staff Report Pg. 106 Packet Pg. 125 of 636
Clarissa Castro
Legal Secretary
455 Market Street, Suite 1870 | San Francisco, CA 94105 O. (650) 263-7900 | D. (650) 320-1500 x7725
[email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Item 4
Attachment E - Legal
Counsel Correspondence
Item 4: Staff Report Pg. 107 Packet Pg. 126 of 636
From: Mirco Horst
To: Kandikuppa, Nishita
Cc: Laura Roberts; [email protected]
Subject: Re: 310 California Avenue - 23PLN-00304 - Public Comments Date: Thursday, November 30, 2023 6:31:09 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Hi Nishita,
Thank you for forwarding the public comments. However, the commenters are presumably unaware that Printers Cafe voluntarily shortened its lease earlier this year. The lease was originally scheduled to terminate on October 31, 2025. The parties mutually agreed to reduced rent during the Covid pandemic and for a period of time afterward, but when the original rent was to be reinstated, Printers Cafe indicated a preference to shorten the lease term in exchange for a reduced rent for that shortened term. The new lease termination date, as requested by Printers Cafe, is April 6, 2024.
We also note that there is no shortage of locations to enjoy a cappuccino or other fine coffee on California Avenue: ZombieRunner, Backyard Brew, Joanie's, La Boheme, Anatolian Kitchen, and Cafe Pro Bono are among the daytime options, with a few others, such as Terun and Protege, providing evening options. Similarly, a glass of wine is available at many CalAve venues, such as Calave, Vin Vino, and virtually all of the restaurants in the three block stretch from Park Blvd. to El Camino.
We appreciate your consideration of this response. Please let us know if you require any further information.
Best regards,
Nina & Mirco
On Nov 28, 2023, at 4:29 PM, Kandikuppa, Nishita
<[email protected]> wrote:
Hi Laura,
As mentioned over the phone earlier, I have attached a PDF consolidating the public comments I have received for the 310 California CUP application. Printer’s Café is a popular spot for many residents and local leaders which explains the volume of emails I have been receiving. Please review the concerns with the property owners (copied on this email) and get back to me on whether Printer’s Café will be renewing their lease. I must have this in writing so I can share it with the concerned neighbors/residents.
It is also important to note that for CUP applications, anybody in the public can appeal for a Director’s Hearing, not just adjacent neighbors. This a provision in the Palo Alto Municipal Code Section 18.77.060 (c)(4). This business is beloved by the community so if Printer’s Café were to move out, it could cause delays in the project.
Please let me know if you have any questions!
Item 4
Attachment E - Legal
Counsel Correspondence
Item 4: Staff Report Pg. 108 Packet Pg. 127 of 636
Best,
Nishita
<image001.png> Nishita Kandikuppa
Associate Planner
Planning and Development Services Department
(650) 838-2806 | [email protected]
www.cityofpaloalto.org
<image002.png>
Parcel Report | Palo Alto Zoning Code | Online Permitting System | Planning Forms & Applications | Planning Applications Mapped
<PublicComments1_310California.pdf>
Item 4
Attachment E - Legal
Counsel Correspondence
Item 4: Staff Report Pg. 109 Packet Pg. 128 of 636
From: Al Ghafouri
To: Kandikuppa, Nishita; Lait, Jonathan; Burt, Patrick
Subject: Printers cafe
Date: Friday, March 15, 2024 3:40:18 AM
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________________________________
Hi Nishita,
Hope all is well with you. It’s almost unbelievable how much I was not given the truth over the last few months by continuing landlord telling me we have you on our plan for city approval and we talk about extending my lease after CUP approved . Now I see it was never planning to keep printers cafe after 40 years of history. You know I kept the cafe going during California construction which hurt my business tremendously but I rebuild it again which 2018 , 2019 was the best years sales . Than worse pandemic hit the world my business dropped to zero family and friends told me many times to close the cafe permanently it never come back but I didn’t. I applied for SBA loan to help my long time worker they had no other help and to keep the cafe going . Now I cabt survive the new landlord replacing 65 years old gallery in Palo Alto, 40 years old cafe in Palo Alto with larger Gym and new so called Elite Cafe and healthy snack. how that make any sense to anyone? People love printers cafe infact just started bunch of new company for catering this is what I kept the cafe open during pandemic . Now the gallery leaving , moods wine bar leaving, is only leaving me and I am hoping still landlord consider smaller space for printers cafe that I can afford to stay for few more years and keep all my customers happy and my employees. Thank you All for your support see you April 10 th . Al Ghafouri Attachment F
Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 110 Packet Pg. 129 of 636
From: Al Ghafouri
To: Kandikuppa, Nishita
Subject: Re: Printers Cafe - 320 California Ave., Palo Alto Date: Wednesday, December 13, 2023 3:49:18 PM
You don't often get email from [email protected]. Learn why this is important Thank you
Sent from my iPhone
On Dec 13, 2023, at 3:26 PM, Kandikuppa, Nishita
<[email protected]> wrote:
Hi Al,
I got your voicemail, but I am emailing you back, so you have it in writing.
If you and your customers want to sign the appeal form, you can add all appellants to the same form or attach another sheet listing their contact information if the form doesn’t allow you to type more than a few names. Alternatively, you can include the names of all appellants in the letter.
Let me know if you have other questions!
Best,
Nishita
<image001.png> Nishita Kandikuppa
Associate Planner
Planning and Development Services Department
(650) 838-2806 | [email protected]
www.cityofpaloalto.org
<image002.png>
Note: I wil be out of office from December 21-26 and December 29-January 2. I apologize in advance for any inconvenience. Happy Holidays! From: Al Ghafouri <[email protected]>
Sent: Tuesday, December 12, 2023 5:44 PM
To: Kandikuppa, Nishita <[email protected]> Subject: Re: Printers Cafe - 320 California Ave., Palo Alto Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 111 Packet Pg. 130 of 636
You don't often get email from [email protected]. Learn why this is important Hi Nishita,
I’m sorry I wasn’t clear, if my customers want to sign an appeal, how can they all sign this 1 form or do you mean they need to file separately? Obviously my customers are concerned and I want to provide them the correct info and yet keep it simple for them. Please let me know what’s the best way, once they receive the card, to proceed?
Again thank you for all your help.
Best,
AL
Sent from my iPhone
On Dec 12, 2023, at 3:19 PM, Kandikuppa, Nishita
<[email protected]> wrote:
Hi Al,
The project is still under review so the notice card will not be mailed out anytime soon. I will keep you posted with updates.
Happy Holidays to you as well!
Best,
Nishita
<image001.png> Nishita Kandikuppa
Associate Planner
Planning and Development Services Department
(650) 838-2806 |
[email protected]
www.cityofpaloalto.org
<image002.png>
Note: I wil be out of office from December 21-26 and December 29- January 2. I apologize in advance for any inconvenience. Happy Holidays! Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 112 Packet Pg. 131 of 636
From: Al Ghafouri
To: Kandikuppa, Nishita
Cc: Lait, Jonathan; Gerhardt, Jodie
Subject: Re: Printers cafe / moods wine bar lease extension Date: Wednesday, February 14, 2024 10:52:13 AM
Some people who received this message don't often get email from [email protected]. Learn why this is important
Good morning Nishita,
Just let you know I emailed and voicemail owner so far no response from him . Is so Sad I don’t no what happened he was talking all along going to talk about extending our lease after CUP approved he even mentioned he has our entire kitchen equipment and dining room on his plan . Just want to let you know, thank you, Al
On Feb 13, 2024, at 4:37 PM, Al Ghafouri <[email protected]> wrote:
Thank you so very much for your help in this difficult situation. We have been trying to reach out to Landlord. (I sent text last week and just left him a VM).
Unfortunately he has not yet responded . Hoping for a good resolution.
Than you,
AL
On Feb 13, 2024, at 4:12 PM, Kandikuppa, Nishita
<[email protected]> wrote:
Hi Al,
Thank you for the update. As I mentioned over the phone, it would be best to have a conversation with the property owner prior to the PTC/City Council hearings. We have communicated the same with the property owner and we hope they get in touch with you soon.
As always, please reach out to me if you have any questions. I will keep you posted with next steps!
Best,
Nishita
<image001.png> Nishita Kandikuppa
Associate Planner
Planning and Development Services Department
(650) 838-2806 |
[email protected]
Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 113 Packet Pg. 132 of 636
www.cityofpaloalto.org
<image002.png>
Parcel Report | Palo Alto Zoning Code | Online Permitting System | Planning Forms & Applications | Planning Applications Mapped From: Al Ghafouri <[email protected]>
Sent: Tuesday, February 13, 2024 11:46 AM
To: Kandikuppa, Nishita <[email protected]>; Burt, Patrick <[email protected]>; Lait, Jonathan
<[email protected]>
Subject: Fwd: Printers cafe / moods wine bar lease extension CAUTION: This email originated from outside of the
organization. Be cautious of opening attachments and
clicking on links.
Hello Nishita,
Hope you are having a great day. As I promised, keeping you updated. I sent the below email to landlord for lease extension last Monday. i haven’t received any response as of today . Per my previous email to you, we only have until April 7, then we need to close and move out. This will devastate to our long time employees and more importantly to our long time customers of Palo Alto. Over the past months my Landlord kept me hopeful to stay, by telling me, after CUP approved we can talk about lease extension. I told him I’m willing to pay market rent. But he has yet to reach out to me.
Anyway just keeping you informed and please keep me updated. Thank you so much, Al
Begin forwarded message:
From: Al Ghafouri <[email protected]>
Date: February 5, 2024 at 5:21:04 PM PST
To: Mirco Horst <[email protected]>
Subject: Printers cafe / moods wine bar lease extension Hi Mirco ,
Hope all is well with you. Do you think it’s time to sign an 2.5 year lease extension- from April 2024 to September 2026 since your intention is sign us after CUP . It will then be time for me to think of retiring. Of course, Subject to approval of your CUP, Or even extend our agreement for additional 4 months or so, until you have an approved CUP, and at that Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 114 Packet Pg. 133 of 636
time we can sign 2.5 years lease extension..
I’ve been on California Ave. for over 25 years, 15 years at 320, 10 years at 109 cal ave. (another cafe). I have so many loyal customers, many have helped me financially during pandemic, which I am very grateful too. I’ve opened 12
cafes and Restaurants all over the bay area for past 40 years, and Never been in this situation. I have done everything you‘ve asked of me last few months and continue to help you in future and I would like to stay, at least for a few more years. I’d appreciate if you would let me know, as soon as possible.
Thank you, Al
Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 115 Packet Pg. 134 of 636
From: Al Ghafouri
To: Lait, Jonathan
Cc: Kandikuppa, Nishita
Subject: Re: Printers cafe
Date: Tuesday, March 5, 2024 3:06:51 PM
[You don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Hi Jonathan,
Thank you for your email. Still so many customers and residents want to come to April 10 th meeting they feel cal ave without printers cafe is not acceptable to them with so much history of cafe , bookstore. Hope to see you before I close cafe soon , thank you for your support appreciate it very much, Al > On Mar 5, 2024, at 1:05 PM, Lait, Jonathan <[email protected]> wrote:
>
> Thank you for sending this update, Mr. Ghafouri. I'm sorry that an amicable resolution between you and the property owner could not be achieved. Thank you for serving the community for the past 15 years. All the best to you and your family.
