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ATTACHMENT A
ACTION NO. ------2024
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO’S LAND USE ACTION (1) RECEIVING THE RECOMMENDATION OF THE HISTORIC RESOURCES BOARD AND (2) PLACING FIVE
ADDITIONAL PROPERTIES ON THE LOCAL HISTORIC RESOURCES INVENTORY WHOSE OWNERS
POSITIVELY AFFIRMED INVENTORY PLACEMENT
On August 19, 2024, the Council reviewed the recommendations of the Historic Resources Board and staff regarding the placement of properties previously deemed eligible for listing on the National Register of Historic Places and California Register of Historical Resources, and approved the placement of the properties, for which no objections were received from the property owners, on City’s Historic Resources Inventory, making the following findings, determination, and declarations:
SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows:
A. In 2022, the City Council directed the City to obtain consultant assistance (ID # 14189) and the City’s consultant, Page and Turnbull, conducted the 2023 Historic Reconnaissance Survey, finding 147 properties still extant with integrity and eligible for listing on the local historic resources inventory.
B. The Historic Resources Board (HRB) conducted four public hearings to consider the eligible properties identified in the survey, on November 9 and December 14, 2023, and January 11 and January 25, 2024; the HRB received the staff reports and conducted public hearings where public comments were provided, and staff and the HRB received many property owners’ written and oral objections regarding the recommendations.
C. Staff held many conversations with property owners, but most owners objected without having conversations or attending the hearings. During and after the HRB hearings, staff tallied the properties for which no objections had been received.
D. On April 22, 2024 Council placed 16 properties on the local Historic Resources Inventory properties, as the owners positively affirmed the listing previously, and directed staff to return after the Council break on Consent Calendar with any additional properties whose owners affirmed listing.
E. The City of Palo Alto Comprehensive Plan Program L7.1.1 states: “Update and maintain the City’s Historic Resource Inventory to include historic resources that are eligible for local, State, or federal listing. Historic resources may consist of a single building or structure or a district.”
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F. The City of Palo Alto Comprehensive Plan Program L-7.2 states: Policy L-7.2 states “If a proposed project would substantially affect the exterior of a potential historic resource that has not been evaluated for inclusion into the City’s Historic Resources Inventory, City staff shall consider whether it is eligible for inclusion in State or federal registers prior to the issuance of a demolition or alterations permit. Minor exterior improvements that do not affect the architectural integrity of potentially historic buildings shall be exempt from consideration. Examples of minor improvements may include repair or replacement of features in kind, or other changes that do not alter character-defining features of the building.”
G. The City of Palo Alto is a Certified Local Government with the obligation to maintain a system for the survey and inventory of local historic resources; the City of Palo Alto has conducted three surveys and also prepares individual historic resource evaluations on a case-by-case basis (when demolition is proposed or in response to property owner request) to determine whether these are historic resources subject to the California Environmental Quality Act.
SECTION 2. Environmental Review. Maintenance of the historic designation of properties or reclassification of a historic designation of a property is not a project under the California Environmental Quality Act (CEQA) and CEQA Guidelines per Section 21065.
SECTION 3. Designation Findings.
A. The following criteria, as specified in Municipal Code Section 16.49.040 (b), have been used as criteria for designating historic structures/sites to the historic inventory:
(1) The structure or site is identified with the lives of historic people or with important events in the city, state or nation;
(2) The structure or site is particularly representative of an architectural style or way of life important to the city, state or nation;
(3) The structure or site is an example of a type of building which was once common, but is now rare;
(4) The structure or site is connected with a business or use which was once common, but is now rare;
(5) The architect or building was important;
(6) The structure or site contains elements demonstrating outstanding attention to architectural design, detail, materials or craftsmanship.
B. Municipal Code Section 16.49.020 (b) provides definitions for the local historic resources inventory categories:
Category 1: "Exceptional building" means any building or group of buildings of preeminent national or state importance, meritorious work of the best architects or an outstanding example of the stylistic development of architecture in the United States. An exceptional Item 6
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building has had either no exterior modifications or such minor ones that the overall appearance of the building is in its original character.
Category 2: "Major building" means any building or group of buildings of major regional importance, meritorious works of the best architects or an outstanding example of an architectural style or the stylistic development of architecture in the state or region. A major building may have some exterior modifications, but the original character is retained.
Category 3 or 4: "Contributing building" means any building or group of buildings which are good local examples of architectural styles and which relate to the character of a neighborhood grouping in scale, materials, proportion or other factors. A contributing building may have had extensive or permanent changes made to the original design, such as inappropriate additions, extensive removal of architectural details, or wooden facades resurfaced in asbestos or stucco.
C.Designation of historic structures/sites is covered under section 16.49.040 of Chapter
16.49: Procedure for Designation of Historic Structures/Sites or Districts. Any individual or group may propose designation as a historic structure/site or district. Such proposals shall be reviewed by the historic resources board, which will make its recommendation to the council. Designation of a historic structure/site or district must be approved by the city council. The procedure for such designation is as follows:
(a) The historic resources board shall recommend to the city council approval, disapproval or modification of an application for designation.
(b) The city council may approve, disapprove or modify a recommendation for designation and, in any case where an application for a planning or building permit is pending concurrently with the proposal for designation, such decision shall be made within thirty days of the recommendation, if any, of the historic resources board. (c) After approval of the designation of a structure/site or district, the city clerk shall send to the owners of the property so designated, by mail, a letter outlining the basis for such designation and the regulations which result from such designation. Notice of this designation shall also be filed in the building department and the department of planning and development services files.
SECTION 5. Placement on Local Historic Resources Inventory Approved. The City Council approves the placement of the following properties whose owners have affirmed acceptance with placement on the City’s Historic Resources Inventory:
1. 211 Quarry Road as a Category 1 resource, under local Criteria 1, 2 and 5
2. 825 Kipling Street as a Category 2 resource, under local Criteria 2 and 6
3. 1215 Emerson Street as a Category 2 resource, under local Criterion 1
4. 904 Bryant Street as a Category 2 resource, under local Criteria 2 and 3
5. 751 Channing Avenue as a Category 2 resource, under local Criterion 2 PASSED:
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AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Director of Planning and
Development Services
APPROVED AS TO FORM:
___________________________
Senior Asst. City Attorney
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: August 19, 2024
Report #:2407-3202
TITLE
Approval of a Lease Amendment Between Palo Alto Players and the City of Palo Alto for the Premises at the Lucie Stern Community Center Located at 1305 Middlefield Road for an Approximate 36-month Term, at a starting Base Rent of $1,540.75 per Month and Increasing 3% Annually; CEQA Status – Not a Project
RECOMMENDATION
Staff recommends that Council authorize the City Manager or their designee to execute the Third Amendment to Lease contained in Attachment A, between City of Palo Alto and Palo Alto Players Peninsula Center Stage for the continued use of office space at the Lucie Stern Community Center located at 1305 Middlefield Road. The term will commence on September 1, 2024 through August 31, 2027. The initial base rent will be $1,540.75 per month and increase 3% annually starting on September 1, 2025.
BACKGROUND
Palo Alto Players is the longest running theatre company in Silicon Valley, producing diverse programming that highlights local talent and tells stories of resonance for the local community since 1931. Their mission is to be the home for creating exceptional theatre experiences that inspire, entertain, and enrich the lives of local artists & audiences. The Palo Alto Players present musicals and plays from reimagined classics to newly released Broadway titles and are embedded in the community through schools, volunteer opportunities, and partnerships with local nonprofits—engaging over 14,000 audience members, 200 local artists, and 250 volunteers each year.
Palo Alto Players’ annual budget for staffing, general operations, and direct production costs for its season at the Lucie Stern Theater is approximately $1.0 million. An estimated 60% of each annual budget is earned in ticket sales and other earned income, 35% is contributed from donations and grants, and the remaining 5% is derived from investment earnings. In addition, per the agreement between the City of Palo Alto and Palo Alto Players, all tickets sold are Item 7
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assessed an additional “facility usage fee” of $4 per ticket ($2 is earmarked for capital improvements for the Stern Theater). These fees are collected and remitted to the City of Palo Alto following each production.
ANALYSIS
The Palo Alto Players currently occupy approximately 500 square feet of office space at the City-owned Lucie Stern Community Center, located at 1305 Middlefield Road, under the Second Amendment that was approved by the City Council on August 23, 2021.1 The current lease term expires on August 31, 2024. City Staff recommends a third amendment to the lease to extend the agreement to August 31, 2027 at a starting base rent of $1,540.75 per month with annual 3% increases starting on September 1, 2025. The rent increased 2.5% annually in the original lease and first amendment. It changed to 3% annually with the second amendment. The extension will provide Palo Alto Players with continued use of the office space to manage, administer, and support the theater programs at the Lucie Stern Theater.
The Third Amendment to Lease will extend the term of the agreement through August 31, 2027 and modify the rent as shown in the table below. All other terms will remain the same.
Table # 1: Rent
PERIOD MONTHLY RENT
9/1/2024 – 8/31/2025 $1,541
9/1/2025 – 8/31/2026 $1,587
9/1/2026 – 8/31/2027 $1,635
This recommendation is consistent with the City Council 2024 Priority of Community Health, Safety, Wellness & Belonging by supporting the cultural program in the City of Palo Alto to enrich the lives of residents in the local communities.
FISCAL/RESOURCE IMPACT
The current base rent is $1,495.87 per month. Upon commencement of the Third Amendment, the base monthly rent will be increased by 3% to $1,540.75. The base rent of the Third Amendment will continue to increase 3% annually, with the first increase starting on September 1, 2025. This initial base rent is approximately $3.08 per square foot per month.
For reference, the overall average asking rent for all office space classes in Palo Alto as of Q2 2024 is $8.36 according to Cushman & Wakefield, and current rent rates at the City’s space in Cubberley ranges from $0.36 to $4.45 per square foot per month. 1 City Council, August 23, 2021, Item # 5:
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If approved, annual rent receipts in this lease are in line with projected rental earnings included as part of the FY 2025 Adopted Budget. If not approved, and the space is not otherwise rented out to another service provider, the City would fall below FY 2025 revenue estimates by approximately $19,000.
STAKEHOLDER ENGAGEMENT
The Community Services Department has been in discussions with the Palo Alto Players regarding their proposal to extend the lease. While higher revenue generating programs could be explored for the space, the Palo Alto Players continue to be an excellent tenant and providing them the stability of an office space is vital to their economic stability for the continued community programming they provide.
ENVIRONMENTAL REVIEW
Approval of the lease for City owned office space is exempt from the requirements of the California Environmental Quality Act.
ATTACHMENTS
Attachment A: Third Amendment to Lease Palo Alto Players APPROVED BY:
Lauren Lai, Administrative Services Director
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THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE (this “Third Amendment”) is made and entered into as of _________________, by and between City of Palo Alto, a California municipal corporation (“City”), and PALO ALTO PLAYERS-PENINSULA CENTER STAGE, a 501(c)(3) non-profit corporation (“Lessee”).
RECITALS
A. City and Lessee are parties to that certain Lease, dated July 1, 2015, as amended by that certain Amendment Number One to Lease Agreement, dated July 1, 2018, and that certain Second Amendment to Lease, dated August 25, 2021 (collectively, the “Lease”).
B. Pursuant to the Lease, City has leased to Lessee an office suite containing approximately 500 square feet (the “Premises”) at the Lucie Stern Community Center located at 1305 Middlefield Road, Palo Alto, California (the “Property”).
C. The Lease is scheduled to expire on August 31, 2024 (“Scheduled Termination Date”).
D. The parties desire to extend the Lease Term, all on the following terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Lessee agree as follows:
1. Extension. The Lease Term is hereby extended to and shall expire on August 31, 2027 (“Extended Termination Date”), unless sooner terminated in accordance with the terms of the Lease. That portion of the Lease Term commencing on September 1, 2024 (“Extension Date”) and ending on the Extended Termination Date shall be referred to herein as the “Extended Term”. Lessee shall have no right to extend the Extended Term of the Third Amendment.
2. Base Monthly Rent. As of the Extension Date, the schedule of Base Monthly Rent payable with respect to the Premises during the Extended Term is the following:
Period Base Monthly Rent
9/1/2024 – 8/31/2025 $1,540.75
9/1/2025 – 8/31/2026 $1,586.97
9/1/2026 – 8/31/2027 $1,634.58
All such Base Monthly Rent shall be payable by Tenant in accordance with the terms of the Lease, as amended hereby.
3. Miscellaneous.
3.1 This Third Amendment sets forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written Item 7
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representations or agreements.
3.2 Except as herein modified or amended, the provisions, conditions and terms of the Lease shall remain unchanged and in full force and effect. In the case of any inconsistency between the provisions of the Lease and this Third Amendment, the provisions of this Third Amendment shall govern and control. The capitalized terms used in this Third Amendment shall have the same definitions as set forth in the Lease to the extent that such capitalized terms are defined therein and not redefined in this Third Amendment.
3.3 Submission of this Third Amendment by City is not an offer to enter into this Third Amendment but rather is a solicitation for such an offer by Lessee. City shall not be bound by this Third Amendment until City has executed and delivered the same to Lessee.
3.4 Lessee hereby represents to City that Lessee has dealt with no broker in connection with this Third Amendment. Lessee agrees to indemnify and hold City harmless from all claims of any other brokers claiming to have represented Lessee in connection with this Third Amendment.
3.5 Each signatory of this Third Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting.
3.6 The Premises have undergone an inspection by a Certified Access Specialist (CASp), and it was determined that the Premises did not meet all applicable construction-related accessibility standards pursuant to California Civil Code §55.51 et seq. To the best of City’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and date of this Third Amendment which have impacted the Premises’ compliance with construction-related accessibility standards. City has provided a copy of such CASp report to Lessee.
Because a disability access inspection certificate, as described in subdivision (e) of Section 55.53 of the California Civil Code, was not issued for the Premises, Lessee is advised of the following (pursuant to Section 1938 of the California Civil Code):
“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”
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have a CASp further inspect the Premises. If Lessee elects to obtain a CASp inspection, Lessee shall be responsible for the payment thereof. Additionally, if Lessee elects to make any repairs necessary to correct violations of construction-related accessibility standards, Lessee may do so, at its sole cost and expense.
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IN WITNESS WHEREOF, City and Lessee have entered into and executed this Third Amendment as of the date first written above.
CITY:
CITY OF PALO ALTO,
a California municipal corporation
By: ______________________________
Name: ____________________________
Title: _____________________________
Dated: ____________________________
Approved as to form:
By: ______________________________
Name: ____________________________
Title: _____________________________
Dated: ____________________________
LESSEE:
PALO ALTO PLAYERS-PENINSULA CENTER STAGE,
a 501(c)(3) non-profit corporation
By: ______________________________
Name: ____________________________
Title: _____________________________
Dated: ____________________________
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: August 19, 2024
Report #:2407-3263
TITLE
Approval of FY 2025 Stormwater Management Oversight Committee and Utilities Advisory Commission Workplans
RECOMMENDATION
Stormwater Management Oversight Committee and Utilities Advisory Commission recommend Council review and approve of each Commission’s respective Fiscal Year 2025 Workplan.
BACKGROUND
On November 30, 2020, the City Council adopted the Boards, Commissions and Committees (BCC) Handbook1, which implemented an annual review and approval of BCC workplans.
Each BCC is required to prepare an annual workplan for Council’s review and approval. The annual report should include the results of the prior year’s workplan and should consist of up to three priorities. When applicable, the City Council would like to see metrics of community involvement and participation in meetings and activities included in the workplan.
Council may refer additional items to the BCC in response to new developments. If the BCC would like to add an issue for review after an annual workplan has been approved the City Council, a prompt request by the BCC Chair to the City Council is required and the item will then be addressed by the City Council as a whole.
BCC workplans for FY 2025 will be presented to Council batched by issue area. At this meeting, Council will review workplans for the infrastructure-related BCCs (Stormwater Management Oversight Committee and Utilities Advisory Commission). Council will review the workplans for the Community Services Division-related BCCs (Human Relations Commission, Parks and Recreation Commission, and Public Art Commission) and Planning and Development-related 1 City Boards, Commissions, and Committees Handbook:
https://www.cityofpaloalto.org/files/assets/public/v/2/city-clerk/palo-alto-boards-commissions-and-committees- handbook_final_2022.pdf
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BCCs (Architectural Review Board, Historic Resources Board, and Planning and Transportation Commission) at a subsequent meeting.
FISCAL/RESOURCE IMPACT
Projects included in commission workplans ultimately require staff time and other City resources to complete. When possible, staff provide input to the commissions during workplan development to ensure the impact on staff time and resources is reasonable given staff workload and other competing priorities.
STAKEHOLDER ENGAGEMENT
Commission workplans are discussed publicly either in regular commission meetings or commission retreats.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because this is a continuing administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: FY 2025 Stormwater Management Oversight Committee Workplan Attachment B: FY 2025 Utilities Advisory Commission Workplan APPROVED BY:
Mahealani Ah Yun, City Clerk
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3/14/2024
Prior Year Accomplishments The Stormwater Oversight Committee reviews the budget and status of capital projects and that they are in line with the ballot initiative.
Board/Commission Name
Staff Liaison: Karin North, Assistant Director
Lead Department: Public Works
About the Commission
The Stormwater Oversight Committee's workplan is included for FY 25; the current Chair is Hal Mickelson and the Vice Chair is Dena Mossar; the committee members include David Bower, Marilyn Keller, Catherine Perman, Ron Owes, and Bob Wenzlau. The terms for David Bower, Marilyn Keller, Catherine Perman and Ron Owes end on May 31, 2024. The Commission was established by Resolution 8573 and amended by Resolution 9677 and is composed of 7 members, who serve terms of 4 years. Each Committee member shall be a resident, employee, or property owner within the City of Palo Alto. For more information about The Stormwater Oversight Committee please visit our webpage, go to https://www.cityofpaloalto.org/City-Hall/Boards-Commissions/Storm-Water-Management-Oversight-Committee. 2025-2026 Workplan Overview
Mission Statement The Stormwater Oversight Committee reviews the projects, programs and expenditures that are funded by the Stormater Management Fees including proposed stormwater management capital improvement and confirms their conformity to the 2017 ballot measure.
Current Commissioners
Please list the names of the members that were appointed at the time this workplan was created:
• Hal Mickelson (Chair)
• Dena Mossar (Vice Chair)
• David Bower (termed out 2024), Marilyn Keller (termed out 2024), Catherine Perman, Ron Owes (term expires 2024), and Bob Wenzlau Date approved by Stormwater Oversight Committee
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TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Workplan over the next 2 years Need contractor support to install the upgraded pipeline and pump stations
Reduction in the amount of ponding and
flooding in the future; confirm that
expenditures are in conformity
provisions of ballot measure.
YES
COUNCIL-DIRECTED
POLICY UPDATE
Track and monitor 2017 Ballot Measure, which covers 13 Capital Projects. This workplan focuses on 3 projects and 3 completed project (SD 19000, Loma Verde; SD 22000, East Meadow Drive; SD 26000; East Meadow Circle).
Staff Liaison: Karin North, Assistant Director
Lead Department: Public Works
PURPOSE STATEMENT:
The Stormwater Oversight Committee reviews the projects, programs and expenditures that are funded by the Stormater Management Fees including proposed stormwater management capital improvement and confirms their conformity to the 2017 ballot measure. The Stormwater Oversight Committee's goals and purposes are to provide fiscal oversight for the projects funded by the 2017 ballot measure.
HIGH PRIORITY
Reduce ponding and flooding
LOWER PRIORITY
Stormwater Oversight Committee
PROJECT/GOAL 1 :
BENEFICIAL IMPACTS
2025-2026 Workplan
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No
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
5-year Municipal Regional Stormwater
Permit effective July 1, 2022.
Utilize staff and consultant support to meet
requirements listed in the stormwater
permit.
City is in compliance with stormwater
permit; reduction of trash and an
increase of installation of GSI features
throughout the City
Yes
COUNCIL-DIRECTED
POLICY UPDATE
N/A
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
HIGH PRIORITY LOWER PRIORITY
Leverage the work to improve water quality entering the Bay.
PROJECT/GOAL 3:
BENEFICIAL IMPACTS
High priority to complete the upgrades listed in the Stormwater Fee which will reduce the amount of flooding and ponding of stormwater; track and monitor contruction progress on corporation way system upgrades and pump station (SD-21000) Regulatory compliance in alignment with the
City's policy on sustainablity
High priority for the City to stay in compliance with State mandates on stormwater compliance, which benefits the environment.
Track and monitor implementation of Green Stormwater Infrastructure (GSI) Plan.
BENEFICIAL IMPACTS
Environmental protection and sustainability including regulatory and compliance goals.
Track and monitor construction progress on W Bayshore Road Pump Station (SD- 20000). Track and monitor construction
progress on W Bayshore Road Trunk Line Improvements (SD- 23000).
PROJECT/GOAL 2:
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Ongoing Leverage money allocated for GSI through
the Stormwater Management Fund
Increased acreage of watershed treated
through GSI Yes
COUNCIL-DIRECTED
POLICY UPDATE
N/A
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
FY24-FY25
Project lead by Utilities Staff; resources
shared throughout the City; the Stormwater
Management Fund will contribute
resources for this project
Receive Updates N/A
COUNCIL-DIRECTED
POLICY UPDATE
Yes
BENEFICIAL IMPACTS
PROJECT/GOAL 4: Review One Water Plan
One water plan will analyze using the right
water for the correct purpose and how to
leverage existing water supplies
HIGH PRIORITY LOWER PRIORITY
The City should analyze all water resources within the City. Implementation of the One Water Plan will be the next step in the process.
Improved water quality and environmental
enhancement
HIGH PRIORITY LOWER PRIORITY
1. Finalize and implement GSI Design Guidance and Specifications for City projects.
2. Establish new design process and start implementing designs for City projects.
3. Implement EPA-funded GSI project.
4. Finalize the GSI Maintenance and Monitoring Manual
Review and identify a tool to measure impervious surface throughout City.
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Utilities Advisory Commission
2024-2025 Workplan
Staff Liaison: Dean Batchelor, Director of Utilities
Lead Department: Utilities
About the Commission
The Utilities Advisory Commission (UAC) is charged with providing advice on long range planning and policy matters, acquisition, development, and financial review of electric, gas and water resources; joint action projects with other public or private entities which involve electric, gas or water resources; environmental implications of proposed electric, gas or water utility projects; and conservation and demand management. Additionally, the UAC is charged with providing advice on the acquisition, development and financial review of the dark fiber network and wastewater collection utilities. As a highly regulated industry, there may be matters not listed below th at will be presented to the UAC in accordance with current or future (local, state, or federal) legislative requirements.
The Commission is composed of 7 members.
Terms are for 3 years and commence on the first meeting in April .
See Palo Alto Municipal Code (PAMC) Sections 2.23.010 (Membership), 2.23.030 (Term of Office), 2.23.040 (Officers),
2.23.050 (Purpose and Duties), and 2.23.060 (Meetings) .
Current Commissioners
• Greg Scharff (Chair)
• Meagan Mauter (Vice Chair)
• Phil Metz
• Rachael Croft
• Robert Phillips
• Vacant
• Vacant
Mission Statement
The purpose of the Utilities Advisory Commission shall be to advise the C ity Council on present and prospective long-range planning , policy. major program , and project matters relating to the electric, gas, water, wastewater collection, fiber optics utilit ies, and recycled water matters, excluding daily operations.
The Utilities Advisory Commission shall have the following duties:
• Advise the City Council on long-range planning and policy matters pertaining to:
Joint action projects with other public or private entities which involve, affect or impact the utilities; Environmental aspects and attributes of the utilities ; Water and energy conservation, energy efficiency, and demand side management; and Recycled water matters not otherwise addressed in the preceding subparagraphs; Item 8
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• Review and make recommendations to the City Council on the consistency with adopted and approved plans, policies, and programs of any major utilities;
• Formulate and review legislative proposals regarding the utilities, to which the city is a party, in which the city has an interest, or by which the city may be affected;
• Review the utilities capital improvement programs, operating budgets and related reserves, rates, and the recycled water program, budget, rate, and thereafter forward any comments and recommendations to the finance committee or its successor;
• Provide advice upon such other matters as the City Council may from time to time assign.