>
> Take care,
>
> Jonathan
>
>
> JONATHAN LAIT
> Director
> Planning and Development Department
> (650) 329-2679 | [email protected]
> www.cityofpaloalto.org
>
>
> -----Original Message-----
> From: Al Ghafouri <[email protected]>
> Sent: Friday, March 1, 2024 12:08 PM
> To: Kandikuppa, Nishita <[email protected]>; Lait, Jonathan <[email protected]>; Burt, Patrick <[email protected]> > Subject: Printers cafe
>
> [Some people who received this message don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] >
> CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
> ________________________________
>
> Hello Nishita,
>
> Hope you’re having a good day. After many sleepless nights, and at the urging of my family, I’ve decided to retire and close Printers Cafe, permanently on March 31st.
>
> I, thank you and my wonderful customers for all your support. However, since my landlord made his decision not to renew my lease, I obviously no longer feel welcome. Therefore, I will not be attending any meetings at the City. I will tell my customers that we enjoyed a great ride for the past 15 years on California ave (even thru Covid) but the time has come for me to move on and spend time with my family.
Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 116 Packet Pg. 135 of 636
From: Al Ghafouri
To: Kandikuppa, Nishita
Subject: Fwd: Printers Cafe
Date: Tuesday, February 27, 2024 9:29:28 AM
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Hi Nishita,
This is last email I send to landlord to remind him of what exactly happened. Thank you, Al Begin forwarded message:
From: Al Ghafouri <[email protected]>
Date: February 24, 2024 at 9:16:16 AM PST
To: Mirco Horst <[email protected]>
Subject: Printers Cafe
Mirco ,
Just to clarify and as a reminder, you gave me a 3 days notice in Aug. and threatened to evict us if we don’t pay pre pandemic rent . This is the reason I accepted the rent reduction and end of lease date of April 6th. You left me no choice, since our business had not recovered from Covid and we could not afford to pay pre Covid rent. Unfortunately you would not accept the special rent reduction we had been paying from Rick, our previous landlord.
Over the past months, you continued telling me we’d talk about a lease extension.
You even have my entire Cafe on your plans you submitted to the City. I maintained my long time employees hoping that a lease extension would happen, until last week when you decided you had no intention to extend.
As far as security deposit, gallery members are very upset. They’ve requested return of the security deposit before leaving to pay for their move, expenses etc .
Same goes for myself. It’s costing money to move all equipment etc. Therefore, we’d like you to consider returning our security deposit before we vacate premises or within 14 days after vacating.
Thanks,
Al
Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 117 Packet Pg. 136 of 636
From: Al Ghafouri
To: Kandikuppa, Nishita
Subject: Printers Cafe - 320 California Ave., Palo Alto Date: Wednesday, December 6, 2023 6:34:48 PM
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________________________________
>> Hi Nishita,
>>
>> By way of introduction, my name is Al Ghafouri, owner of Printer's Cafe. Several of my customers have forwarded me your email reply to them. However, I just wanted to clarify our situation a little more. Our new Landlord told us we needed to immediately pay the PreCovid rent, which myself, Gallery & wine bar could NOT afford, as all our businesses are still down over 50%. The new Landlord served us a 3 day notice. If we couldn’t make a deal or pay full rent, he was going to evict us . At that point, we hired an Attorney. It was suggested that unless we wanted to vacate immediately we had no real choice but to accept a >> “slightly “ reduced rent - which we negotiated for 9 months, beginning July of this year ending April 6, 2024.
Unfortunately the Gallery and Wine bar could not afford to pay the new rent. Therefore, I’ve had to secure a loan to pay for this additional rent. We ALL want to stay. I've suggested to Landlord many times, let's talk and come to a long term rental agreement. He has indicated he’d be willing to talk to us after he gets the CUP permit. We are really hoping to be included in his long term plans, at fair market rent. >>
>> Hope this helps to put things in a little better perspective. >>
>> Thank you for your time.
>>
>> Best,
>> Al Ghafouri
>> Printers Cafe
>> c: 650533.1427
Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 118 Packet Pg. 137 of 636
From: Al Ghafouri
To: Kandikuppa, Nishita
Subject: Printers cafe 320 calif ave
Date: Wednesday, January 10, 2024 5:26:58 AM
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CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
________________________________
Hi Nishita,
It was nice to speak with you yesterday and thank you for updating me . Please keep me posted with any updates. So far Landlord has been very helpful to update me and I am hopeful I can continue printers cafe after 35 years in Palo Alto. As I mentioned I have until March 30 th and I asked landlord to extend this date perhaps till end of the year while his getting his CUP and building permit and hopefully we can sign longer lease terms with him later . He still hasn’t gotten back to me yet I will keep you posted. Again thank you , Al Ghafouri 650 533 1427 Sent from my iPhone
Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 119 Packet Pg. 138 of 636
From: Al Ghafouri
To: Kandikuppa, Nishita; Lait, Jonathan; Burt, Patrick
Subject: Printers cafe
Date: Friday, February 16, 2024 2:30:39 PM
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________________________________
Hi Nishita,
Thank you for your help with my situation. However, sadly my 15 years at Printers Cafe has come to an end. I just received a letter from my Landlords attorney.
At this point I can’t get involved. I’ll just let the City make its own decision re this location and pending CUP etc.
Please don’t change any upcoming hearing dates on my behalf.
Regarding my wonderfully supportive customers, they can do whatever they think is best for California Ave. but I can’t be involved. Therefore, as of March 31st Printers Cafe will close its doors.
Thank you , Al
Sent from my iPhone
Item 4
Attachment F - Property
Owner Correspondence
Item 4: Staff Report Pg. 120 Packet Pg. 139 of 636
Palo Alto Fit
Nina Nguyen
425 Portage Ave
Palo Alto, CA 94306
[email protected]
(650) 441-0347
March 21, 2024
City of Palo Alto
Department of Planning and Building Division
250 Hamilton Avenue
Palo Alto, CA 94301
Subject: Request for Conditional Use Permit – 310 & 320 California Ave (APN: 124-32-034) Dear City Planner,
I am writing to formally request a Conditional Use Permit (CUP) for Palo Alto Fit, a boutique specializing in personal training and nutrition consultation.
Palo Alto Fit has served the community for almost ten years in Palo Alto. Our long search for a permanent location spanned several years, as we were looking for a space that is convenient for our clients and accommodates our needs. After an extensive search, the California Avenue building was the best option available to purchase. California Avenue is also a great location for our clients, as it is within walking and biking distance from their homes. Our new location allows us to have more public transportation and parking options available than we have today.
We are committed to enhancing our clients' journey to vitality and balancing physical fitness with holistic health practices. The new space will reflect this mission and include facilities catering to our existing and prospective clients interested in personalized functional training within a private environment. We are focusing on those who are dedicated to integrating fitness and health into their daily lives, including individuals managing higher health risks and heart conditions.
Attachment G
Item 4
Attachment G -
Applicant's Project
Description
Item 4: Staff Report Pg. 121 Packet Pg. 140 of 636
Plan of operation:
1. Operating Hours: 6:00 am to 8:00 pm, aligning with community work hours.
2. Appointment-Only Service: PAF operates by appointment for a personalized experience.
3. Service Offerings: Expanding to include resistance training, mobility exercises, and functional movements.
4. Enhanced Customer Amenities: Adding improved bathroom and shower facilities, and adding dedicated customer restrooms to the Cafe space at 320 California Ave.
5. Cafe Use Continuation: We will continue utilizing approximately 2,800 SF of the 320 California Ave site for Cafe use.
6. Enhanced Office/Staff Space: A portion of the facility designated for staff and meetings on the second floor.
With approval of the CUP we are delighted to announce the forthcoming opening of a specialty cafe at 320 California Avenue under new ownership. This cafe will offer a refined selection of great coffees and healthy food items. Designed as a healthy retreat, it will provide the community with a space to convene for relaxation and enjoyment in an inviting ambiance. A place where you can sit down and enjoy high-quality coffee and some healthy snacks.
Palo Alto Fit's expansion at 310 California Avenue represents a step in fostering a robust, health-conscious community. Our personal training services are designed to empower individuals, equipping them with the necessary skills and confidence to actively participate in their journey towards health and fitness. We are dedicated to promoting sustainable lifestyle changes that will contribute to the long-term wellness of the community. Moreover, our facility will serve as a hub for social connection, where residents can build supportive networks, encouraging a sense of belonging and mutual motivation. The positive atmosphere created by Palo Alto Fit is set to inspire healthier lifestyle choices and foster a culture of well-being.
Furthermore, our collaborative efforts with local entities will amplify the reach of health education and wellness initiatives, thereby enriching Palo Alto’s overall health landscape.
We kindly request your support for our Conditional Use Permit at 310 & 320 California Ave Sincerely,
Nina Nguyen
Business Owner, Palo Alto Fit
Building Owner, 310-320 California Ave
Item 4
Attachment G -
Applicant's Project
Description
Item 4: Staff Report Pg. 122 Packet Pg. 141 of 636
If you need assistance reviewing the above documents, please contact the Project Planner or call the Planner-on-Duty at 650-617-3117 or email [email protected]
Project Plans
In order to reduce paper consumption, a limited number of hard copy project plans are provided to Board members for their review. The same plans are available to the public, at all hours of the day, via the following online resources.
Environmental Document
The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Guideline Section 15301 (Existing Facilities).
Directions to review Project plans and environmental documents online:
1. Go to: bit.ly/PApendingprojects
2. Scroll down to find “310 California Avenue” and click the address link
3. On this project-specific webpage you will find a link to the project plans and other important information
Direct Link to Project Webpage:
https://www.cityofpaloalto.org/Departments/Planning-Development-Services/CurrentPlanning/Projects/310-California-Avenue Attachment H
Item 4
Attachment H - Project
Plans
Item 4: Staff Report Pg. 123 Packet Pg. 142 of 636
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 10, 2024
Report #:2405-2973
TITLE
Approval of a Finding that the Fire Station No. 4 Replacement Project (CIP PE-18004) is "Substantially Complex" Under Public Contract Code Section 7201 and Direction to Increase the Retention Schedule From Five Percent to Ten Percent; CEQA Status – Exempt Under Section 15061(b)(2)
RECOMMENDATION
Staff recommends that Council:
1. Approve a finding that the proposed Fire Station No. 4 Replacement Project is “substantially complex” under Public Contract Code Section 7201 based on the reasons set forth in the staff report; and
2. Direct this project to be advertised for bid with a retention amount of ten percent (10%).
BACKGROUND
Public Contract Code Section 7201 requires public agencies to limit contract retention on public works projects to 5% unless the project is found to be “substantially complex” and therefore requires a higher retention amount. Retention is a contractual withholding of money from payments to the contractor by the City to cover any unexpected expenses, such as stop payment notices or poor workmanship, that may occur before the project is complete and accepted. The standard procedure is to return the retention once the following occurs: work is completed, the contractor provides the maintenance bond, the City accepts the project, and the stop payment notice period expires.