The Utilities Advisory Commission shall not have the power or authority to cause the expenditure of city funds or to bind the city to any written, oral, or implied contract.
The Utilities Advisory Commission may, subject to its C ity Council-approved bylaws and at the discretion of the C ity Council, foster and facilitate engagement with the general public, not excluding representatives of commerce and industry, in regard to the utility matters referred to in subsections above.
Prior Year
Accomplishments
Heat Pump Water Heater (HPWH) Pilot:
-687 customers have been signed up to participate
-200 customers have had completed installs
Advanced Meter Infrastructure (AMI)
-6,946 gas customers have had completed installs
-6,138 water customers have had completed installs
-5,766 electric customers have had completed installs
CA Renewable Energy Credits (REC's)
-Approved by Council on 12/12/2022 to continue t he program and return to the UAC and Council in 2025
Fiber-to-the-Premises (FTTP)
-Began coordinating grid mod project with FTTP
-Identified and began addressing key challenges
-Pilot to align grid mod project with FTTP
-CEQA Initial Study for FTTP
Electric Grid Modernization (Grid Mod)
An electric engineering study was completed identifying upgrades needed throughout the electric distribution system, this entails upgrading line transformer capacity, feeder capacity, increasing the number of switches and connections on the system between feeders and substations, and upgrading substation equipment.
Construction on the first modernization project is starting in Q2 2024 in a 1200-home neighborhood pilot area bounded by Louis, Amarillo, 101, and Embarcadero. The modernization projects will be coordinated with fiber to the premise construction.
To capitalize on synergies between GridMod and FTTP, a Pilot area combining both GridMod and FTTP project was identified, and the joint project boundary has been fixed. The GridMod design was contracted with consultant Entrust, and the design and engineering work for Phases 1-7 has been completed. Engineering staff is preparing construction documents which will be released to Operations for construction in the pilot area starting in May 2024. Equipment procurement is currently underway, with poles anticipated to be received by 04/30/2024, aerial secondary wire by 04/30/2024, and transformers expected by 06/30/2024. The target completion date for the Pilot is 12/30/2024.
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Sewer System Replacement 31 (SSR31)
-Conducted successful outreach meeting with Barron Square HOA residents who have been impacted by the activity at the project’s laydown yard. The on-going communication has been effective to keep the Barron Square residents informed. -The portion of the work requiring 2-lane closure on El Camino Real was performed at night. No more nighttime work is anticipated on this project, unless unexpected condition dictates. -Continue with daytime work. The remaining work will be performed on El Camino Real between Fernando and Sheridan and on Page Mill Road between El Camino Real and Ramons Way. -Project is currently on track to be completed in May 2024, before Caltrans and County of Santa Clara’s paving projects start.
Water main replacements
9,893 Feet of water main replaced
252 services replaced
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STANDING TOPIC 1:
Annual Budget - Rate changes to Water, Gas, Electric, Wastewater collection, and Fiber services.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
The community will have a better
understanding of the rates and why they
are being charged.
Rates are reviewed annually and each rate
change is determined by the COSA reports.
UAC review is in March, FCM review is in
April and CCM approval is in June
Staff time, Legal team review time,
Consultant time to create the COSA report.
Council approval of budget N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Rates are always a high priority. The change has an impact on the community and economy. N/A N/A
STANDING TOPIC 2:
Water Supply: Consider potential future sources of water supply. This includes recycled water, demand management programs, grey water, treatment efforts, and use of effluent.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
The benefit to the community is to have
ample water source and supply when
needed in the event of a drought or for
basic uses
This is not a single effort or project;
however, a year-round effort
Staff time, Legal team review time,
Consultant time for development of the One
Water Plan which is a holistic 20-year water
portfolio
Council approval of the One Water Plan
which includes adaptable, dynamic,
water supply portfolios.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Having knowledge of where the City's water supply is coming from and how we maintain that supply is a maintained priority..
N/A N/A
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STANDING TOPIC 3:
Electric Supply: Consider updates to the electric supply portfolio and issues relating thereto.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Reliability for customers, health benefits,
and clean energy responsible for the vast
carbon reduction the City has achieved
over the past decade
This is an ongoing regularly monitored
effort and does not have a start or
completion time
Approved budget, staff time, legal review
time, consultants as needed, and
technology
Release of RFP for more renewable
energy supply options in the Integrated
Resource Plan (IRP). Have the IRP near
completion to present to the UAC for
review and approval. Maintaining and
expanding the zero emissions portion of
the portfolio and carbon neutral plan.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
The health and well being of the community is a high priority for Council and Utilities N/A N/A
STANDING TOPIC 4:
Gas Supply: Consider aspects of the gas supply portfolio and issues relating thereto
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Gas is a type of energy used to provide
some residence and businesses in Palo
Alto with heat for their facilities and some
cooking appliances.
This is not a single effort or project;
however, a year-round effort
Staff time, Legal team review time,
Consultant time when necessary
Utilities on average are 10% below
PG&E's rates year round
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
The health and well being of the community is a high priority for Council and Utilities N/A N/A
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STANDING TOPIC 5:
Utilities CIP's: Discuss CIP projects.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
There are multiple CIP's throughout the
Utilities, each with their own benefits to the
City and the community from rebuilding
the water reservoirs, repairing and
replacing sewer lines or water mains,
maintaining street lights, building out the
fiber backbone, upgrading the meter
system to upgrading the outage
management system
Utilities has multiple projects in their Council
approved CIP budget. Most of these
projects are multi year based.
Staff time, Legal review time, Procurement
time for setting up contracts, contractors for
work completion
Utilities CIP success is completion of the
project within the timeline and budget that
was approved by Council.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Maintaining quality of life for the community creates the priority for Utilities projects N/A N/A
STANDING TOPIC 6:
Reliability,Resiliency and adaptation: Ongoing discussions regarding the reliability and resiliency of the utilities.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
This matter encompasses a number of
situations including but not limited to the
S/CAP program. The benefit of any of the
reliability or resiliency projects is to
support the City and community now and
into the future with reliable, safe
connections, water, electricity, fiber and
natural gas
These programs and projects are year
round and do not have a beginning or an
end. For example the S/CAP is set to
accomplish the goal by 2030
Budget approval, staff time, additional staff,
and some use of consultants
Maintaining a high level of efficient, safe,
economic, and reliable services.
YES
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
The S/CAP is a Council priority and therefore a High priority for the Utilities Advisory Commission to focus on
N/A N/A
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STANDING TOPIC 7:
Legislative Initiatives: The Utility tracks many local, state and federal bills that touch on utilities. Should any new laws, regulations, or ordinances pass during the year, the UAC may need to discuss the changes.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Staff tracks the possible changes in laws
and regulations and presents the
proposed changes to the UAC for review
and consideration to the Council.
Legislature meets throughout the year and
possible changes can occur at any point
that effect utilities
Staff time, travel, and legal review time This is a non-measurable project State Mandated
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
N/A The level of priority is based on the particular legislation being proposed and how it effects the regulated utilities
N/A
STANDING TOPIC 8:
Council Driven Initiatives: The UAC will address any matter assigned by the City Council.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
The UAC is made up of a diverse group
with insight of the innerworkings of and
vast knowledge in the utilities arena.
Timeline will be addressed once assigned UAC, Staff and legal review time Council approval of completed task YES
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Typically when Council requests a review of an item it is considered a priority N/A N/A Item 8
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Standing Topic 9:
S/CAP Support: Discuss community engagement, technology (current & emerging), finance, and community scaling of S/CAP plans to meet the City’s goals for sustainability and climate action. This includes electrification efforts, possible code modifications, potential full or partial retirement of the gas distribution system, and electrification of gas appliances. It also includes permitting and inspection processes for customers wishing to upgrade panels, electrify appliances, or install solar PV, energy storage, and/or EV charging systems.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
UAC expertise will help the Council S/CAP
Committee make progress on achieving
S/CAP goals with benefits to reducing the
impacts of climate change.
In these areas:
Ongoing support to the S/CAP Committee Staff time The development of clear plans for building electrification, including concrete
improvements to utility or permitting
processes resulting from UAC actions.
YES
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Support S/CAP Committee goals to develop plans and improve processes for building electrification
Discussions of other forms of emissions reduction besides building electrification YES
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FY2025 Topic 1:
One Water Plan
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Community will have a 20 – year
adaptable roadmap for implementation of
prioritized water supply and conservation
portfolio alternatives that can be used as
a water supply plan.
For Council approval in Fall 2024 Staff time, budget for consultant time, Legal team review time
Council approval of the One Water Plan
which includes an adaptable, dynamic
water supply portfolio.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
The One Water Plan will serve as a long-term guide to prepare the City’s water supply for future uncertainties like multi-year drought, and climate change.
N/A N/A
FY2025 TOPIC 2:
Electric Grid Modernization and Fiber-to-the-Premises pilot project
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Pilot will inform staff how to align the
electric grid modernization and fiber -to-
the-premises project to help minimize
utility engineering pole make -ready work,
pole replacements, noise disruption, and
construction activity in neighborhoods,
Construction is scheduled to begin in April
2024 and expected to be completed by end
of 2024
Staff time, contractor time, and budget
Completion of construction of electric grid
modernization and fiber -to-the-premise
including upgrade of 4kV to 12kV
distribution system and offering Palo Alto
Fiber ISP to residents in the pilot area.
On or below budget
YES
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Electric grid modernization will enhance reliability, resiliency, and capacity and enable electrification. Fiber-to-the-premises will provide fast, reliable, affordable, and city-owned fiber internet service to residents and businesses.
N/A N/A
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FY2025 Topic 3:
Workforce: Discuss ongoing issues with hiring and retaining qualified utility workers.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Having the ability to maintain a workforce
gains consistency in Utility maintenance,
and completion of Council approved CIP's
By the end of 2024 a succession plan will
be in place
Ongoing HR time, Utility staff time, budget Filling of all open positions with the right people
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
It is a high priority to fill these open positions in order to lower the overall cost of the Utilities.
If critical positions are filled, the need for having contract workers lowers the cost to serve the community.
N/A N/A
FY2025 Topic 4:
Tesla Project - $10M Upgrade to Hanover Substation
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Upgraded substation increases capacity
to facilitate electrification process.
Start October 2023, completion anticipated
September 2024
CPAU design review (1 FTE), construction
resource manager (FTE), engineering
support and inspection (1FTE each)
2 Fully upgraded 50 mva transformers N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Electrification and an increase of load by 30-50 mva. N/A N/A Item 8
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FY2025 Topic 5:
Heat Pump Water Heater
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Reduces the use of natura l gas, by
reducing carbon emissions and improves
indoor air quality
December 31, 2024 Staff time, budget 1,000 HPWH’s installed by the end of 2024
YES
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
This is the 1st program for the community to start on the achievement to electrification by eliminating most gas appliances in CPA which is needed to reach the 80/30 goals N/A S/CAP policy
FY2025 Topic 6:
Gas Hedging
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Lowers the risk to the city by decreasing
the volatility of extreme high market
pricing that would be passed on to the
customer
UAC approval in May, Finance Committee
approval in June,
Council approval in August, and
Completion by October
Staff time, budget Execution of hedges for the appropriate winter months
Council
approval needed
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Due to the need to have this implemented in order to execute the transactions in October for the winter months
N/A N/A
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FY2025 Topic 7:
Gas Rate Design Review
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Gas rates that are cost -based,
constitutionally compliant and with an eye
toward competitiveness with gas rates in
neighboring communities.
Council approval in September 2024 Staff time, budget for consultant time, legal review time.
Gas rates that are competitive with
neighboring communities across
customer classes.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Rate impacts on Palo Alto residents and businesses. N/A N/A
FY2025 Topic 8:
Management of potential future gas commodity price spikes: Recommend revisions to the Gas Utility Long -term Plan (GULP) to include a strategy for mitigating the impact on customers of market price spikes
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Protect customers from short -term bill
impacts
For Council approval in Summer 2024 Staff time, Legal team review time Council approval of revised GULP. Yes
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
The revised GULP objectives and strategies will provide a framework through which short- term, unexpected commodity price spikes can be mitigated
N/A N/A
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FY2025 Topic 9:
Electric Portfolio Rebalancing: Decision regarding the City’s large hydroelectric resource, the contract with the Western Area Power Administration (WAPA)
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
The W APA contract accounts for half of
the City’s power needs in an average
hydro year. The City must take action to
renew the contract or reduce the amount
of power purchased under the agreement
in the future. Regulatory uncertainty and
climate change warrant an evaluation of
the contract which will be used to make a
recommendation to Council.
For Council approval in Summer 2024 Staff time, Legal team review time Council approval. N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
N/A N/A
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: August 19, 2024
Report #:2405-3024
TITLE
Approval of Amendment Number 3 to Contract Number C18169712 with OB Sports Golf Management (Baylands), LLC in the Amount of $10,107,560 and Extend the Contract Term by Two Years and Nine Months for Management of Golf Course Operations at the Baylands Golf Links; Approval of Amendment Number 3 to Contract Number C18171872 with OB Sports Golf Management (Baylands), LLC to Extend the Contract Term by Two Years and Nine Months for a Real Estate License for the Restaurant to Provide Food and Beverage Services; and Approval of an Amendment to Fiscal Year 2025 Budget Appropriation in the General Fund (2/3 vote required); CEQA status – categorically exempt.
RECOMMENDATION
Staff recommends that City Council:
1. Approve and authorize the City Manager or their designee to execute Amendment Number 3 to Contract No. C18169712 with OB Sports Golf Management (Baylands), LLC (Attachment A) to extend the term for two years and nine months in the amount of $10,107,560 for a revised not to exceed compensation of $27,994,281 for golf management services on the course, at the driving range, at the Golf Shop, and surrounding areas of the Palo Alto Baylands Golf Links for the term of October 1, 2024 through June 30, 2027;
2. Approve and authorize the City Manager or their designee to execute Amendment Number 3 to Contract No. C18171872 with OB Sports Golf Management (Baylands), LLC (Attachment B) to extend the term for two years and nine months for OB Sports to provide food and beverage services under a license arrangement for the term of October 1, 2024 through June 30, 2027 and for OB Sports Golf Management, LLC to pay a minimum of $217,800 which is subject to mutual increase based on net revenue expectations;
3. Amend the Fiscal Year 2025 Budget Appropriation for the General Fund (requires a two- thirds approval by the City Council) by:
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a. Increasing the Charges for Services revenue estimate in the Community Services Department by $130,000; and
b. Increasing the expenditure appropriation for contact services in the Community Services Department by $130,000.
EXECUTIVE SUMMARY
Staff recommends City Council approve contract renewals with OB Sports as the contracted operator of Baylands Golf Links for continuation as a premier municipal golf course in the region.
In 2018 the City re-opened the former Palo Alto Municipal Golf Course as the Baylands Golf Links after a full course redesign and construction. To facilitate course operations, the City awarded contracts to OB Sports Golf Management 1 for the provision of course management, maintenance, customer service, retail sales, and food and beverage. As OB Sports performed well, the contracts were mutually renewed in 20212 for three years through June 2024 and then the term was extended for three months through September 2024 without initial additional compensation to allow both parties to work on another renewal. Both parties now seek renewal for two years and nine months through June 2027.
Since Fiscal Year 2019, the golf course has overachieved player green fee, driving range, and miscellaneous revenue over projected pro formas in all years except Fiscal Year 2020 due to course closure and restrictions at the onset of the COVID-19 pandemic. Operation revenue has exceeded expenditures in each fiscal year since then. For the current Fiscal Year 2025, the overall course revenue budget is $5.0 million with an expense budget of $4.2 million.
Separate from contract renewal amendments with OB Sports, this report also provides brief updates on golf matters involving the First Tee of Silicon Valley, a second deck driving range, and environmental compliance.
BACKGROUND
In 2012, the City of Palo Alto sought designs for modification to the former Palo Alto Municipal Golf Course due to an adjacent San Francisquito Creek levee expansion project which would change the boundaries of the golf course. On July 1, 2016, the golf course closed to commence construction of a full course renovation and re-opened in May 2018 as the Baylands Golf Links. 1 City Council, April 16, 2018; Agenda Item #10; SR #8848, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2018/item-8848.pdf
2 City Council, June 21, 2021; Agenda Item #16; SR #12343, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12343.pdf
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Preceding the May 2018 course re-opening, OB Sports Golf Management (Baylands), LLC was awarded contracts through a Request for Proposal process to be the single full-service course operator. Previously, the golf course was managed by three vendors and the change to a single full-service operator allowed for more efficient and effective coordinated service delivery focused on the customer experience. Course management, course maintenance, customer service, and golf shop retail sales are provided through a golf management services contract while the provision of food and beverages is through a facility lease with a restaurant license agreement contract. Locally, the company also manages the Golf Club at Moffett Field, a daily fee course open to the public.
ANALYSIS
The two contracts with OB Sports were established in 2018 through June 30, 2021, and each contains a mutual renewal option for up to three years (FY 2022- FY 2024). If the first option to renew is exercised, a second mutual renewal option may be exercised for up to three additional years (FY 2025 – FY 2027). The first mutual renewal option was exercised on June 21, 2021, for Fiscal Year 2022 – Fiscal Year 2024 as Amendment No. 1. The City then extended the term for three months to cover the period of July – September 2024 without initial additional compensation as Amendment No. 2 to allow both parties to work on another renewal.
Operating with a single full-service provider has resulted in a positive player experience with higher service levels than before. Therefore, Staff recommends City Council approve Contract renewals for both Contracts for the second renewal period of two years and nine months (October 2024 – June 2027) as Amendment No. 3 to continue having a single operator provide all services at the golf course. Although Amendment No. 3 covers two years and nine months, the financial compensation is retroactive for three months to compensate for three full years (FY2025 - FY2027).
For the past six fiscal years, OB Sports has managed and maintained the City’s golf course by reestablishing and growing a customer base while making the Baylands Golf Links one of the premier municipal courses in the Bay Area. OB Sports has placed an emphasis on creating a high- quality player experience, which incorporates attention to course play, course conditions, customer service, practice facilities, food and beverage selection, and aesthetics of the golf shop and restaurant.
Since Fiscal Year 2019 when OB Sports began managing the golf course on behalf of the City, golf performance has overachieved player green fee, driving range, and miscellaneous revenue over projected pro formas in all years except Fiscal Year 2020 due to the impact of course closure and then restricted play associated with the onset of the COVID-19 pandemic. Green fee revenue has increased from $2.4 million to a high of $4.0 million with overall revenue including driving range, cart rental, and golf shop sales reaching $5.3 million in Fiscal Year 2022. Operating expenditures and debt service in Fiscal Year 2022 was $4.3 million. In comparison, prior to course renovation the overall revenue in Fiscal Year 2015 was $1.6 million with $2.2 million in expenditures. The following chart illustrates the financial performance of the golf course from Fiscal Year 2015 through Fiscal Year 2023.
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Prior to Fiscal Year 2019 the golf course was operated by the City but managed by three service providers. During Fiscal Years 2017 and 2018, the course was closed for course renovation while the driving range remained open. These two fiscal years incurred high net losses due to loss of green fee revenue while still incurring expenses such as debt service, potable water for irrigation to grow in natural turf grass, and startup costs to renovate the golf shop. In Fiscal Year 2019 the City incurred the last year of debt service on prior financing while initiating new debt service for the course renovation which resulted in overall net income loss. Operating losses in Fiscal Year 2020 are associated with course closure due to the onset of the COVID-19 pandemic.
Several factors are attributed to the more than three-fold revenue increase over the past few years:
•Course redesign with a layout appealing to players of different abilities. •Increase in demand for golf play after the lifting of COVID-19 restrictions. •Enhanced Course maintenance for desired playing conditions •Customer service and premium player experience
•Dynamic pricing
As OB Sports manages the last three factors above and successfully manages expectations, staff recommends the City Council approve Amendment No. 3 contract renewals with OB Sports for Fiscal Years 2025 through 2027 to continue operating the golf course on behalf of the City.
If not approved, the City and OB Sports would transition to close out services for golf course management and food and beverage service. The transition period is estimated to take six to nine months. This would likely impact the strong customer base and reputation that OB Sports $(3,000,000)
$(2,000,000)
$(1,000,000)
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Revenue
Expenses
Net Revenue (Loss)
Golf Course Financial Performance
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and the City have worked to develop since re-opening with a full course re-design. During the transition period, OB Sports would plan on ceasing operations and work with the City to terminate leases on golf carts and course maintenance equipment. Concurrently, the City would issue an expedited solicitation for a Request for Proposals for full-service golf course operations.
As the City and OB Sports have successfully worked closely over the past six years, staff recommends continuing the course operator relationship for Fiscal Year 2025 – Fiscal Year 2027 to ensure no interruption in services at the golf course and retention of the course’s customer base and reputation. Then during the summer of 2026, the City would either enter into discussions with OB Sports for another contract renewal and amendment or issue a Request for Proposals for a full-service course management vendor to operate the golf course on the City’s behalf starting July 2027 in Fiscal Year 2028.
Additional Information on Other Golf Course Matters Not Managed by OB Sports Staff would like to use this report as an opportunity to update the Council and community on other matters pertaining to the golf course. The course has multiple ongoing matters relating to operations, capital improvements, and environmental monitoring that are led by City staff. The City continues to develop a working relationship with the First Tee of Silicon Valley to provide youth programming, is exploring the return on investment of constructing a second deck driving range, and is working towards compliance for the required mitigation and monitoring of wetlands on the golf course.
First Tee of Silicon Valley - The City has maintained a relationship with the First Tee of Silicon Valley (FTSV) since 2009 to provide youth character guidance and development through the game of golf. On May 9, 2022, the City Council approved a Letter of Intent for establishing a partnership with the FTSV Youth Development Teaching Program. At the time, FTSV intended to raise funding for a new training facility, to raise the existing driving range netting, and to add protective netting along Embarcadero Road and the youth area. The FTSV and City staff are discussing a revised project scope and plan to return to Council at the end of calendar year 2024.
Assessment of Driving Range Second Deck - Staff engaged a golf industry consulting firm to assess the financial feasibility of expanding the driving range capacity by constructing a second deck.
Staff will present the feasibility study to the Parks and Recreation Commission in the next few months for their review and input to incorporate into the next steps, which, if found to be a feasible project, may include additional studies, coordinating with OB Sports, and presenting to other Commissions, Committees, or Council.
Golf Course Mitigation and Monitoring - As part of the golf course’s renovation project, the City was required to mitigate impacts to the wetlands as per conditions of environmental regulatory permits. The mitigation required the expanded and enhanced wetlands to be monitored and reported for five years. While the mitigation (expansion and enhancement of wetlands) occurred, the required monitoring and reporting did not adhere to the permit. Staff are working diligently with an ecological consulting firm to assess current conditions and develop a plan to achieve compliance. Staff also communicate with the Regional Water Quality Control Board (Water Item 9
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Board) to provide regular progress updates and submittals. Staff anticipates submitting the existing conditions report and plan to achieve compliance to the Water Board in August 2024.
Additionally, City staff are working collaboratively with OB Sports’ agronomy staff to ensure that the golf course is adhering to the permit requirements such as managing the paspalum turf adjacent to the established wetlands. OB Sports golf course marshals continue to monitor and educate players to prevent encroachment into sensitive habitat areas. Signage and out-of- bounds markers are also used to identify these protected areas.
FISCAL/RESOURCE IMPACT
The golf course operating budget in the General Fund FY 2025 Operating Budget is $5.0 million in revenue and $4.2 million in expenses, which includes debt service payments. The recommendation in this report to extend these contracts does not result in any direct change to the resource impact. As of the writing of this report, staff and OB Sports estimate a revenue increase of approximately $130,000 for a new total revenue budget of $5.1 million and an expense increase of approximately $130,000 for a new total expense budget of $4.3 million.
These projected impacts represent the assumption of continued strong revenue performance and resources required to maintain optimum service levels and to provide the premium player experience the golf course has established. The expense increase will cover higher costs of course maintenance supplies and materials and increased labor costs.