Public Contract Code Section 7201(b)(1) generally caps the retention amount that may be withheld at five percent (5%) of the contract price. However, Section 7201(b)(4) permits an awarding agency to withhold in excess of 5% on specific projects where the governing body approves a finding, during a properly noticed and normally scheduled public hearing and Item 5
Item 5 Staff Report
Item 5: Staff Report Pg. 1 Packet Pg. 143 of 636
prior to bidding, that the project is substantially complex and therefore requires a higher retention amount. Section 7201(5) requires such a finding to “include a description of the specific project and why it is a unique project that is not regularly, customarily, or routinely performed by the agency or licensed contractors.” The awarding entity must include in the bid documents details explaining the basis for the finding and the actual retention amount. Staff will include this information in the bid documents.
ANALYSIS
The Fire Station No. 4 Replacement Project is part of the 2014 Council Infrastructure Plan. Fire Station No. 4 is located at 3600 Middlefield Road. The existing Fire Station No. 4 was built in 1953 and does not currently meet the current and future needs of the Fire Department. Due to the growth of the community and advancements in fire safety services, the existing building no longer meets current seismic, accessibility, or regulatory code requirements that are required to meet the Essential Services Buildings Seismic Safety Act (ESBSSA). The new Fire Station No. 4 is approximately 8,000 square feet and will house a crew of five personnel and the following apparatus: a fire engine, an ambulance, and a reserve engine. The new station design will include two drive-through apparatus bays and a separate reserve bay, living quarters, bedrooms for the crew, exercise room, Captain’s office, and training room. The building will be a one-story, LEED-certified building.
The construction contractor will be required to subcontract for numerous specialties including structural steel, fire sprinklers, backup power, communication systems, and ventilation systems. The project will require the coordination of multiple construction disciplines while maintaining right-of-way access within a heavily used intersection by pedestrians, bicyclists, and students.
City staff has determined and recommends that Council find that the Fire Station No. 4 Replacement Project is “substantially complex” and therefore requires a higher retention amount of 10%, based on the large amount of work required, the multi-faceted nature of the project, complex communication systems, and the numerous specialized disciplines and trades involved in the construction. The City Clerk has published the required notice of this hearing in the newspaper starting on May 31, 2024.
The retention will be released as described in the City of Palo Alto’s standard contract General Conditions Section 9.8.1 which states, “Upon receipt of notice from Contractor that the Work is ready for final inspection, City will make such inspection. The City will file a Notice of Completion (NOC) with the County Clerk within ten (10) days after Acceptance by the City. Thirty-five (35) Days after filing the NOC, the City may release the final retention provided the requirements in this paragraph are met.”
Item 5
Item 5 Staff Report
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Staff plans to issue an IFB for the Fire Station No. 4 Replacement project in July 2024.
Construction of Fire Station No. 4 is expected to begin in fall 2024 with completion anticipated in winter 2026.
FISCAL/RESOURCE IMPACT
There are no resource impacts associated with finding the project “substantially complex”.
STAKEHOLDER ENGAGEMENT
Stakeholder engagement is not applicable to this staff report.
ENVIRONMENTAL REVIEW
Council action on this item is exempt from the California Environmental Quality Act (CEQA) review under section 15061(b)(2) of the CEQA Guidelines because the Fire Station No. 4 Replacement Project is categorically exempt under CEQA Guidelines Sections 15302 and 15303 and is not barred by one of the exceptions set forth in Section 15300.2. A notice of CEQA exemption was filed on October 26, 2023.
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 10, 2024
Report #:2405-2993
TITLE
Approval of Professional Services Contract Number C24189086 with Carollo Engineers, Inc. in the Total Amount Not-to-Exceed $2,742,774 for Preparation of the Long Range Facilities Plan Update for the Regional Water Quality Control Plant for a Period of Two and a Half Years; CEQA Status – Not a Project
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Contract No. C24189086 with Carollo Engineers, Inc., for preparation of the Long Range Facilities Plan Update for the Regional Water Quality Control Plant (RWQCP) for a term of two and a half years and a total amount not-to-exceed $2,742,774, including $2,493,431 for basic services and $249,343 for additional services.
EXECUTIVE SUMMARY
Staff issued a Request for Proposals from Consultants to perform an update to the RWQCP’s 2012 Long Range Facilities Plan (LRFP)1 and recommends a contract be awarded to Carollo Engineers, Inc. Selection and award of a professional services agreement has been through formal solicitation of proposals, review of work plan and costs, and assessment of quality of services. Approval of Contract Number C24189086 (Attachment A) with Carollo Engineers, Inc. will initiate the LRFP Update that will allow for: 1) recommendation of a potential biosolids processing facility either at the Measure E site (formerly part of Byxbee Park, immediately adjacent to the Plant’s southeast boundary), inside the plant fence line, and/or offsite operated by others; 2) advanced planning analysis for workspace needs, to allow the City to make timely decisions on land use and land acquisition possibilities to address RWQCP’s workspace needs; 3) development of a re-prioritized 50-year capital improvement program (CIP) for improving the reliability and efficiency of the RWQCP based on updated regulatory and emerging contaminant 1 Long Range Facilities Plan for the Regional Water Quality Control Plant, 2012; https://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-control-plant/lrfp-final-report-08- 2012.pdf
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issues; and 4) recommendation of a potential alternative basis for allocation of Capital and O&M costs among the partner agencies.
BACKGROUND
The City owns and operates the RWQCP, which provides treatment and disposal of wastewater for the cities of Palo Alto, Mountain View, and Los Altos; the Town of Los Altos Hills; the East Palo Alto Sanitary District; and Stanford University. The RWQCP has a design capacity of 39 million gallons per day (mgd), average daily treated flow of 20 mgd, and a wet weather capacity of 80 mgd.
In 2012, a LRFP was completed to identify the improvement needs at the RWQCP for continued, compliant operations. The LRFP was accepted by the City Council on July 2, 20122 and staff have been working on implementing the CIP program.
On June 19, 2023, staff provided an Information Report that included a RWQCP capital improvement program update and discussed the need for additional long range facilities planning.3 In the report, staff explained a plan to solicit proposals and return to Council for approval of a professional services contract to perform the LRFP Update. Staff further shared that the scope of work for the LRFP Update would include: (a) work space planning advanced to a 10% design level; (b) an update to the 2014 Biosolids Facilities Plan4 and 2019 Biosolids Facilities Plan Update;5 (c) an evaluation of regulatory and emerging contaminant issues as they relate to capital infrastructure; (d) development of a recommended capital program and update of capital costs and scopes from the 2012 LRFP; (e) a cost of service analysis; and (f) a capital cost sharing methodology evaluation and recommendation for debt-serviced projects. 2 City Council, July 2, 2012; Agenda Item #1; SR#2914,
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2012/id-2914.pdf 3 City Council, June 19, 2023; Agenda Item #44; SR#2305-1396, https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/staff-reports-all/2023/id.-2305-1396-updateon-the-capital-improvement-program-and-long-range-facility-planning-update-for-the.pdf 4 CH2MHill (Now Jacobs). Palo Alto Regional Water Quality Control Plant Biosolids Facility Plan, 2014; https://www.cityofpaloalto.org/files/assets/public/public-works/environmental-compliance/water-quality/2010- rwqcp-master-planning/parwqcp-biosolids-facility-plan-final.pdf 5 Woodard & Curran. Palo Alto Regional Water Quality Control Plant Biosolids Facility Plan Update, 2019; https://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-control-plant/sludge-dewateringbuilding/finaldraft_palo_alto_bfp_update.pdf?t=47012.05 Item 6
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Biosolids Facilities Plan (BFP) Update
The 2014 Biosolids Facilities Plan (BFP) evaluated and recommended biosolids technologies to replace incineration and developed a biosolids disposal plan. The recommendation was to construct a Phase I sludge dewatering and truck loadout facility, which was subsequently constructed, commissioned, and operated since 2019. The new dewatering facility allowed decommissioning of the aging incinerators as outlined in the LRFP plan as well as eliminating the largest source of greenhouse gas (GHG) emissions from City facilities. The 2014 BFP plan recommended a future Phase II that would include anaerobic digestion facilities (thermal hydrolysis processing (THP) of biosolids followed by mesophilic anaerobic digestion (MAD) with a combined heat and power (CHP) facility to utilize the biogas), as recommended based on economic and non-economic factors. Upon further project definition and design development, the estimated capital cost and complexity increased, leading to an abandonment of Phase II in early 2015.
A BFP Update was completed in 2019 to re-evaluate long-term biosolids management and energy recovery alternatives, inside the plant fence line. The ultimate outcome for the nearterm was to continue hauling sludge offsite and treating dewatered sludge at regional treatment facilities which would handle beneficial reuse. On June 18, 2018, the City approved five-year contracts for offsite biosolids processing at two different regional treatment facilities (Lystek International Limited and Synagro-WWT, Inc) through March 31, 2024. To transport sludge to the treatment facilities, City Council approved a three-year contract6 with Denali Water Solutions, LLC (Denali) on June 18, 2018 for sludge hauling services through March 31, 2022. A new contract7 for sludge hauling, again with Denali, was approved on January 24, 2022 for three more years of hauling services beginning April 1, 2022 and ending March 31, 2025.
New five-year contracts8 were signed in February 2024, again with Lystek and Synagro, for offsite sludge treatment services for a term of April 1, 2024 to March 31, 2029.
On April 3, 2023, the City Council directed staff to report back to Council to determine if the
3.5-acre portion of the Measure E site, immediately adjacent to the Plant’s southeast boundary, 6 City Council, June 18, 2018; Agenda Item #9; SR #8913, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2018/id-8913-approve-three-public-works-contracts-for-sludge-hauling-and-offsite-treatmentservices.pdf 7 City Council, January 24, 2022; Agenda Item #3; SR # 13520, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-councilagendas-minutes/2022/20220124/20220124pccsm-amended-linked-cq-added.pdf 8 City Council, February 12, 2024; Agenda Item #4; SR#2309-2048, https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/staff-reports-all/2024/id.-2309-2048- approval-of-two-general-services-contracts-in-the-wastewater-treatment-enterprise-fund.pdf Item 6
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should be used by the Wastewater Treatment Fund for a biosolids facilities process (i.e., “an environmental technology” as defined in the Measure E ballot language).9 The LRFP Update will include a Biosolids Facilities Plan Update to identify a layout and siting concept for near- and long-term solutions (e.g., an alternative evaluation of pyrolysis, anaerobic digestion, offsite treatment, etc.), including locating the biosolids technology and facilities on the plant site, the Measure E site, and/or offsite for treatment by others. The BFP Update will take into consideration the following additional factors in the evaluation and recommendation of near- and long-term solutions:
• increased off-site sludge hauling and treatment services costs; • changing regulatory and biosolids market landscape with the implementation of Senate Bill (SB) 1383 and the possibility of future per- and polyfluorinated substances (PFAS) limits, which impacts biosolids disposal options;
• further development of new solids processing technologies and availability of potential regional partnership opportunities;
• ongoing secondary treatment upgrades that are expected to increase waste activated sludge (WAS) production by approximately 34% and total sludge production by 10%; and
• decreasing wastewater flows leading to increased waste strength.
Workspace Facility Plan
The 2012 LRFP identified the need to construct new workspaces for RWQCP staff to meet future staffing levels, workspace upgrades, and safety and code updates. In 2019, an early construction cost estimate for the total project cost for the previously planned new Operations Center workspace, per scope from 2012 LRFP, was $52 million (2026 dollars), much higher than anticipated in the LRFP.