In addition to compensation for course management and maintenance services, the contract is structured to financially incentivize the contractor to exceed annual revenue targets through a revenue share. After achieving the annual revenue targets, amounts in excess are shared through an 80/20 split with 80% retained by the City and 20% paid to the Contractor. All revenue up to the revenue target is fully retained by the City.
For FY 2026 and FY 2027, the second and third years of the contract amendment, payment to the contractor for course management and maintenance is limited to no more than a 3% increase over the prior fiscal year.
The restaurant facility license contract is a revenue contract with OB Sports paying rent and utilities in the amount of $6,050 per month during the contract renewal period (FY 2025 – FY 2027) and is subject to increase based on net revenue. This is a 10% increase for both rent and utilities. OB Sports has remained current on their monthly rent and utilities payments to the City.
OB Sports serves the surrounding businesses and hosts banquets and meetings. Approximately 900 customers are served weekly with up to 1,350 during the peak summer season.
Approximately three banquets are held weekly. The Baylands Café operates at approximately 70% capacity when considering in-person service and food orders to go.
OB Sports would be able to continue to manage course operations on behalf of the City, continue to lease the Baylands Café restaurant, and provide exceptional unified service to golfers seeking golf play and food and beverage service as part of the premium player experience at Baylands Golf Links.
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STAKEHOLDER ENGAGEMENT
Staff provide an annual performance update to the Parks and Recreation Commission (PRC) on the progress of the golf course. The report and presentation include revenues, expenditures, Palo Alto player residency, and rounds of golf. The report also covers programs at the golf course such as golf clubs and youth programs (First Tee, Youth on Course, High School golf, and summer golf camps). Based on previous feedback from the PRC, they have been satisfied with OB Sports’ performance as a golf course operator.
The Community Services Department has collaborated with OB Sports and the Administrative Services Department to assess the financial impact of renewing the contracts through Fiscal Year 2027.
ENVIRONMENTAL REVIEW
City Council’s approval of these Contract Amendments for golf course services is categorically exempt from CEQA per CEQA regulations 15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15323 (Normal Operations of Facilities for Public Gatherings).
ATTACHMENTS
Attachment A: Amendment No. 3 to Contract C18169712 with OB Sports for Golf Course Management
Attachment B: Amendment No. 3 to Contract C18171872 with OB Sports for Restaurant Lease License
APPROVED BY:
Kristen O'Kane, Community Services Director
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AMENDMENT NO. 3 TO CONTRACT NO. C18169712
BETWEEN THE CITY OF PALO ALTO AND
OB SPORTS GOLF MANAGEMENT (BAYLANDS), LLC
This Amendment No. 3 (this “Amendment”) to Contract No. C181769712 (the “Contract” as defined below) is entered into as of August 19, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and OB SPORTS GOLF MANAGEMENT (BAYLANDS), LLC, a Limited Liability Company , Department of Industrial Relations Registration No. 1001184589, located at 15044 North Scottsdale Road, Suite 300, Scottsdale, AZ 85254 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. T he Contract (as defined below) was entered into by and between the Parties hereto for the provision of golf programming services of golf course management, course maintenance, practice facility maintenance, and retail sales , as more fully described in Ex hibit “A” (Scope of Services), as detailed therein.
B. The Par ties now wish to amend the Contract in order to extend the term for two years and nine months through June 30, 2027 for continuation of golf programming services and to increase the compensation retroactive to July 1, 2024 by Ten Million One Hundred Seven Thousand Five Hundred Fifty-Nine Dollars and Eighty -Five Cents ($10,107,559.85) from Seventeen Million Eight Hundred Eighty-Six Thousand Seven Hundred Twenty-One Dollars and Thirty-Seven Cents ($17,886,721.37), to a not to exceed total amount of Twenty-Seven Million Nine Hundred Ninety- Four Thousand Two Hundred Eighty-One Dollars and Twenty -Two Cents ($27,994,281.22), as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract N o. C18169712 between CONSULTANT and CITY, dated April 10, 2018, as amended by:
Amendment No. 1, dated June 21, 2021
Amendment No. 2, dated July 3 , 2024
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2, “TERM AND OPTION”, of the Contract is hereby amended to read as follows:
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“The term of this Agreement shall be from the date of its full execution and approval by City’s City Council (the “Commencement Date”) through June 30, 2027, unless terminated earlier pursuant to Section 19 of this Agreement.”
A renewal option for a period or periods of up to 3 years (from July 1, 2021 through June 30, 2024, is available as mutually agreed, to be executed in accordance with Section 27.4 of this Agreement. (In June 2021, the Parties agreed to the first renewal option in Amendment 1 to this Agreement.) A second renewal option for a period or perio ds of up to an additio nal 3 years (from July 1, 202 4 through June 30, 2027), is available as mutually agreed, to be executed in accordance with Section
27.4 of this Agreement. Absent a mutually extended agreement, the City reserves the right to extend this Agreement for up to six months. During such six-month extension period, the parties may agree to a renewal option as provided for herein.”
SECTION 3. Section 4, “NOT TO EXCEED COM PENSATION” of the Contract is hereby amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Scope of S ervices”), and reimbursable expenses as s pecified in Exhibit “B” (“Compensation”) herein, shall not exceed Twenty Seven Million Six Hundred Ninety-Six Thousand Two Hundred Ninety-Eight Dollars and Twenty-Four Cents. ($27,696,298.24) as detailed in Exhibit “B” (“Compensation”). CONSULTANT agrees to complete all Services, including specified reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. A Contingency Amount of Two Hundred Ninety-Seven Thousand Nine Hundred Eighty-Two Dollars and Ninety Eight Cents ($297,982.98) is available, as detailed in Exhibit “B” (“Compensation” ), to provide for reasonable and unforeseen costs/services, upon approval of City and to be executed via written amendment to this Agreement as provided for in Section 27.4 herein. In the event such Contingency Amount is utilized as provided for herein, the total compensation for Services, reimbursable expenses and the costs/services added under the Contingency Amount, shall not exceed Twenty Seven Million Nine Hundred Ninety Four Thousand Two Hundred Eighty One Dollars and Twenty Two Cents ($27,994,281.22) as detailed in Exhibit “B” (“Compensation”).”
SECTION 4. The following exhibit(s) to the Contract is hereby amended, as indicated below, to read as set forth in the attachment to this Amendment, which is hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “B” entitled “COMPENSATION”, AMENDMENT NO. 3”, AMENDED,
REPLACES PREVIOUS
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
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SECTION 6. Incor poration o f Recitals . The recitals set forth above ar e terms of this Amendment and are fully incorporated herein by this reference.
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
_____________________________
City Manager
APPROVED AS TO FORM:
_____________________________
City Attorney or designee
OB SPORTS GOLF
MANAGEMENT(BAYLANDS), LLC
Officer 1
By:__________________________
Name:_______________________
Title:________________________
Officer 2
By:___________________________
Name:________________________
Title:__________________________
Attachments:
EXHIBIT "B" entitled “COMPENSATION, AMENDMENT NO. 3”, AMENDED, REPLACES PREVIOUS DocuSign Envelope ID: 02690DB3-EE59-485A-B0CB-5B1808B6A231 EVP & General Counsel
Jeff Hansen, Executive Vice President, General Counsel
Jay McGrath, Chief Legal Officer
Chief Legal Officer
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EXHIBIT “B”
COMPENSATION, AMENDMENT NO. 3
(AMENDED, REPLACES PREVIOUS)
A. NOT TO EXCEED COMPENSATION.
ORIGINAL TERM (Execution of Agreement until June 30, 2021) The n ot-to-exceed compensation to be paid to Consultant for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, as detailed in this Exhibit “B” (“Compensation”), shall not exceed $859,000 for FY 2018, and for Year 1 of this Agreement (FY 2019). The not-to-exceed amounts for Year 2 and Year 3 annual compensation to Consultant hereunder shall be as determined in the approved Annual Operating Budget for each such year, as provided for in this Agreement.
Payment of the annual compensatio n due to Consultant hereunder shall be made in quarterly installments.
Quarterly payments consist of the following:
1. A quarterly management fee of $27,000.
2. Up to $1,000 per month for travel reimbursement up to the not-to-exceed amount of $39,000 for the Term of this Agreement.
3. Quarterly lump sum payments based on the approved Annual Operating Budget.
The first quarterly lump sum payment includes payment for start-up costs which are detailed in Section D (“Start-Up Costs”) below.
Quarterly payments for FY 2018 and for Year 1 (FY 2019), paid upon receipt of invoice as provided for herein, shall follow the schedule below:
Q4 FY 2018* $ 859,000
Q1 FY 2019 $ 670,000
Q2 FY 2019 $ 662,000
Q3 FY 2019 $ 618,000
Q4 FY 2019 $ 679,000
Total $3,488,000
* Including start-up costs detailed in Section D (“Start-Up Costs”) below.
The quarterly payments for Year 2 (FY 2020) and Year 3 (FY 2021) of this Agreement shall be based upon the approved Annual Operating Budget for each such year as provided for in this Agreement. In no event shall the Annual Operating Budgets for Year 2 and Year 3 of this Agreement grow by more than 3% over the prior year.
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BUDGET SCHEDULE NOT TO EXCEED AMOUNTS (ORIGINAL TERM ONLY):
Sub-total Services: $ 8,862,000
Total Reimbursable Expenses (Travel): $ 39,000
Total Services and Reimbursable Expenses: $ 8,898,000
Contingency Amount: $ 110,000
Maximum Total Compensation: $9,008,000
FIRST RENEWAL TERM (July 1, 2021-June 30, 2024)
The not-to-exceed com pensation to be paid to Consultant for performa nce of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, as detailed in this Exhibit “B” (“Compensation”), shall not exceed $2,844,095 for Year 4 of this Agreement (July 2021-June 2022, aka FY2022). The not-to- exceed amounts for Ye ar 5 (July 2022- June 2023) and Year 6 (July 2023 -June 2024) annual compensation to Consultant hereunder shall be as determined in the approved Annual Operating Budget for each such year, as provided for in this Agreement.
Payment of the annual comp ensation due to Consultant hereunder shall be made in quarterly installments.
Quarterly payments consist of the following:
1. A quarterly management fee of $27,000.
2. Up to $1,000 per month for travel reimbursement up to the not-to-exceed amount of $36,000 during the First Renewal Term of this Agreement.
3. Quarterly lump sum payments based on the approved Annual Operating Budget.
Quarterly payments for Year 4, paid upon receipt of invoice as provided for herein, shall follow the schedule below:
Q1 FY 2022 $ 711,023.75
Q2 FY 2022 $ 711,023.75
Q3 FY 2022 $ 711,023.75
Q4 FY 2022 $ 711,023.75
Total $ 2,844,095.00
The quarterly payments for Year 5 and Year 6 of this Agreement shall be based upon the approved Annual Operating Budget for each such year as provided for in this Agreement.
In no event shall the Annual Operating Budgets for Year 5 and Year 6 of this Agreement grow by more than 3% over the prior year.
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BUDGET SCHEDULE NOT TO EXCEED AMOUNTS FOR YEARS 4 THROUGH 6:
Sub-total Services: $ 8,754,813.24
Total Reimbursable Expenses (Travel): $ 36,000
Total Services and Reimbursable Expenses: $ 8,790,813.24 Contingency Amount: $87,908.13
Maximum Total Compensation for Years 4-6: $ 8,878,721.37
SECOND RENEWAL TERM (July 1, 2024-June 30, 2027)
The not -to-exceed compensation to be paid to Consultant for performance of the Services described in Exhibit “A” retroactive to July 1, 2024, including both payment for professional services and reimbursable expenses, as detailed in this E xhibit “B” (“Compensation”), shall not exceed $3,237,725 for Year 7 of this Agreement (July 2024- June 2025, aka FY2025). The not-to-exceed amounts for Year 8 (July 2025-June 2026) and Year 9 (July 2026-June 2027) annual compensation to Consultant hereunder shall be as determined in the approved Annual Operating Budget for each such year, as provided for in this Agreement.
Payment of the annual compe nsation due to Consu ltant hereunder s hall be made in quarterly installments.