The LRFP Update will include an advanced workspace planning analysis to evaluate alternative opportunities to a singular, new workspace building at the Plant, including: rehabilitating and repurposing current Operations and Administration buildings; procurement possibilities for supplemental real estate; office lease options; and a new on-site building, to house several different combinations of workgroups as well as to provide a new laboratory.
Cost of Service Analysis
Since the 1980s, partner agencies’ operating budget and minor CIP expense cost components are set at 34% flow, 22% ammonia, 22% total suspended solids, and 22% chemical oxygen 9 City Council, April 3, 2023; Agenda Item #12; SR 2303-1145, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reportscmrs/2023/sr-2302-0942.pdf Item 6
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demand. Partners established the current fixed allocated capacity shares in about April 1985, as shown in Tables 1 and 2:
The LRFP Update will include a cost-of-service analysis, reviewing actual operating expense cost data and its relation to flow and wastewater pollutant load data (specifically, water quality, strength, and pollutant loading characteristics). The City will use the results of this task to establish the operating expense cost data per generally accepted accounting principles to potentially change the allocation of total costs to be billed on an annual basis for each of the six partner agencies. Furthermore, in the LRFP Update, the flow allocations (in million gallons per day) and potential new load allocations (e.g., pounds per day of a particular pollutant) for debt financed capital infrastructure share allocations will be assessed. Staff will work with partner agencies on proposed changes and return to Council for review and direction regarding any recommended changes.
Evaluation, Identification and Prioritization of 50-year Capital Project Needs Following the 2012 LRFP recommendations, the RWQCP has implemented or started major plant upgrades, including:
• Construction and commissioning of a new solids dewatering facility and retirement of aging incinerators in 2019.
• Upgrading the secondary treatment process to a process that achieves biological nutrient removal using a step-feed activated sludge system coupled with a Membrane Aerated Biofilm Reactor (MABR) process in the existing aeration basins. This project, under construction from 2023 through 2028, will improve final effluent quality and ensure the Plant will meet a new regulatory total inorganic nitrogen effluent limit expected in 2034.
• Planning and preliminary design of a new Headworks Facility to replace and upgrade the raw sewage pumping system and preliminary treatment processes for rags, debris, and grit removal.
The LRFP Update will include engineering analysis to: 1) evaluate the impact of evolving future regulations on nutrient removal, emerging contaminants of concern, biosolids disposal, and air emissions on existing infrastructure upgrade or improvement needs; and 2) re-evaluate, Los Altos Mountain View
East Palo Alto
Sanitary District
Stanford
University
Los Altos Hills Palo Alto Total
3.8 15.1 3.06 2.11 0.63 15.3 40
Table 1: Maximum Flow Capacity Rights Expressed in Annual Average Flow, Million Gallons Per Day Los Altos Mountain View
East Palo Alto
Sanitary District
Stanford
University
Los Altos Hills Palo Alto Total
9.47% 37.89% 7.64% 5.26% 1.58% 38.16% 100%
Table 2: Fixed Capacity Share of Capital Assets for Debt Service Share Item 6
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identify, and re-prioritize remaining capital improvement program needs over the next 50 years to assure the Plant’s reliable operation as a regulatory compliant facility.
ANALYSIS
The City requires the services of a qualified and experienced engineering firm to perform an update to the Long Range Facilities Plan (2012) for the RWQCP. The consultant’s scope of work is summarized below:
• Biosolids Facility Plan Update (BFP Update);
• Workspace planning;
• Background and baseline information (wastewater flow and load projections, recent and ongoing plant improvements, process modeling and capacity assessment, regulatory review);
• Existing plant infrastructure and process assessment; • Identification, evaluation, and recommendation of alternatives / improvements; • Cost of services analysis; and
• Long Range Facilities Plan Update report.
Summary of RFP Solicitation
A request for proposals (RFP) for the project was posted on August 30, 2023 on OpenGov, the City’s eProcurement platform, and 2,835 vendors were notified. The solicitation period was posted for 160 days; one (1) proposal was received. The solicitation closed on February 6, 2024. Table 3 shows a summary of the RFP solicitation.
Table 3: Summary of Request for Proposal
Proposal Description Long Range Facility Plan Update, RFP189086 Proposed Length of Project 20 to 30 months
Request for Proposal Issued 8/30/2023
Number of Vendors Notified 2835
Total Days to Respond to Proposal 160
Number of RFP Packages Downloaded 35
Pre-Proposal Meeting and Date 9/18/2023 (mandatory); 11/20/23 (non-mandatory) Number of Company Attendees at Preproposal meeting(s) 7 firms Number of Proposals Received 1
Number of Companies Interviewed 1
Final Negotiated Contract Price (Basic
Services) $2,493,431
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Public Link to Solicitation https://procurement.opengov.com/portal/paloalto-ca/projects/57268 Post-Solicitation Vendor Survey
After the proposal due date, surveys were conducted by Administrative Services Department Purchasing staff. Vendors who attended the Pre-Proposal meeting(s) but did not propose were asked to provide feedback regarding why they did not propose. The survey indicated the following reasons: 1) they did not have the necessary resources; 2) they were not able to put together a competitive team; 3) they did not have a project manager with the necessary experience for this project; 4) they were focused on pursuing other project(s); 5) the key biosolids staff for leading the Biosolids Facility Plan Update in this project were not available at the time of the RFP/solicitation; 6) they did not have advanced knowledge of the project and therefore not in a position to provide best team/services; and 7) they could only serve as a subcontractor to a larger prime firm.
Evaluation of Proposals
An evaluation committee consisting of the RWQCP engineering staff reviewed the proposal received. The proposal firm consisted of one prime consultant, Carollo Engineers, Inc (Carollo), and two subconsultant firms including Jacobs Engineering, Inc (Jacobs) and Bartle Wells Associates (BWA). The committee carefully reviewed the proposal team’s qualifications and submittal in response to the criteria identified in the RFP, including quality and completeness of proposal; cost; quality and effectiveness of services; and experience of their staff with projects of similar complexity and scope. The proposal was evaluated and determined to be responsive to the criteria identified in the RFP.
During Carollo’s presentation and interview, their team members (including those from the subconsultants) showcased their relevant previous master planning experience, demonstrated a thorough understanding of the RWQCP’s needs for this planning project, and shared good perspectives on how the existing site will be best planned and reserved for future RWQCP facilities.
Carollo, with Jacobs and BWA as subconsultants, was selected for this project because of: a) the quality, innovation, and thoroughness of Carollo’s proposed work plan; b) the depth of the key team members’ professional experience, especially in regional planning, biosolids management, workspace planning, and working with the public, as demonstrated in their previous work and during their presentation; c) Carollo’s understanding of the City’s needs and objectives; and d) Prior record of good performance with the City.
During the contract negotiation, in the spirit of collaboration, Carollo agreed to reduce their original proposal fee of $2,824,806 by $331,335 to a final fee of $2,493,431, without reducing the scope of work on the basic services. This reduction amounts to a 12% fee decrease, Item 6
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achieved primarily by Carollo’s refinement of scope tasks after additional Carollo review and City explanation of background information.
The work is anticipated to commence in the third quarter of 2024, with a total project duration of two and a half years.
FISCAL/RESOURCE IMPACT
Funding for this contract is included in the Fiscal Year 2025 Proposed Capital Budget for the Plant Repair, Retrofit, and Equipment Replacement project (WQ-19002) and is subject to Council approval as part of the annual budget development process.
STAKEHOLDER ENGAGEMENT
This project is part of the RWQCP’s capital improvement program funded by the City of Palo Alto and its five partner agencies who use the RWQCP for wastewater treatment. City management staff has been kept apprised of this project through RWQCP Monthly Strategies and Challenges Meetings. The need for this LRFP Update was also discussed in RWQCP capital improvement program update in previous Information Report to City Council. The open meetings on the budget process serve as the main venue for engaging the community on this project. The five partner agencies are regularly updated on both the need for and the progress of wastewater treatment capital work, including this project. Updates are provided each year at an annual meeting and at other periodic meetings established to inform partner agency staff about the major capital improvement program.
Topics related to the scope of work of this project will be presented through meetings and sessions with the Utilities Advisory Commission, Palo Alto City Council and Finance Committee, Partner Agencies, and public workshops.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) because the LRFP Update is an administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(4). The LRFP Update will help inform the planning and design of future facilities at the RWQCP and environmental review will be performed during development of any resulting projects, as necessary.
ATTACHMENTS:
Attachment A: Contract C24189086 with Carollo Engineers, Inc APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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Professional Services
Rev. Jan 29, 2024
CITY OF PALO ALTO CONTRACT NO. C24189086
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND CAROLLO ENGINEERS, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 10th day of June 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CAROLLO ENGINEERS, INC., located at 2795 Mitchell Drive, Walnut Creek, CA 94598-1601 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to perform and update its Long Range Facilities Plan for the Regional Water Quality Control Plant (RWQCP) the “Project”) and desires to engage a consultant to provide engineering and other required 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 June 30, 2027 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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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 Million Four Hundred Ninety-Three Thousand Four Hundred Thirty-One Dollars ($2,493,431). 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 notto-exceed compensation amount of Two Hundred Forty-Nine Thousand Three Hundred Forty-Three Dollars ($249,343) 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 Million Seven Hundred Forty-Two Thousand Seven Hundred Seventy-Four Dollars ($2,742,774), 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.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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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 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 DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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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.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are:
Jacobs Engineering, Inc.
Bartle Wells Associates (BWA)
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Rashi Gupta, P.E., Telephone: 714-788-1925, 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 DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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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 Connie Li, P.E., Public Works Department, Environmental Services Division, RWQCP, 2501 Embarcadero Way, Palo Alto, CA, 94303, Telephone: 650-329-2238, Email: [email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 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.
[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 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.
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[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 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 DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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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.
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 DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further 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 DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting 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.
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26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
OR
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 (“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 a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
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OR
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 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 DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
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.
29.10. CITY-PROVIDED INFORMATION. The CITY shall furnish the CONSULTANT available studies, reports and other data it deems necessary for CONSULTANT's performances of Services under this Agreement, which CONSULTANT may use and rely upon to perform DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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those Services, so long as CONSULTANT’s use of any Confidential Information complies with Section
28. 29.11. ESTIMATES AND PROJECTIONS. CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, over the incoming water quality and/or quantity, or over the way the CITY’s plant(s) and/or associated processes are operated and/or maintained.
Data projections and estimates are based on CONSULTANT’s opinion based on experience and judgment.
29.12. THIRD PARTIES. The Services to be performed by CONSULTANT are intended solely for the benefit of the CITY.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C24189086 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
CAROLLO ENGINEERS, INC.
Officer 1
By:_____________________________
Name:___________________________
Title:____________________________
Officer 2
By:______________________________
Name:____________________________
Title:_____________________________
DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Senior Vice President
Rick Chan, Senior Vice President
Executive Vice President
Anne E. Prudhel
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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.
I. INTRODUCTION
The City of Palo Alto (City) is requesting proposals from consultants to perform an update to their Long Range Facilities Plan (2012) for the Regional Water Quality Control Plant (RWQCP; Plant).
The update will be known as the Long Range Facilities Plan Update (the Project). For this Project, the CONSULTANT shall provide engineering and other required services during all phases of the Project, as authorized by the City.
II. BACKGROUND
General
The City owns and operates the RWQCP, which treats wastewater from a total of six partner agencies (Partners), including the City. The RWQCP has a permitted dry weather capacity of 39 million gallons per day (MGD), annual average treated flow of 16 to 18 MGD, and a wet weather capacity of 80 MGD. In 2012, a Long Range Facilities Plan (LRFP) was completed to identify the needs at the RWQCP for continued, compliant operations. To date, several of the needs identified in the 2012 LRFP have resulted in projects that have either been completed or are underway. They are as follows:
• Sludge Dewatering and Loadout Facility (completed in 2019) • Primary Sedimentation Tank Rehabilitation and Electrical Room Upgrade (in construction and expected to be completed in June 2024)
• Secondary Treatment Upgrades (in construction and expect to be completed in June 2028) • 12kV Power Distribution Upgrades – Phase 1 (in construction and expect to be completed in June 2024)
• 12kV Power Distribution Upgrades – Phases 2-7 (expect to issue NTP for construction in August 2024)
• Advanced Water Purification System (in design)
• Joint Interceptor Sewer Rehabilitation - Phase 1 (design completed; construction scheduled for summer 2024)
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• Outfall Project (on hold)
• Headworks Replacement Project (in advanced planning)
Space Planning
The existing Administration Building was originally constructed in 1975 as a recycled water process and pumping facility and subsequently expanded in 1992, 1995, and 1998 as a staff building and pretreatment lab. The existing Operations Building was originally constructed in 1972 and houses laboratory testing stations and equipment, offices, a large lunchroom, and locker rooms. Per the LRFP, the need for a new building was identified to house Operations, Administration, Engineering, Watershed Protection, IT, and Solid waste staff, as well as to provide a new laboratory. Subsequently, in 2017, RWQCP staff revisited the LRFP siting analysis which resulted in the identification of the project as a new, 2 story building which would house the laboratory, environmental services staff, and be located along the western periphery of the RWQCP (adjacent to the secondary clarifiers). Building costs were higher than budgeted and the Plant canceled the project to reevaluate alternatives.
The City also intends to construct and/or repurpose workspaces for RWQCP staff to meet future staffing levels, workspace upgrades and safety/code updates. There are several predefined workspace alternatives to be used independently or in aggregate to meet the Plant’s workspace needs, including:
• Buy 1900 Embarcadero Road and remodel for some or all groups. • Buy 2415-17 and/or 2425 Embarcadero Way, demolish existing structure and a build tech services building for some or all groups.
• Renovate and repurpose the Administration Building.
• Renovate the Operations Building for at least the Operations group. • Build a technical services building, that includes a lab function, engineering, technology, and watershed protection groups
• Construct a “lab only” building, that includes the laboratory, laboratory appurtenant spaces, and lab staff workspaces.
• Build a “mothership” adjacent to new lab only building, consisting of Operations, Engineering, Technology, and Watershed Protection groups. • Build a tech services building next to new lab only building, consisting of Engineering, Information Technology, and Watershed Protection Group.
The Plant’s preference is for the Operations Group to remain in the existing Operations Building, provided that alternative is favorable or similar in comparison to other alternatives costs.
The workspaces need to include the programmed areas defined in Attachment B – Exhibit A (Space Needs Analysis), including:
• A primary point of entry of Plant visitors;
• An Operations staff and control room, equipped with SCADA monitoring and control system;
• Sufficient exterior space for motor vehicle parking and bike storage; • Integrated security systems; and
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• Sufficient common areas for large conferences, small meetings, meals (preparation and dining); note that the Admin Building has been repurposed for conference, training, job walk meetings with a large number of attendees, and all-hands meetings and meals; the repurposed Admin Building seems to be meeting the space planning needs the large gathering space needs without the need for these larger spaces to be placed in a more expensive new building (e.g., the former mothership concept of the prior staff building planning).
Biosolids Facilities Plan
In 2014, the City developed a Biosolids Facility Plan (BFP) to evaluate and recommend a biosolids technology to replace incineration and a biosolids disposal plan for review and approval by City Council. The 2014 BFP can be found at link below1. The BFP recommendation was to construct a Phase I sludge dewatering and truck loadout facility which is now in operation. A future Phase II facility was to include anaerobic digestion facilities including thermal hydrolysis processing (THP) of biosolids followed by mesophilic anaerobic digestion (MAD) with a combined heat and power (CHP) facility to utilize the biogas. This recommendation was based on a combination of economic and non-economic factors emphasizing energy production, greenhouse gas reduction, capital cost, and life-cycle cost.
The THP/MAD/CHP alternative was further developed in a Preliminary Design Report in 2015.
This report can be found at link below2
. With further project definition and design development, the estimated capital cost for the selected alternative increased from $57M to $71M. This revised cost estimate, coupled with the complexity of operating a new THP facility, led to the decision to abandon the THP/MAD/CHP project in early 2015. The design of the dewatering and truck loading facilities proceeded in 2015 and the new facility was operational in early 2019.
Since completion of the BFP and Sludge Dewatering and Loadout Facility, there have been several new developments in the industry that warrant revisiting the previous recommendations and updating the BFP. These include:
• The City has completed the new sludge dewatering and truck load-out facility and the incinerators have been decommissioned.
• Recent legislation in California is driving new regulations that impact biosolids disposal options, organic waste management options, as well as short-lived climate pollutants (including methane) and other air emissions from wastewater treatment facilities. • Several technologies that were nascent at the time of the BFP have advanced with recent installations and operational history in California. These include the Lystek lowtemperature alkaline hydrolysis process and the Bioforcetech drying and pyrolysis process. • A BFP 2019 update that re-evaluated long-term biosolids management and energy recovery alternatives. The ultimate outcome for the near-term was to continue hauling and treating 1 City of Palo Alto htps://www.cityofpaloalto.org/files/assets/public/public-works/environmentalcompliance/water-quality/2010-rwqcp-master-planning/parwqcp-biosolids-facility-plan-final.pdf 2 City of Palo Alto htps://www.cityofpaloalto.org/civicax/filebank/documents/61625 DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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dewatered sludge at regional treatment facilities which would handle beneficial reuse. This update can be found at link below3.
• The City has awarded a five-year contract for offsite biosolids processing. A new five-year contract will be in place by April 1, 2024 for a term of April 1, 2024 to March 31, 2029. • The Regional Water Quality Control Board (RWQCB) has adopted a Nutrient Watershed Permit and is moving toward regulating total nitrogen in effluent discharged to the San Francisco Bay. This has led to a reassessment of the recommendations of the LRFP and the City has decided to replace the aging Fixed Film Reactor (FFR) facilities with a biological nutrient removal (BNR) process. This will result in a change in solids production rate (about 34% more WAS and 10% more total sludge) and solids quality and potential future dewatering side-stream treatment requirements.
• Wastewater flows have decreased and waste strength has increased due to water conservation measures and a drop in infiltration and inflow into sewers over the long-term.
The Biosolids Facility Plan needs to identify a layout and siting concept for near- and long-term solutions, within the Plant fence line and/or at the Measure E site, adjacent to the Plant’s southeast boundary. The Measure E site is owned by the General Fund and is former parkland. If authorized by Council, the Measure E site could be used by the Wastewater Treatment Fund for a biosolids facilities process (i.e., “an environmental technology” as defined in the Measure E language). City Council has the option to rededicate some or all of the Measure E site as parkland at any time.
However, this LRFP Update is an important study to help City Council decide whether it is beneficial for the City to use the Measure E site for use for a future biosolids technology, and Council is likely to defer any decisions on park rededication until completion of this study. The 2019 Biosolids Facilities Plan update only analyzed biosolids technology facilities inside the plant fenceline because the technology evaluation did not dictate the need for supplemental land. This study, at the direction of Council, will be evaluating the Measure E site in addition to land inside the plant fenceline.
III. INITIAL PROJECT DEFINITION
A successful Long Range Facilities Plant Update will address the RWQCP key issues and meet the RWQCP long term goals.
Key Issues (in no particular order):
Schedule
o The City needs to make RWQCP layout and space planning decisions as soon as possible. The Biosolids Facility Plan Update and the Workspace Planning tasks need to occur first and findings from these tasks need to be used by the City before the conclusion of the complete Long Range Facility Plan Update. • Existing Conditions and Capital Improvements:
o Project Location: The RWQCP is located within a flood plain, adjacent to the San Francisco Bay, a baylands park, a closed landfill, and an active airport. Associated conditions, including but not limited to, flooding, sea level rise and related rising 3 City of Palo Alto htps://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-controlplant/sludge-dewatering-building/finaldra�_palo_alto_bfp_update.pdf?t=47012.05 DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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shallow groundwater conditions (see City of Palo Alto Sea Level Rise Vulnerability Assessment section 8.2.5.2 for anticipated inundation and depth to groundwater changes in future decades, and Sea Level Rise Adaptation Policy at www.cityofpaloalto.org/sealevelrise), miscellaneous fill, young bay mud, and temporary and permanent facility height restrictions need to be considered. The RWQCP is located adjacent to light-industrial and commercial properties. Temporary and permanent aspects of the Project implementation, including traffic, noise, dust and odors need to be anticipated and mitigated.
The RWQCP is located over “bay mud” and miscellaneous fill.
Geotechnical investigations are required to understand soil conditions and seismic criteria. All current Capital Improvement Plans (CIPs) utilize deep, drilled piles as part of the foundation system for structures, including equipment pads.
o Reliability: The RWQCP is critical infrastructure, required to be staffed and operate through extreme events and future conditions (including anticipated sea level rise, changing shallow groundwater conditions, and potential 100-year flood event; seismic events, and mechanical and power failures) with minimal impacts. o Costs: The Plant needs to understand the initial and long-term costs associated with proposed improvements and the costs/risks of no improvement alternatives to ensure the best value for the Partners is programmed.
o Project Prioritization and Sequencing: To the greatest extent possible, the City needs to understand its infrastructure’s risk of failure and consequence of failure.
Capital improvement projects need to be developed to minimize infrastructure failure harming public health, property, and the environment. Consideration also needs to be given to the space and resources available to complete projects and the logical sequencing of related projects (related by process or related by area).
Projects should be phased as needed to align with resources, including funding. o CIP Constructability: Staging, laydown, and parking constraints need to be considered when defining projects.
• Identification and Allocation of Costs
o Operations and Maintenance Costs: To ensure fair cost allocations to the Partners of the Plant based on flow and strength components of the wastewater, the City needs to understand the total cost components of its reoccurring services, including administration, operations, maintenance, and contractor/vender services. o Capital Cost (Debt) Shares: The City assigns to each Partner a proportion of the capital costs associated with each major project. The City needs to review their existing methodology for assigning costs and to evaluate alternative methodologies.