Quarterly payments consist of the following:
1. A quarterly management fee of $27,000.
2. Up to $1,000 per month for travel reimbursement up to the not-to-exceed amount of $36,000 during the First Renewal Term of this Agreement.
3. Quarterly lump sum payments based on the approved Annual Operating Budget.
Quarterly payments for Year 7, paid upon receipt of invoice as provided for herein, shall follow the schedule below:
Q1 FY 2025 $ 809,431.25
Q2 FY 2025 $ 809,431.25
Q3 FY 2025 $ 809,431.25
Q4 FY 2025 $ 809,431.25
Total $ 3,237,725.00
The quarterly payments for Year 8 and Year 9 of this Agreement shall be based upon the approved Annual Operating Budget for each such year as provided for in this Agreement.
In no event shall the Annual Operating Budgets for Year 8 and Year 9 of this Agreement grow by more than 3% over the prior year.
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BUDGET SCHEDULE NOT TO EXCEED AMOUNTS FOR YEARS 7 THROUGH 9:
Sub-total Services: $ 9,971,485.00
Total Reimbursable Expenses (Travel): $ 36,000.00
Total Services and Reimbursable Expenses: $ 10,007,485.00 Contingency Amount: $100,074.85
Maximum Total Compensation for Years 4-6: $ 10,107,559.85
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses.
City shall reimburse Consultant for the following reimbursable expenses at cost. Expenses for which Consultant shall be reimbursed are:
Travel for Consultant’s management staff to travel from Consultant’s headquarters to the Premise/City to ensure performance in accordance with this Agreement, not to exceed $1,000 per month over the Term of this Agreement.
The expenses eligible f or r eimbursement under this paragraph are ord inary business expenses of Consultant and not operational expenses of managing the Premise.
INCENTIVE PAYMENTS
Consultant is eligible to receive incentive payments based upon achieving/exceeding annual revenue targets. For example, for FY 2022, revenue excluding golf retail merchandise sales, must exceed $ 3,761,644 in order for Consultant to be eligible for incen tive payments. If the reve nue target is achieved/exceeded, then f or every dollar of revenue achieved in excess of the annual revenue ta rget, Consultant may retain $0.20 as an incentive payment.
CONTINGENCY AMOUNT
An additional 1% of CONSULTANT compensation will b e a contingency amount and is reserved by the City for possible use in the event of any reasonable and unforeseen costs during the fiscal year, as agreed to by City and implemented pursuant to a written amendment to this Agreement as provided for herein.
ADDITIONAL SERVICES
No Additional Services are authorized by the City through this Agr eement, unless pursuant to a written amendment to this Agreement as provided for herein.
B. PAYMENT. Subject to Section 5 (“Invoices”) of the Agreement, Consultant shall submit quarterly invoices to the City in advance of each quarter. The Consultant’s invoice will then be submitted to the fi scal se ction for payment at which point the City has 30 working days from the last date of the invoice to render payment to the Co nsultant.
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Invoices mu st include Consultant name, address, contract number, description of services, date of services, and compensation amount.
C. LATE FEES.
1. City shall pay to Consultant all of the fees described above, and any other sums due Consultant, at the times, at the places, and in the manner herein provided. If any payment or any pa rt thereof to be made by City to Consultant pursuant to the terms hereof shall become overdue for a period of sixty (60) days, a “late charge” may be charged by Consultant for the purpose of defraying the expense incident to handling such delinquency.
2. The late charge shall be equal to the lesser of: (i) 1% of the quarterly management fee; or (ii) $2,000 per month overdue based on the date payment was due.
3. In the even t a ny portion of this Section violates any state or federal law or regulation, this Section shall be deemed void and shall have no other effect or make invalid any other provision of this Agreement.
D. START-UP COSTS. The City has agre ed to pay, as a part of the Q4 FY 2018 pay ment to Consultant, the following items that Consultant shall purc hase but City will retain ownership of. These include:
Item(s) Amount
Point of Sale/Tee Time Systems “Clover” & Computers $ 10,000 Goose Dog $ 7,500
Office/Pro-Shop Equipment $ 16,116
Cart Storage & Range Equipment / Supplies
$ 13,750
Restaurant tables, chairs and other furniture $ 44,189 Paint, Carpet, Flooring in Restaurant/Pro-Shop $ 80,000 New Inventory Purchases-Retail $ 50,000
Pre-Opening Marketing $ 71,075
Total Start-Up Costs $ 292,630
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AMENDMENT NO. 3 TO CONTRACT NO. C18171872 (RESTAURANT)
BETWEEN THE CITY OF PALO ALTO AND
OB SPORTS GOLF MANAGEMENT (BAYLANDS), LLC
This Amendment No. 3 (this “Amendment”) to Contract No. C18171872 (the “Contract” as defined below) is entered into as of August 19, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and OB SPORTS GOLF MANAGEMENT (BAYLANDS), LLC, a Limited Liability Company, Department of Industrial Relations Registration No.1001184589, located at 15044 North Scottsdale Road, Suite 300 , Sco ttsdale, AZ 85254 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. T he Contract (as defined below) was entered into by and between the Parties hereto for the provision of restaurant services to provide food and beverages and banquet services, as more fully described in Exhibit “A” (Scope of Services), as detailed therein.
B. T he Parties now wish to amend the Contract in order to (1) extend the contract term for two years and nine mo nths through June 30, 2027; (2) retroactive to July 1, 2024, increase monthly rent by ten percent (10%) from four thousand dollars ( $4,000) to forty-four hundred dollars ($4,400); and (3) increase utilities fees by ten percent (10%) from fifteen hundred dollars ($1,500) to sixteen hundred fifty dollars ($1,650), as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract N o. C18171872 between CONSULTANT and CITY, dated April 10, 2018, as amended by:
Amendment No. 1, dated June 21, 2021
Amendment No. 2, dated July 3, 2024
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2, “TERM AND OPTION”, of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution and approval by City’s City Council (the “Commencement Date”) through June 30, 2027 unless terminated earlier pursuant to Section 19 of this Agreement.
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A renewal option for a period or periods of up to 3 years (from July 1, 2021 through June 30, 2024, is available as mutually agreed, to be executed in accordance with Section 27.4 of this Agreement. (In June 2021, the Parties agreed to the first renewal option in Amendment 1 to this Agreement.) A second renewal option fo r a period or periods of up to an additional 3 years (from July 1, 2024 through June 30, 2027), is available as mutually agreed, to be executed in accordance with Section
27.4 of this A greement. Absent a mutually extended agreemen t, the City reserves the right t o extend this Agreement for up to six months. During such six-month extension period, the parties may agree to a renewal option as provided for herein.”
SECTION 3. The following exhibit(s) to the Contract is hereby amended, as indicated below, to read as set forth in the attachment to this Amendment, which is hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “B” entitled “COMPENSATION”, AMENDMENT NO. 3”, AMENDED,
REPLACES PREVIOUS
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorpora tion of Recitals . The rec itals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
_____________________________
City Manager
APPROVED AS TO FORM:
_____________________________
City Attorney or designee
OB SPORTS GOLF
MANAGEMENT(BAYLANDS), LLC
Officer 1
By:__________________________
Name:_______________________
Title:________________________
Officer 2
By:___________________________
Name:________________________
Title:__________________________
Attachments:
EXHIBIT "B" entitled “COMPENSATION, AMENDMENT NO. 3”, AMENDED, REPLACES PREVIOUS DocuSign Envelope ID: 52E5B79B-DE04-4401-957D-7D935B3002E8 Jeff Hansen, Executive Vice President, General Counsel
EVP & General Counsel
Chief Legal Officer
Jay McGrath, Chief Legal Officer
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EXHIBIT “B”
COMPENSATION, AMENDMENT NO. 3
AMENDED, REPLACES PREVIOUS
A. Rent
The rent to be paid by CONSULTANT shall be paid in advance on or before the first day of every month during the term of this Agreement. CONSULTANT shall pay rent to CITY according to the following schedule:
Time Period Rent Amount Owed to City
May 2018 through June 2019 $1 per month
July 2019 through June 2020 $4,000 per month
June 2020 through June 2024 At least $4,000 per month but subject to increase based on net revenue expectations
July 2024 through the end of
this Agreement
At least $4,400 per month but subject to
increase based on net revenue expectations
B. Utilities
The CITY provides gas, electricity, water, sewer and ref use collections services (“utilities”) as required for CONSULTANT’S use. The utilities fees to be paid by CONSULTANT shall be paid in advance on or before the fir st day of e very mon th during the term of this Agreement.
CONSULTANT shall pay utilities fees to CITY according to the following schedule:
Time Period Utilities Fees Owed to City
May 2018 through June 2019 No charge to CONSULTANT.
July 2019 through June 2024 $1,500 per month
July 2024 through the end of this Agreement At least $1,650 per month
Notwithstanding the above terms of this Section B, CONSULTANT shall be responsible for gas, electricity, water, sewer and refuse collection services that are not required for CONSULTANT’S use or for uses not authorized by this Agreement.
C. Late Fees
1. CONSULTANT shall pay to CITY all of the fees described above, and any other sums due CITY, at the times, at the places, and in the manner herein provided. If a ny payment or any part thereof to be made by CONSULTANT to CITY pursuant to the terms hereof shall become overdue for a period of sixty (60) days, a “late charge” may be charged by CITY for the purpose of defraying the expense incident to handling such delinquency.
2. The late charge shall be equal to 1% of the payment owed.
3. In the event any portion of this Section violates any st ate or federal law or regulation, this Section shall be deemed void and shall have no other effect or make invalid any other provision of this Agreement.
DocuSign Envelope ID: 52E5B79B-DE04-4401-957D-7D935B3002E8 Item 9
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Amendment No. 3 to
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OB Sports for Restaurant
Lease License
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: August 19, 2024
Report #:2407-3274
TITLE
Approval of Amendment No. 2 to the Lease Agreement Between the City of Palo Alto and the County of Santa Clara (Contract No. 1557819) at 2000 Geng Road for Safe Parking to Expand the Premises of the Lease and Increase by 10 the Number of Safe Parking Spaces Permitted; CEQA – Exempt pursuant to CEQA Guidelines Section 15061(b)(3)
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Amendment No. 2 (Attachment A) to the Lease Agreement by and between the City of Palo Alto (City), as landlord, and the County of Santa Clara, as tenant, at 2000 Geng Road for Safe Parking to expand the premises of the lease and increase by 10 the number of permitted parking spaces.
EXECUTIVE SUMMARY
Approval of the amended Lease Agreement will allow the expanded operation of a 24-hour safe parking program at Geng Road (Site). The Geng Road site is the only one in the City which permits recreational vehicles (RVs) and is often at capacity with a waiting list. The site expansion is in response to the City Council request to expand safe parking at this site as well as to address vehicle displacement for the El Camino Real project. As of June 2024, 21 RVs/or campers and 16 vehicles were counted along El Camino Real (State Route (SR) 82) in Palo Alto.
Within those vehicles, outreach workers connected with 35 people, including 14 children. The Caltrans SR 82 Repaving Project is scheduled to remove parking along SR 82 in Palo Alto beginning September 3, 2024, thus making this lease amendment time sensitive. Increased demand for expanded RV safe parking in Palo Alto is anticipated.
Safe parking provides places where people living in their vehicles can safely and legally park and connect with services and support including a path to stable, permanent housing. Under the original Lease Agreement, the site was leased to the County for three years beginning in Item 10
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September 2020. The lease was amended on September 18, 20231 to extend the term, prioritize local populations, and clarify the City’s landscaping responsibilities. The County contracted with a local nonprofit organization, Move Mountain View, to operate the safe parking program at the site. The proposed amendment would allow for site expansion to accommodate up to 10 additional RVs, increasing the maximum site number from 12 to 22. This expansion requires a lease agreement with the County as the original lease did not include this additional space.
The County provides the funding for the existing 12 safe parking spaces while this expansion effort will have operating costs to the City of approximately $266,162 annually. Staff will bring a recommendation to the Council in the Fiscal Year 2025 Midyear Budget Review for funding needs. However, in the interim time before Midyear Budget Review, Move Mountain View and community partners are actively fundraising for donations to cover the initial costs and have already received an initial gift from the Palo Alto Community Fund ($20,000).
BACKGROUND
Safe Parking Program Overview
On September 14, 20202, the Council approved an interim safe parking ordinance and a three- year lease with the County at 2000 Geng Road for safe parking. The County, leasing property from the City, contracted with Move Mountain View to operate a safe parking program with 12 spaces for recreational vehicles (RVs) or two cars per space. In addition to this City/County partnership, several congregation-based sites host safe parking for passenger vehicles only.
Geng Road Services Provided
The Geng Road site provides a variety of services, including a kitchen, laundry facilities, shower facilities, and a children’s library, serving 25 households (84 individuals), with 64% of those affiliated with Palo Alto. A household is considered affiliated with Palo Alto if they answered ‘Palo Alto’ to any of the following questions:
•If employed, what city do you work in?
•If you go to school, in which city is your school?
•In which city do you spend most of your time?
•Which city did you live in prior to becoming homeless? Palo Alto's Safe Parking Landscape
1 September 18, 2023 Council Staff Report,
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3115&meetingTemplateType=2. 2 City Council, September 14, 2020, Item #9, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas- minutes-reports/reports/city-manager-reports-cmrs/year-archive/2020-2/id-11513.pdf?t=58031.91 Lease was included as a supplemental memo, found here: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas- minutes-reports/reports/city-manager-reports-cmrs/year-archive/2020-2/09142020-item-9-at-places-memo.pdf Item 10
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Safe parking programs offer unhoused individuals sheltering in their vehicles a place to safely and legally park while connecting with services and support. The programs aim to help participants find safe, stable, and affordable housing. In Palo Alto, safe parking programs operate in publicly owned parking lots and religious institution parking lots. Public lots, like the one at 2000 Geng Road, allow continuous parking and are supported by funding from the County of Santa Clara. Congregation-based programs require participants to leave the lot daily, with vehicles allowed on-site from 6:00 pm to 8:00 am, accommodating up to four passenger vehicles per night. The Council established a process for the establishment of new safe parking sites as part of the support for this program.
Ordinance Development and Implementation
The congregation-based safe parking policy (Palo Alto Municipal Code Section 18.42.160 and Ordinance 5490) was adopted by the Council in January 2020 after months of discussion. The idea began on June 10, 2019,3 and by January 13, 2020,4 the Council approved the congregation-based program. On September 14, 2020,5 the Council adopted an ordinance allowing safe parking programs on public land zoned for public use (PF), enabling 24-hour operations, and approved a three-year lease with the County at 2000 Geng Road for safe parking.
Recent Developments
On September 18, 2023,6 the Council renewed the lease with the County for the continued operation of the 24-hour safe parking program at Geng Road. The site serves approximately 12 vehicles and offers various on-site services. The City continues to support the Geng Road safe parking site operation in partnership with the County and a nonprofit service provider (Move Mountain View).
In addition to renewing the lease for the Geng Road City-owned site, the City also made recent updates to the ordinance for congregation-based safe parking programs. On October 25, 2023,7 3 June 10, 2019, Council Agenda Packet, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/00-archive/2019/06-10-2019-71690.pdf 4 January 13, 2020 Agenda Packet: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/00-archive/2020/01-13-2020-ccm.pdf 5 September 14, 2020, Council Agenda Packet, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas- minutes-reports/agendas-minutes/city-council-agendas-minutes/2020/september-14-2020-city-council-meeting- agenda-and-full-packet.pdf.
6 September 18, 2023 Council Staff Report,
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3115&meetingTemplateType=2. 7 Verbatim minutes of 10-25-2023 PTC and HRC joint session/action item:
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/planning- Item 10
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the Human Relations Commission (HRC) and the Planning and Transportation Commission (PTC) held a joint study session to discuss the draft ordinance. The PTC recommended modifications to the ordinance, including increasing the maximum number of vehicles allowed and clarifying amenity use.
On December 4, 2023,8 the Council adopted ordinance 18.42.160 to permanently establish congregation-based safe parking and to establish regulations related to safe parking, including a maximum number of vehicles per night on each site. Additionally, Council directed staff to explore the expansion of safe parking, including at the Geng Road site which has higher capacity than the congregation-based sites.
On June 18, 2024,9 as part of an item considering the Caltrans SR 82 Repaving Project, the Council authorized the City Manager or their designee to enter into agreements as needed to provide temporary safe parking for those currently along the El Camino Real project corridor in Palo Alto facing displacement. The recommendation for the lease amendment with the County aligns with this June 18th Council action.
ANALYSIS
Approval of the amendment to the lease agreement allows for site expansion to accommodate up to 10 additional RVs, increasing the maximum site number from 12 to 22. From mid- to late- June 2024, County outreach workers counted 21 RVs/campers and 16 other vehicles along SR 82 in Palo Alto.
The Caltrans SR 82 Repaving Project will lead to immediate displacement of these vehicle- dwelling households by early September. Additionally, there is high demand for RV safe parking regionally, leading to a waiting list for this option. According to staff research and conversations with service providers, vehicle dwellers are resistant to accepting services that require moving from (and often losing) their RVs and possessions in order to obtain temporary shelter. Thus, creating additional safe parking capacity is critically important because it provides a better bridge for vehicle dwelling households to receive services and map a path to permanent affordable housing without the risk of losing their vehicles in the process. From January 2021 through June 2023, the Geng Road site has a 64.6% occupancy rate and 15.5% positive andtransportation-commission/2023/ptc-10.25.23-verbatim-minutes.pdf and video:
https://midpenmedia.org/planning-and-transportation-commission-2-10252023/ 8 December 4, 2023, Council Staff Report,
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3191&meetingTemplateType=2&comp iledMeetingDocumentId=8590.
9 June 18, 2024, Action Minutes,
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=14318&compileOutputType =1
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placements in shelter meant for human habitation.10 Positive placements for RV dwellers are likely dependent upon the availability of permanent affordable housing, and recently the Geng Road site has had a waiting list at times for a space.
The existing Geng Road safe parking site is located on what was previously used as a temporary fire station location. The entirety of the premises is paved and fenced. The portion of the site currently used for safe parking, is not only paved and fenced, but also has striping for RV parking and structures providing showers, a kitchen, laundry facilities, and a children’s lending library and play area. The portion of the site proposed for expansion has been most recently used for Utilities construction staging activities. Expansion of the services-rich Geng Road site means the additional clients will have direct access to already-established services. Additionally, from a service provider perspective, this will allow for a smoother set-up and operation by the service provider who can leverage resources to enhance existing facilities.
The amended premises exhibit can be seen in Exhibit A.
The lease agreement has been reviewed by County staff and will be signed by the County Director of Fleets and Facilities.
Other Alternatives Explored and Impacts
Before moving forward with the expansion of the Geng Road safe parking site, staff pursued multiple other options in- and near Palo Alto working with dedicated community partners.
However, after deeper investigation, none of these options proved feasible as they required more lead time and separate service locations than the existing safe parking site. The RV Dwellers Group reached out to private property owners as well, but no sites could work within the time period needed. The Geng Road site allows the provider (Move Mountain View) to leverage the existing site resources for the additional RV vehicles. The expansion of the Geng Road site results from the relocation of the Utilities construction staging that is currently in use at the site.
Moving Utilities to the new site in Mountain View, allows Utilities to have a consistent construction staging site that is large enough and available for all of the upcoming Utilities electrification capital projects. The fiscal impacts of the new site lease and purchase are included in the fiscal impact section below. The relocation causes a slight project delay for the current Utilities Advanced Metering Infrastructure project as well. 10 December 4, 2023 City Council Meeting Staff Report
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3191&meetingTemplateType=2&comp iledMeetingDocumentId=8590; A positive placement includes anything other than a place not intended for human habitation: rapid rehousing, rentals by lient with and without vouchers or subsidy, rental by client in public housing, transitional housing, staying or living with family or friends, and emergency shelter.
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FISCAL/RESOURCE IMPACT
The proposed expansion site for Safe Parking at Geng Road presently serves as the construction staging area for the City of Palo Alto Utilities (Utilities) Advanced Metering Infrastructure (AMI) Project. Utilities currently holds a lease for this location paying rent of $3,064.25 per month ($36,771 annually) to the General Fund. This amount is expected to be reduced starting August 30, 2024 as Utilities has identified a new site which spans 0.86 acres in Mountain View. This lot can be used for the current AMI project, in addition to staging for current utility materials and future projects. The rent for this new location is significantly higher at $35,648.60 per month ($427,783 annually). This move is anticipated to postpone the AMI project by two months.
Utilities is currently in the process of finalizing a lease agreement for the Mountain View site and plans to relocate there by end of August 2024. Utilities intends to secure a two-month short-term lease with approval from the City Manager. The Utilities Department will bring a consent item to Council in October 2024 before the two-month lease is over, requesting a four- month extension, for a total lease of six months and $213,892 in rent paid. A budget adjustment will not be needed as the lease will be funded by the Smart Grid Technology Installation capital project (EL-11014).
During this time, the Utilities Department will be negotiating a purchase agreement that will be brought to Council in February 2025 for the purchase of the site currently estimated at $8.0 million. This amount will be funded by the Electric Fund, Water Fund, and Gas Fund, and the Utilities Department estimates this amount will cover the purchase and any unforeseen renovations making this site available for all future staging uses for Utilities.
The County funds the current 12 space safe parking site; however, this expansion effort will have operating costs to the City. The annual estimated cost for the expanded site is $266,162.
Staff will bring a recommendation to the Council in the Fiscal Year 2025 Midyear Budget Review for funding needs in FY 2025. In the meantime, working with the RV Dwellers Group (described in the Stakeholder Engagement Section of this report), there is an effort to raise funds to support the initial costs for site expansion (half of the annual operations costs). Community members interested in making donations can do so through www.movemv.org/donate. The Palo Alto Community Fund made an initial donation of $20,000. Funding for future budget years to support the Safe Parking site will be subject to Council approval during the annual budget process.
Additionally, as mentioned in the amended lease agreement, the City will help with site preparation by painting the stripes for the parking spaces and removing the interior fence which currently divides the site into two sides. These activities will be conducted in-house and absorbed within existing budgets where possible but could require small additional contracts.
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STAKEHOLDER ENGAGEMENT
Stakeholder engagement includes regular and as-needed meetings between partners (e.g., Santa Clara County and Move Mountain View). Additionally, the City and County are part of the “RV Dwellers Group” of service providers, City staff, a representative of Stanford University, members of the faith-based community, and people from the philanthropic community who meet monthly and as-needed to discuss and share information relation to Palo Altans living in their vehicles along SR82. Additionally, in compliance with Palo Alto Municipal Code 18.42.170 public notice of this meeting was sent out to owners and residents within 600 feet of 2000 Geng Road.
ENVIRONMENTAL REVIEW
Adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3). This Ordinance identifies the regulations governing the use of certain, limited sites for safe parking. The ordinance itself does not authorize the use of any sites without subsequent approval from the City. Therefore, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
The lease agreement for Safe Parking at 2000 Geng Road is exempt from CEQA in accordance with Section 15301 and 15303 of the CEQA Guidelines. Section 15301 applies to leasing or minor alterations of existing public or private structures and facilities involving negligible or no expansion of use; allowing the use of this existing parking lot for temporary safe parking would not constitute a significant expansion of use. Section 15303 applies to conversion of small structures from one use to another where only minor modifications are made to the structure.
This applies to buildings up to 10,000 sf in urban areas. No modifications are proposed to the existing structures and the existing buildings total 5,500 sf in this urbanized area. This site is further from the Baylands and closer to nearby roadways. Only a portion of these existing structures would be open for use to facilitate safe parking at the site.
ATTACHMENTS
Attachment A: Amendment No. 2 To County of Santa Clara Lease Agreement APPROVED BY:
Ed Shikada, City Manager
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AMENDMENT NO. 2 TO CONTRACT NO. 1557819
BETWEEN THE CITY OF PALO ALTO AND
THE COUNTY OF SANTA CLARA
This Amendment No. 2 (this “Amendment”) to Contract No. 1557819 (the “Contract” as defined below) is entered into as of August 26, 2024 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and the COUNTY OF SANTA CLARA, apolitical subdivision of the State of California (“COUNTY”). CITY and COUNTY are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of the use of a portion of 2000 Geng Road for the County’s 24-hour safe parking program for recreational and other vehicles and persons residing in such vehicles on a temporary basis (“Safe Parking”), as detailed therein.