The City favors a methodology that is fair, transparent, and appropriately detailed. • Spatial Considerations: The Plant has had the same property line and footprint since 1972. Over that time, the Plant has utilized the available footprint to adapt to its operations and infrastructure to meet community and regulatory drivers; the Plant has expanded its wastewater treatment capacity and recycled water production, reduced its onsite air emissions, and improved effluent water quality. The fixed footprint has made it challenging to implement capital improvement projects and major maintenance activities while meeting all the Plant’s high standards and regulatory requirements (e.g., issues with staging, DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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laydown, parking, and maintenance of screening and buffer lands). The Plant may have the opportunity to acquire adjacent properties and relocate some Plant staff groups outside the existing Plant footprint. The Plant needs to understand and quantify the benefits/opportunities of acquiring a new property. A significant part of the consideration is the planning-level costs for the several building construction and renovation alternatives, listed in Task 3.
• Biosolids Facilities and Management: Due to the changing disposal requirements and evolving opportunities and technologies, the City needs to again update their Biosolids Facility Plan (BFP). The plan, Biosolids Facility Plan Update, needs to: evaluate biosolids disposal options, onsite treatment opportunities, and opportunities for regional partnerships; identify improvement projects required at the Plant and associated estimated costs and greenhouse gas emissions; and identify planning level layout(s) and space requirements. The BFP Update needs to include a 30-year planning horizon.
Long Term Goals (in no particular order):
Prior to the 2012 Long Range Facility Plan, a long-term Goals Study was conducted with extensive input from the community, other stakeholders, and Plant staff. That effort identified 18 goals to guide RWQCP activities. Fundamentally, the long-term goals remain the same and are the basis for the Long Range Facilities Plan Update. The long-term goals for the RWQCP are listed below. • Meet Future Capacity Needs
• Meet or Exceed Regulatory Requirements
• Minimize or Eliminate Toxins in the Influent
• Minimize Energy Consumption and Maximize Energy Life Cycle Efficiency • Minimize or Eliminate Potentially Hazardous Chemical Usage • Minimize or Eliminate Total Release of Toxins to the Environment • Minimize Impact on Ecosystem
• Minimize Impacts on Community, Including Neighboring Communities • Minimize or Justify Financial Impacts on Ratepayer
• Involve Stakeholders in the Decision-Making Process
• Immobilize or Beneficially Reuse Persistent Toxins
• Take Leadership Role in Promoting Beneficial Reuse and Environmental Enhancement • Maximize Worker Safety
• Maximize Recycled Water as a Supplemental Water Source • Minimize the Plant’s Lifecycle Greenhouse Gas Emissions • Address Climate Change, Sea Level Rise and Changing Shallow Groundwater Conditions • Minimize Recycled Water Salinity
IV. CONSULTANT SCOPE OF SERVICES (BASIC SERVICES)
The CONSULTANT’s scope of work shall include the tasks described in the following sections.
The CONSULTANT shall not perform work on a task prior to an explicit approval by the City to proceed with work for that specific task.
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City anticipates the CONSULTANT’s work to proceed as follows with adjustments as needed by the CONSULTANT where mutually agreed to with the City:
Step 1: Update population and load projections for new planning horizon (50-year) (Task 4) Step 2: After Step 1, Specific Facilities Plans for Workspaces and Biosolids
1. Workspace Planning Facilities Plan (Task 3)
2. Biosolids Facility Plan Update (Task 2)
Step 3: In parallel with Step 2
1. Cost of Service Assessment for Operating and Capital Cost Allocations (Task 7) Step 4: After Step 1 and parallel or after Steps 2 & 3, investigate existing RWQCP condition and process needs (Task 5)
Step 5: After Step 4, Key assessments of capital assets and site planning (Task 6) Step 6: After Step 5, Updating recommended projects and prioritization list with new Association for the Advancement of Cost Engineering (AACE) Class 5 estimates (Task 8) Task 1 – Project Management
Task 1.1 – Invoicing/Project Controls
Provide necessary administration, project controls, quality assurance and professional oversight of the Project and the CONSULTANT's subconsultants to ensure the Project remains on schedule, remains within budget, maintains continuity of information, and satisfies the requirements of the CONTRACT.
Prepare and distribute a Project Management Plan (PMP) for City’s record. Within the PMP, include the baseline schedule, budget, spending projection, contacts/subcontracts and procedures.
Include a Project Directory with roles and contact information and a Quality Assurance and Quality Control Plan.
Prepare and submit monthly invoice packages to the City. Billing period shall include the full calendar month and not overlapping two separate Fiscal years (i.e., not to combine June and July invoices). If reimbursable incurred, include a summary table listing the subject matter/ personnel name, date, purpose and associated expenses; label each receipt with a numerical number. Include a progress report with invoices to document progress. Provide progress updates for each task on the sub-task level, the budget status (authorized amount, current billing, billed to date, previously billed, amount remaining, and percent spent), an earned value analysis chart, a list of outstanding issues and potential changes, a project schedule status and schedule concerns. Identify and mitigate potential budget overruns and schedule changes.
Prepare, maintain, and update the status of Project schedule for City’s review and comments.
Prepare Project schedule status monthly with the Progress Report. Identify and mitigate schedule changes.
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Task 1.2 – Kick-Off Meeting
Facilitate a hybrid (in-person/virtual) meeting at the initiation of the Project (Kick-Off Meeting), with the City Project Manager and City staff to discuss overall project coordination, data collection, and project schedule. Walk the Project site. Provide meeting attendees with an agenda seven (7) calendar days in advance of the date of the meeting. Provide meeting attendees with summary minutes and electronic copies of any supplemental materials used during the meeting no later than fourteen (14) calendar days from the date of the meeting.
Task 1.3 – Project Progress Meetings
Conduct virtual (via phone or web conference services) Project Progress Meetings with City Project Manager, twice a month. The frequency of Project Progress Meetings can be decreased at the City’s discretion.
Deliverables:
• Draft and final Project Management Plan.
• Baseline project schedule with milestones.
• Agenda and minutes for kick-off meeting.
• Monthly invoices, including monthly Progress Reports.
Assumptions:
• The kick-off meeting will be attended by up to five Carollo staff and up to two Jacobs staff.
The kick-off meeting will be a hybrid meeting, with some staff attending in person and others attending virtually and will have a 2-hour duration. In-person attendees will walk the project site after the kick-off meeting.
• Project progress meetings will be attended by up to two Carollo staff and one Jacobs staff.
Meetings will be virtual and have a 1-hour duration.
• Quality assurance and professional oversight of Project tasks will be performed under individual task budgets.
• All deliverables will be provided in electronic format.
Task 2 - Biosolids Facility Plan (BFP) Update
Task 2.1 - Update Background Information
The RWQCP currently co-thickens primary sludge and WAS in gravity thickeners and dewaters thickened sludge in belt filter presses. Dewatered cake is hauled for offsite processing by Synagro and Lystek.
Collect up to 5 years of available data on current solids (primary sludge, WAS, thickened WAS and primary sludge, and dewatered cake) quantities and characteristics (flow, total solids concentration, volatile solids concentration). Assess gravity thickener and belt filter press current operations (operating schedule, duty/standby units), process performance (hydraulic and solids loading rates, polymer dose, solids capture rate, and thickened and dewatered solids concentration).
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Assess current solids handling operating costs (power use, polymer use, operations and maintenance labor, equipment maintenance) and end-use costs to establish the baseline “donothing” solids processing alternative.
Review previous biosolids evaluations including the 2012 Long Range Facilities Plan, the 2014 Biosolids Facility Plan, and the 2019 Biosolids Facility Plan Update.
Develop draft BFP update priorities and evaluation criteria and methodology to be used in the biosolids alternatives screening and evaluation. The evaluation criteria and methodology used in the 2019 Biosolids Facility Plan Update will be used as a starting point for this BFP Update; CONSULTANT will review and modify as needed, with input from the City.
Conduct a kickoff workshop with Plant staff to review and confirm the draft BFP Update priorities, evaluation criteria and methodology, the current solids quantities, the current solids processes performance, and current solids handling and end-use costs. Draft a BFP Update Background and Introduction Technical Memorandum (TM) for the City’s review and comment. Incorporate City’s comments in the final BFP Update Background and Introduction TM.
Task 2.2 – Develop Baseline Solids Projections
The BNR/MABR secondary treatment upgrades, projected to be in service in 2028, are expected to result in a substantial change in solids production rate (about 34% more WAS and 10% more total sludge). This change in solids production rate and primary sludge to WAS ratio is expected to affect the gravity thickening and belt filter press dewatering performance.
The BFP Update will be based on a 30-year planning horizon. CONSULTANT will use the primary sludge and WAS loading projections (pounds per day) and volatiles solids concentrations (%VS) from the BioWin model developed in Task 4.3 and thickening and dewatering process performance assumptions to develop annual average and maximum month solids projections (primary sludge, WAS, thickened primary sludge and WAS, and dewatered cake) for use as the basis of sizing potential future solids processing facilities and off-site management options. CONSULTANT will use the existing thickening and dewatering performance criteria from Task 2.1 as a baseline and modify them based on expected changes in performance criteria from the BNR/MABR upgrades.
Task 2.3 – Regulatory Requirements and Trends
Review regulatory review chapters of previous biosolids evaluations including the 2012 Long Range Facilities Plan, the 2014 Biosolids Facility Plan, and the 2019 Biosolids Facility Plan Update.
Review current and expected future regulations, including:
• Federal, state, and local regulations applicable to existing and potential future solids processing and beneficial reuse.
• Regulations on short-lived climate pollutants (Senate Bill 1383) and emerging contaminants of concern: plastics/microplastics and PFAS. • Regulations relating to air emissions from digester gas treatment, flares, boilers, cogeneration, drying, and gasification/pyrolysis (since alternatives to be evaluated in Tasks
2.4 and 2.5 may include anaerobic digestion and thermal processes).
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• Regulations on sea level rise and related shallow groundwater change adaptation, as applicable.
Conduct a Basis of Planning workshop with Plant staff to review the solids projections developed in Task 2.2 and the regulatory requirements and trends developed in Task 2.3. Draft a Regulatory Requirements and Trends TM for the City’s review and comment. Incorporate City’s comments in the final Regulatory Requirements and Trends TM.
Task 2.4 - On-Site Solids Processing and Off-site Management Alternatives Screening Evaluate potential on-site solids processing and off-site management alternatives. CONSULTANT will review the alternatives developed in the previous biosolids evaluations including the 2012 Long Range Facilities Plan, the 2014 Biosolids Facility Plan, and the 2019 Biosolids Facility Plan Update.
On-site solids processing alternatives may be sited at the Measure E site, immediately adjacent to RWQCP (see staff report below for more information)4
. The City Council has authorized that the
Measure E site can be used as a potential future biosolids processing facility. Evaluate the latest developments for established and emerging technologies. Potential on-site solids processing alternatives include:
• MAD (mesophilic anaerobic digestion) with recuperative thickening • TAD (thermophilic anaerobic digestion)
• TPAD (Two-Phase Anaerobic Digestion)
• MAD with THP (Thermal Hydrolysis Process)
• Low Temperature Alkaline Hydrolysis (Lystek International, Inc.) • Drying / Pyrolysis (Bioforcetech Corporation; Aqualine) • Gasification (this alternative is expected to be eliminated due to need for wood chip addition)
• Thermal Drying
• Greenhouse Solar Drying
CONSULTANT will take into consideration the possibility of using mechanical thickeners (such as rotary drum thickeners) immediately downstream of the gravity thickeners or blend tank to increase the solids concentration and reduce the required downstream biosolids facility footprint.
CONSULTANT will evaluate expected impact of digestion on downstream dewatering performance.
Coordinate with the City to develop a list of up to five (5) off-site management alternatives for the City of Palo Alto. Off-site alternatives may be speculative. Potential off-site management alternatives include:
• San Jose WPCP Public Private Partnership (P3) imported feedstock opportunity 4 City of Palo Alto, April 3rd, 2023, SR 2303-1145 htps://www.cityofpaloalto.org/files/assets/public/agendasminutes-reports/reports/city-manager-reports-cmrs/2023/sr-2302-0942.pdf DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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For each on-site and off-site alternative, evaluate high-level advantages, disadvantages, recent installations, relative greenhouse gas (GHG) emissions (including for the processes and required trucking/hauling), and relative capital and operations and maintenance (O&M) costs. For greenhouse solar drying and other large footprint alternatives, estimate footprint requirements to determine if there is sufficient space at the RWQCP and Measure E site for these processes.
Conduct an On-Site and Off-Site Solids Alternatives Screening Workshop with City staff. At the workshop, use the screening evaluation criteria and methodology established in Task 2.1 to screen the options down to up to five (5) alternatives for alternatives development and analysis (“selected alternatives”).
Task 2.5 - Alternatives Development and Evaluation
Develop the selected alternatives identified under Task 2.4. Focus on a comparative evaluation and identify major differences between alternatives that align with the evaluation criteria identified in Task 2.1. Develop planning-level capital and life-cycle cost estimates and non-economic evaluations. Evaluate compliance with and flexibility to meet anticipated future regulatory requirements. Develop quantitative GHG emissions. Include in the GHG analysis the changing regulatory landscape that requires future sludge hauling trucks to be electric by 2036; evaluate hauling GHG emissions for two scenarios: current diesel trucks and future electric trucks.
Consider the spatial requirements of the selected alternatives and prepare a preliminary site layout plan for each, including trucking routes. Include required appurtenances for each alternative.
Provide key parameters for each alternative, including height, area, and operations and maintenance areas.
Draft an Alternatives Development and Evaluation TM for the City’s review and comment. In addition to documenting the findings of this task, include a description of the solids projections developed in Task 2.2 and of all alternatives considered and the basis for the initial screening conducted in Task 2.4. Conduct an Alternatives Development and Evaluation workshop.
Incorporate City’s comments in the final Alternatives Development and Evaluation TM.
The City has determined that alternatives involving food waste receiving, microturbines, fuel cells, compressed biogas vehicle fueling and compressed biogas for pipeline injection will not be included in the evaluation.
Task 2.6 - Recommended Biosolids Alternatives(s)
Collaborate with the City to identify a recommended biosolids alternative. If the preferred alternative is speculative, also provide a non-speculative recommended biosolids alterative.
For the recommended biosolids alternative(s), develop:
• Process flow diagram
• Nutrient removal strategy (including struvite, side-stream treatment) • Ancillary facility requirements
• Preliminary site layout and square footage / acreage requirements • Constructability issues
• Beneficial reuse and final disposition of residuals
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• Estimated capital costs
• Estimated operations and maintenance (O&M) costs
• Estimated GHG emissions
o For trucking alternatives, consider emissions for both diesel and electric vehicles • Risk management and mitigation strategy
Develop a draft Recommended Biosolids Alternative(s) TM detailing the recommended alternative(s). Conduct a Recommended Biosolids Alternative(s) Workshop. City’s review comments on the draft Recommended Biosolids Alternatives TM will be incorporated into the final Recommended Biosolids Alternatives TM.
Prepare a slide deck of technical support materials and exhibits for future City Council and partner agency presentations, detailing the BFP Update findings and recommendations. Target a 20-minute length of presentation. Incorporate two cycles of City’s review comments.
Task 2.7 - Biosolids Facility Plan Update
Provide a draft Biosolids Facility Plan Update, compiling the TMs developed in the preceding subtasks. The BFP Update will include an Executive Summary of the findings, conclusions, and recommendations. Conduct a workshop to review and discuss the draft BFP Update with City Staff. Incorporate City’s comments and provide a final BFP Update.
Deliverables:
• Agenda, materials, and minutes for all workshops:
o BFP Kickoff
o Basis of Planning Workshop (covering solids projections and regulatory requirements and trends)
o Biosolids Alternatives Screening Workshop
o Alternatives Evaluation Workshop
o Recommended Alternative(s) Workshop
o BFP Update Review Workshop
• BFP Background and Introduction TM, draft and final versions. • Regulatory Requirements and Trends TM, draft and final versions. • Alternatives Screening and Evaluation TM, draft and final versions and comment log. • Recommended Biosolids Facilities Alternative(s) TM, draft and final versions and comment log.
• Biosolids Facility Plan Update, draft and final versions, and comment log • Recommended Biosolids Facilities Alternative(s) presentation materials for future City Council and partner Agency presentations, two drafts and one final version.
Assumptions:
• Workshops will be attended by up to five Carollo staff and up to three Jacobs staff.
Workshops will be virtual and have a 2-hour duration.
• Cost estimates will be developed consistent with AACE Class 5. • All deliverables will be provided in electronic format.
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Task 3 - Workspace Planning
Task 3.1 – Confirmation of RWQCP’s Workspace Vision, Needs and Constraints Review background information including preliminary design documents, record drawings, LRFP and other available documentation to understand site constraints and initial space and area requirements for Plant staff. Review of the background information will focus on the following:
• Sites for new or leased buildings located off the Plant site that were identified in the RFP. • Existing Administration building.
• Existing Operations Building
Conduct a kickoff meeting and up to two follow-up meetings to confirm and finalize the vision/purpose/uses, the requirements/restrictions for siting the facilities, by Group (up to three meetings total).
CONSULTANT will summarize the updated vision/purpose/uses, space and needs requirements in a TM (Vision, Needs and Constraints TM, draft and final) to define the program requirements for the Plant’s workspaces and related facilities.
Task 3.2 – Workspace Concept Development and Evaluation Develop a series of initial workspace concepts for Plant workgroups, excluding Operations and Maintenance workgroups. Each concept will either be a standalone predefined workspace alternative or a combination of the predefined workspace alternatives. Provide a short narrative describing the concept and planning level capital cost estimates. Conduct a workshop to review the initial concepts with the City, characterize the potential advantages and disadvantages, and screen the series of initial concepts to result in up to three favorable concepts.
Develop the three favorable concepts, as determined by the City, including site layout schematics, schematic building elevations, other graphical representations (e.g., adjacencies), and planning level costs. Conduct a workshop to present the two favorable concepts, refine the associated advantages and disadvantages, and solicit City feedback to select one preferred concept.
Develop a draft Workshop Concept Development and Evaluation TM detailing the initial workshop concept screening, the three favorable concepts, the planning-level project life-cycle costs, key long-lead considerations (e.g., land acquisition, permit requirements) and findings (the preferred concept). Provide a discussion on the possible ways to phase alternatives to incrementally meet the City’s needs over the planning horizon. Collaborate with the City to identify a recommended alternative. Incorporate the City’s comments on the draft TM, workshop, and presentations in the final Workshop Concept Development and Evaluation TM.
Prepare technical support materials and exhibits for City Council and partner agency presentations.
Target a 20-minute length of presentation. Incorporate two cycles of City’s review comments.
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Task 3.3 – Preliminary (10%) Design for Rehabilitation of Existing Buildings Reference record drawings, visit the site, and review available documentation to understand site constraints, existing building layout, and geotechnical conditions for the existing (1) Administration Building and (2) Operations Building.
• Operations Building:
o Develop two layout alternatives drawings to accommodate the Operations Group, SCADA/Control room, SCADA Development Cubicle/Area, and upgraded Server room on second floor, bathroom/change room/mud room and locker room on first floor, and a kitchen/lunchroom.
o In collaboration with the City, select a layout for the 10% design of the rehabilitation.
• Administration Building:
o Develop two layout alternatives to accommodate a multipurpose space that can be utilized as a large meeting/gathering area for all-hands meetings, project pre-bid or pre-proposal conferences, trainings, community outreach meetings, as well as a private office, SCADA Development work area and miscellaneous training and tour sessions.
o Note that the Administration Building will be for common spaces only (no programmed workgroup areas).
o In collaboration with the City, select a layout for the 10% design of the rehabilitation.
• For both buildings, develop a 10% Design Package:
o Develop the design criteria for the building and identify major elements of the rehabilitation required to meet applicable codes (e.g., seismic upgrades, sea level rise adaptation).
o Identify major building support systems requiring upgrades (e.g., HVAC) during buildings’ design life.
o Update the project life cycle costs and project implementation schedule. o Identify any data gaps that will require additional, future investigations. o Develop 10% design drawings.
Conduct a workshop to present the 10% Design Package and solicit City feedback. Incorporate City’s comments from the draft design package and workshop in the final design package.
Deliverables:
• Agenda, materials, and minutes for all workshops and meetings:
o Vision, Needs and Constraints Kickoff Meeting.
o Up to two additional Vision, Needs and Constraints Meetings. o Workspace Concepts Screening Workshop.
o 10% Design Review Workshop.
• Vision, Needs, and Constraints TM, draft and final versions. • Workshop Concept Development and Evaluation TM, draft and final versions and comment log.
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• Workspace Planning presentation materials for future City Council and partner agency presentations, two drafts and one final version.
• 10% Design Package for Operations Building and Administration Building rehabilitations, draft and final versions and comment log.
Assumptions:
• Workshops will be hybrid (in person and virtual) and attended by up to three Jacobs staff (in person) and one Carollo staff (virtually). Workshops will have a 2-hour duration. • All deliverables will be provided in electronic format. • Cost estimates will be developed consistent with AACE Class 5. • New workspace construction should have a minimum design life of 50 years. • Renovated workspaces need to include life-cycle costs to have comparable useful life as new workspace construction.
Task 4 – Background and Baseline Information
Task 4.1 – Wastewater Flow and Load Projections
Collect and summarize up to 5 consecutive years of Plant influent wastewater flows and characteristics. Determine the historical Average Day Dry Weather, Average Day Wet Weather, Maximum Month, and Peak Day Wet Weather flow and load conditions.
Develop population forecasts and expected per capita wastewater flows and loads for each Partner Agency in coordination with Partners’ planning efforts. These forecasts will consider the following information from the Partners:
• urban water management plans
• census data
• ABAG projections
• sewer master plans
• planning department projections
• other population projections formally adopted by each Partner Agency Population forecasts and per capita wastewater flow and load projections will also be informed by a questionnaire developed by the CONSULTANT to determine each Partner Agency’s expected 2075 flow and load projections for City’s review and distribution. CONSULTANT will compile and analyze questionnaire responses, attend up to six (6) City coordinated meetings with each Partner Agency, and compile meeting information.
Based on historical flows and loads, population forecasts, and expected flow and load projections for each Partner Agency, develop Average Day Dry Weather, Average Day Wet Weather, Maximum Month, and Peak Day Wet Weather flows and loads for the year 2075.
Task 4.2 – Recent and Ongoing Plant Improvements
Summarize the major and minor capital improvements completed and underway at the Plant since the 2012 Long Range Facilities Plant. Perform one (1) site visit and meet with Plant staff to verify DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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equipment rating of critical equipment, as needed. CONSULTANT shall not rely solely on record information. Based on record information and site verification of critical equipment rating, CONSULTANT will summarize the design criteria of the current and planned facilities, to be used in Task 4.3.
Task 4.3 – Process Modeling, Capacity Assessment, and Solids Projections The City will provide the EnviroSim Associates BioWin process model to the CONSULTANT to use. The process model was developed by Brown & Caldwell after completion of the Secondary Treatment Upgrade project design. The CONSULTANT will use the wastewater flow and load projections developed in Task 4.1 and the design criteria for recent and ongoing plant improvements developed in Task 4.2 to update the process model, as needed.
CONSULTANT will use the model to develop primary sludge and waste activated sludge (WAS) loading projections for the 30-year planning horizon to be used in Task 2 (Biosolids Facility Plan Update). These primary sludge and WAS load projections will be based on the Plant’s planned treatment process.
CONSULTANT will conduct a capacity assessment of existing Plant processes based on the 2075 projections developed in Task 4.1 and the design criteria determined in Task 4.2. CONSULTANT will compile a matrix of all major treatment processes and their capacities. Based on the capacity assessment, CONSULTANT will identify capacity limitations and capacity-driven expansion needs over the next 50 years. CONSULTANT will allocate capacities by Partner Agency allocation, according to the information tabulated in Task 7.2 and compare allocated Partner capacities with future projections to identify exceedances.
The updated BioWin simulator inputs and results will be shared with the City for future use.
Task 4.4 – Regulatory, Environmental and Community Constraints Review Plant’s current NPDES permit. Conduct a workshop with the Plant’s Regulatory Group staff to discuss current and potential future regulatory requirements. This task will include the following topics:
• Current and Potential Future Regulatory Requirements
o Monitoring and Effluent Water Quality
o Air Emissions Quality (except for potential future biosolids processes, which will be covered in Task 2.3)
o Environmental Compliance Laboratory TNI Requirements
o Pretreatment
• Community Goals and Concerns
• Regional Trends, Studies, and Opportunities
• Emerging Contaminants of Concern (specifically, ones that could require a project or change in Plant operations during the planning horizon) Task 4.5 - Development of Evaluation Criteria and Methodology Develop the criteria for the evaluation of existing infrastructure and potential improvements. The evaluation criteria and methodology used in the 2012 LRFP will be used as a starting point for this DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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LRFP Update; CONSULTANT will review and modify as needed, with input from the City.
Evaluation criteria may include:
• Planning-level capital, operational, and maintenance cost (including life cycle costs) • Estimated staffing requirements/costs
• Redundancy, reliability, and longevity
• Ease of operation and safety
• Ease of maintenance
• Modifiable – to increase capacity, link with a process change, etc. • Environmental considerations: e.g., release of nitrogen to the bay, etc. • Carbon footprint minimization, especially through in-plant energy use reduction and energy recovery
• Impacts on adjacent land uses (e.g., visual, odors, height, noise, traffic, etc.) • Treatment capacity and physical size, layout, footprint, and elevation impacts • Performance and usage history
• Risk Factor (determined by Risk of Failure and Consequence of Failure) • Constructability
Recommend a weighting/prioritization of criteria, or an alternative evaluation methodology. City to approve of final methodology.
Draft a Basis of Planning TM summarizing the findings from Tasks 4.1 to 4.5 for the City’s review and comment. Incorporate City’s comments in the final Basis of Planning TM.
Deliverables:
• Partner Agency’s flow and load questionnaire, draft and final versions. • Agenda, materials, and minutes for all workshops/ meetings:
o Flow and Load Projections, Recent Plant Improvements, and Regulatory and Community Constraints Workshop.
o Evaluation Criteria and Methodology Workshop.
o Capacity Limitations and Recommended Projects Workshop. • Basis of Planning TM, draft and final versions.
Assumptions:
• The site visit to confirm capacity information will be attended by up to three Carollo staff. • Workshops will be attended by up to four Carollo staff. Workshops will be virtual and have a 2-hour duration.
• All deliverables will be provided in electronic format.
Task 5 – Existing Plant Infrastructure and Process Assessment Task 5.1 – Desktop Analysis
Perform a desktop analysis of existing Plant infrastructure and assess the current processes (listed below). Use industry guidelines, project team experience, and City staff input to establish expected useful life estimates by classification. Install date and equipment and asset size/capacity information to be provided by the City to support the desktop calculation. Where data is lacking DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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or insufficient, approximate install date from record drawings for original construction and from upgrade/expansion projects. Note the age, capacity, and estimated remaining useful life of the subject infrastructure in a TM. Identify data gaps in the desktop analysis, make recommendations for infrastructure in need of field condition assessment (investigations), and prepare a draft Field Investigations Plan.
• Onsite Infrastructure
o Dual Media Filters
o Secondary Clarifiers
o Yard Piping
o Recycled Water Facilities
o W4 (Plant Water) Pumps and Power Distribution
o Electrical Facilities
o Hazardous Material Storage Facility
o Compressed Air System (compressors and lines)
o Gravity Thickeners
o Equipment Room
o Warehouse
o Chlorine Building
• Offsite Infrastructure
o Adobe Creek saltmarsh pump
o Golf course recycled water pipeline and pump station
o Joint Intercepting Sewer (60” / 72” diameter)
Pipeline Analyses
Metering Station
Approximately 2,364 feet out of 9,000 linear feet of the joint intercepting sewer closest to the Plant will be rehabilitated (via CIPP) in summer 2024. Future rehabilitation of the remaining and upstream portions of the Joint Intercepting Sewer.
Flow Meters
Conduct a workshop with Plant staff to review the draft Desktop Analysis TM and the draft Field Investigations Plan and to coordinate investigations with Operators. Incorporate the City’s comments from the workshop and the draft Field Investigations Plan in the final Desktop Analysis TM and Field Investigation Plan.
Task 5.2 – Sea Level Rise and 100-Year Flood Adaptation The CONSULTANT will review the following reference documents to identify paths forward to improve plant’s resiliency against sea level rise and 100-year flood events:
• City of Palo Alto Sea Level Rise Adaptation Policy (March 2019)5 5 City of Palo Alto. 2019. Sea Level Rise Adapta�on.
htps://www.cityofpaloalto.org/files/assets/public/v/1/sustainability/sea-level-rise/slr-adapta�onpolicy_web.pdf?t=71340.78 DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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• City of Palo Alto Sea Level Rise Vulnerability Assessment (June 2022)6 • The Plant’s LiDAR topography.
Based on the references, the Consultant will identify the projected flood elevation in the short‐ term (2030), mid‐term (2050), and long‐term (2100). The consultant will identify key sea level rise and flood criteria, including sea level rise elevation, flood depth, and inundation duration with City staff. The Consultant will interview staff and analyze previous Plant CIP projects to understand the current timeline of equipment replacement and the cost premium of raising assets as they reach the end of their useful life, as well as the potential long-term impacts to site access under this strategy.
The CONSULTANT will develop at least three alternatives for adaptation of the RWQCP over the planning horizon. Adaptation strategies included in these alternatives shall consider the feasibility, economic impacts, and environmental consequences of various mitigations that may include both natural and engineered adaptation alternatives and/or operational changes, including raising the foundation of critical equipment as they reach the end of their useful life; installing flood doors for existing building; and/or constructing a perimeter flood wall. The Project study area shall focus on City-owned infrastructure located within the boundaries of the RWQCP but shall also consider site access routes under future conditions. The CONSULTANT will collaborate with City staff through workshop(s) to review and finalize the measures to be included in each alternative.
Based on the final alternative concepts, the CONSULTANT will then develop a cost estimate and qualitative cost‐benefit analysis of each potential alternative, highlighting the recommended alternative, based on long-term costs of implementation, assuming no outside funding. The CONSULTANT will develop a reasonable implementation schedule for each alternative. Develop a 50-year timeline for each alternative, indicating the percentage of the Plant’s assets that would be protected each year, based on the projected flood elevations. Assume that no regional solutions (regional levee) are implemented during the subject period. For all alternatives:
• Estimate the conditions and assumptions that would be required to operate the Plant during an inundation event (if operation is possible).
• Estimate the impact inundation would have on the Plant’s ability to receive, treat, and properly discharge the Plant influent.
• Estimate the extent of damage, including cost impact, to City’s asset for baseline condition (do nothing) and for each alternative.
• Estimate the requirements to bring the Plant back to fully operational following an inundation event.
• Estimate the cost to implement each alternative using a present worth analysis.
Facilitate a workshop to present the analysis to City staff. Based on the results of the workshop, the CONSULTANT will prepare a Climate Adaptation Plan TM. The TM will summarize the recommended climate adaptation requirements, detail the potential alternatives for meeting the Plant’s requirements, and include graphics/figures for each alternative, including mapping of projected inundation areas at the planning horizons and the alignment and elevation of any 6 City of Palo Alto. 2022. Sea Level Rise Vulnerability Assessment. htps://www.cityofpaloalto.org/files/assets/public/v/1/public-works/environmental-compliance/sea-levelrise/palo-alto-sea-level-rise-vulnerability-assessment-june-2022-062822-linked-final.pdf DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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protective measures considered. Provide the City staff two drafts for comments. For each draft log and respond to comments. Prepare a final TM.
Task 5.3 – Field Investigations
Following the City’s explicit approval, execute the Field Investigations Plan. Coordinate, oversee, manage, and provide the services required to assess the condition and capacity of existing infrastructure. Based on the findings from the desktop analysis (Task 5.1) and the field investigation results, develop a list of recommended improvements to be implemented over the next 50 years.
Submit a draft TM describing the field investigation methods, findings, and recommended improvements from the field investigation results. Conduct a workshop with Plant staff to review the findings from the field investigations and associated recommended improvements. Incorporate the City’s comments from the workshop and the draft Field Investigation Findings TM in the final Field Investigation Findings TM.
Deliverables:
• Agenda, materials, and minutes for all workshops:
o Sea Level Rise and Flood Criteria Workshop
o Climate Adaptation Alternatives Screening Workshop
o Climate Adaptation Alternatives Evaluation and Recommended Alternative(s) Workshop
o Desktop Analysis Findings and Field Investigations Plan Workshop. o Field Investigations Plan Findings and Recommended Improvements Workshop. • Climate Adaptation Plan TM, two drafts and final versions. • Desktop Analysis TM, draft and final versions.
• Field Investigations Plan, draft and final versions.
• Field Investigation Findings TM, draft and final versions and comment log.
Assumptions:
• Field investigations will be performed by up to five Carollo staff and up to five Jacobs staff.
• Workshops will be attended by up to five Carollo staff and up to three Jacobs staff.
Workshops will be virtual and have a 2-hour duration.
• All deliverables will be provided in electronic format.
Task 6 – Identification, Evaluation, and Recommendation of Alternatives/Improvements Task 6.1 – Draft Recommended Improvements
Compile the recommended improvements from Tasks 2, 3, 4, and 5 into a comprehensive draft list of foreseeable capital improvement projects to be implemented over the next 50 years. For reference, below is an initial list of anticipated projects. Additional projects shall be identified by the CONSULTANT based on their findings from Tasks 2, 3, 4, and 5. • Secondary Process
DocuSign Envelope ID: 8CDC1BA0-AAD8-4FD6-832D-8F512908E4CE Item 6
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