B. On September 18, 2023, the Parties entered into Amendment No. 1 to the Contract to extend the term, prioritize local populations, and clarify the City’s landscaping responsibilities.
.
C. The Parties now wish to amend the Contract in order to expand the premises of the lease as more particularly described in revised Exhibit A , and increase the number of parking spaces permitted.
D. In accordance with Palo Alto Municipal Code Section 18.42.170, the City provided notice that the City Council was considering this amendment to owners and residents of property within 600 feet of the subject property.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. 1557819 between COUNTY and CITY, dated September 17, 2020, as
amended.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 1 of the Contract is hereby amended to read as follows:
1. Grant of Lease. City hereby grants to County a lease for the exclusive right to use the Premises solely to provide Safe Parking in compliance with all federal, state, and local laws. Notwithstanding the previous Item 10
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sentence, City may pass through the Premises with reasonable notice to County to access adjacent lots; and City may enter the Premises without any notice in emergency situations if there is a substantial risk to health, safety, or property. The County’s use of the Premises for Safe Parking is restricted to uses directly associated with providing a temporary location for and services to the homeless in compliance with the standards in Exhibit C and shall be limited to no more than twenty- two (22) RV-sized parking spaces at any one time (each such space may fit one RV or two cars). In addition to the 22 RV-sized parking spaces, additional vehicle spaces on the Premises may be used for staff parking and for the parking of commuter vehicles for Safe Parking program participants. Other than for Safe Parking, County will not, nor will County allow anyone else to, park on, remove, relocate, alter, attach anything to, or otherwise modify the Premises, without the prior written consent in each instance of the City, which consent may be granted or withheld in the City’s sole and absolute discretion. County understands, acknowledges, accepts and agrees that City is entering into this Agreement in its capacity as a property owner with a proprietary interest in the Premises and not as a regulatory
agency with police powers. Nothing herein shall limit in any way County’s obligation to obtain any required regulatory approvals from City departments, boards or commissions or other governmental regulatory authorities or limit in any way City’s exercise of its police powers.
Notwithstanding anything to the contrary in Section 4 of or elsewhere in the original Contract, the City shall be responsible (at the City’s expense) for removing the existing fencing/wall between the original Premises and the newly expanded portion of the Premises and shall be responsible for restriping the newly expanded portion of the Premises to provide for the 10 new RV-sized parking spaces and 10 additional spaces for commuter parking.
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “Premises”, AMENDED, REPLACES PREVIOUS.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
COUNTY OF SANTA CLARA
Name: Jeff Draper
Title: Director, Facilities and Fleet
Department
APPROVED AS TO FORM AND LEGALITY:
Name: Karen M. Willis
Title: Deputy County Counsel
Attachments:
Exhibit A – Premises
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: August 19, 2024
Report #:2406-3184
TITLE
Adopt an Ordinance Amending Municipal Code Chapter 2.22 to Align Human Relations Commission Procedures with Previous Council Direction; CEQA status – not a project.
RECOMMENDATION
Staff recommends the Council adopt the attached ordinance amending Municipal Code Chapter
2.22 to align Human Relations Commission procedures with previous Council action.
BACKGROUND AND ANALYSIS
In March 2023, the City Council adopted an ordinance increasing the Human Relations Commission from five to seven members1. However, related code sections specifying the number of members for a quorum, an ad hoc committee, and procedures for calling an emergency meeting were not updated to account for the increased number of members. This ordinance updates the relevant code sections. This ordinance does not make any changes to the HRC’s scope or workplan.
FISCAL/RESOURCE IMPACT
Adoption of this ordinance is not anticipated to require any additional funding or staff resources.
STAKEHOLDER ENGAGEMENT
There was no stakeholder engagement for this specific item.
ENVIRONMENTAL REVIEW
Adoption of this ordinance is not a project within the meaning of CEQA. 1 See Ordinance 5583 at https://portal.laserfiche.com/Portal/DocView.aspx?id=66129&repo=r-704298fc Item 11
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ATTACHMENTS
Attachment A: Ordinance Amending Chapter 2.22 to Update Quorum and Other Procedural Definitions Reflecting a Seven Member Commission.
APPROVED BY:
Kristen O'Kane, Community Services Director
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*Not Yet Approved*
1 113_20240718_ts_24
Ordinance No._____
Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. The City Council finds and declares as follows:
A. The City has a Human Relations Commission as detailed in Chapter 2.22 of the Palo Alto Municipal Code.
B. In March and April 2023, the City Council adopted Ordinance 5583 to expand the membership of the Human Relations Commission from five to seven members.
C. The City Council now desires to clean up the quorum requirements and other procedural aspects of Chapter 2.22 to reflect the seven member commission.
SECTION 2. Section 2.22.030 (Officers, meetings and procedures) of Chapter 2.22 (Human Relations Commission) of the Palo Alto Municipal Code (PAMC) is hereby amended and restated as follows (deleted text is in strikethrough, new text is underlined):
2.22.030 Officers, meetings and procedures.
(a) The commission shall elect one of its members chairperson who shall hold office for one year and until a successor is elected unless the chairperson’s term as a member of the commission sooner expires.
(b) The Human Relations Commission shall establish a regular time, date and place of meeting and shall ordinarily hold meetings monthly. Special meetings may be called by the chairperson or by any three four members of the commission upon personal notice being given to all members or by written notice being mailed to each member twenty-four hours prior to such meeting unless such notice requirement is waived in writing. (c) Three Four of the five seven members shall constitute a quorum and the affirmative votes of a majority of members present are required to take any action. (d) The commission may establish ad hoc committees of two up to three commission members for advisory and investigative purposes. The commission shall, by majority vote, appoint members of ad hoc committees.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
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SECTION 4. The Council finds that this project is exempt from the provisions of t he California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 5. This ordinance shall be effective on the thirty -first day after the date of its adoption.
INTRODUCED:
PASSED
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director, Community Services Department
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: August 19, 2024
Report #:2407-3301
TITLE
Approval of a Grant Agreement With the California Highway Patrol for a One-Year Program to Reduce Impaired Driving and Crashes with $307,000 in State Funds, Requiring $0 in City Matching Funds; and Approval of a FY 2025 Budget Amendment (Requires 2/3 approval) in the Supplemental Law Enforcement Services Fund; CEQA Status – Not a Project
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager, or their designee, to execute a Funding Agreement (Attachment A) with the California Highway Patrol, authorized by the Cannabis Grants Unit, for the development and implementation of the Impaired Driving Prevention, Enforcement, and Education action plan. The Agreement will provide up to $307,000 in funding over one year, and the City will not be required to provide matching funds; and
2. Amend the Fiscal Year 2025 Budget Appropriation for the Special Law Enforcement Services Fund (requires a 2/3 approval) by:
a. Increasing the estimate for Revenue from the California Highway Patrol, Cannabis Grants Unit by $307,284;
b. Increasing Police Department overtime expense appropriation for Salary & Benefits by $125,009,
c. Increasing Police Department capitalized and non-capitalized expense appropriation for Equipment by $179,349,
d. Increasing Police Department expense appropriation for Travel by $2,926.
BACKGROUND
Driving under the influence and driving under the influence of drugs (DUI/DUID) remain a significant public safety issue in many communities. Despite ongoing efforts to combat this Item 12
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dangerous behavior, DUI-related incidents continue to result in numerous fatalities, injuries, and property damage annually.
Approval of this grant funding agreement with the State will provide the Police Department with additional resources for up to 12 months to combat impaired driving and crashes. The Department reported 165 arrests for DUI/DUID-related offenses in calendar year 2023.
With the passage of Proposition 64 in 2016, The Control, Regulate, and Tax Adult Use Marijuana Act, California voters mandated the state to set aside funding for the California Highway Patrol to provide grants to local governments for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) of the Revenue and Taxation Code (RTC). Despite being sourced from cannabis-related grants, the funding will be dedicated to enhancing the Department's overall DUI/DUID enforcement efforts, aligning with the City’s priorities to improve traffic safety. The grant does not provide funding for additional DUI/DUID checkpoints or dictate how the Department tactically deploys the resources funded by the grant.
The funding provided is appropriated by the California State Controller’s Office, and all grants are awarded on a competitive basis, unless otherwise specified within the Request for Application. These funds shall be used to supplement and not supplant existing funds for these activities.
Notice of Funding was issued on January 9, 2024, and Staff applied for the grant on February 23, 2024. CHP approved Palo Alto’s grant application on June 6, 2024. The grant cycle for this project is July 1, 2024, through June 30, 2025. The grant application is Attachment B.
ANALYSIS
In alignment with the grant application, staff will carry out the “PAPD DUI Training, Check Point Equipment, and Drug Identification Device Project”; an effort that will: 1) support DUI/DUID investigations and train police officers to teach skills related to those efforts and 2) acquire devices that use technology to identify suspected narcotics without having to physically remove the substance and 3) source an equipment trailer to purchase and store DUI checkpoint equipment like signage, cones, barricades, tables, and chairs.
The goal of the project is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Department’s effectiveness through training and development of new strategies. Additionally, the project will enhance employee and public safety by acquiring devices that could detect and identify dangerous narcotics. Existing law prohibits the possession of cocaine, methamphetamine, heroin, fentanyl, and other commonly abused street drugs. Unknown white powdery substances, particularly fentanyl, pose significant exposure risks to officers. Drug identification devices will enable officers to identify these substances without opening their packaging.
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FISCAL/RESOURCE IMPACT
The application was prepared using existing City staffing resources. No additional staff or operating budget resources are necessary to accept the grant except for purchasing staff time to make the purchase of equipment.
Staff anticipates a salary cost of $125,009 with most of the expense allocated to sending officers to DUI instructor level courses and to pay backfill overtime. $2,926 will be used to pay for travel expenses. Staff anticipates $179,349 for the purchase of DUI checkpoint equipment and narcotics detection devices. The staff expects minimal maintenance expenses for the towable trailer and narcotics detection devices once the manufacturer's warranty expires.
Ongoing maintenance costs will be evaluated during budget process.
The performance period of this grant ends June 30, 2025. Staff has considered if overtime or full-time staffing would be more appropriate. After consideration of the skills necessary for this work, current staffing levels with vacancies, and training period, staff believes that no new positions are necessary currently. However, should staff recommend that this program continue after the grant’s performance period funding has expired, staff will bring forward requests for funding as part of the annual budget process if it cannot otherwise be absorbed in the Department’s budget.
STAKEHOLDER ENGAGEMENT
Staff did not conduct any stakeholder engagement for the acceptance of this grant.
ENVIRONMENTAL REVIEW
The California Public Resources Code § 21065 includes a definition of a “project” as subject to the California Environmental Quality Act (CEQA) if it is an activity directly undertaken by a public agency which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. This project is exempt from the provisions of the CEQA, pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment.
ATTACHMENTS
Attachment A: CHP Grant Agreement
Attachment B: CHP Grant Application
APPROVED BY:
Andrew Binder, Police Chief
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State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
17876
_________ _______________________________________________________
1. GRANT TITLE
FY24/25 CTFGP Law Enforcement - City of Palo Alto
2. NAME OF ORGANIZATION/AGENCY
City of Palo Alto
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Palo Alto Police Department
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2024 To: 06/30/2025
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $307,284.00
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00- 1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Ed Shikada
Title: City Manager
Phone: (650) 329-2280
Address: 250 Hamilton Avenue
Palo Alto, CA 94301
E-Mail: [email protected]
__
_________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
A
ddress: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
__
_________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
A
ddress: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
__
_________________________ _______________
(Signature) (Date)
10. AUT HORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Eric Jensen
Title: Management Analyst
Phone: (650) 329-2280
Address: 250 Hamilton Avenue
Palo Alto, CA 94301
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TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
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TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.
b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
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TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)
G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation, and employee assistance programs.
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement.
ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
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TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax - exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
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TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.
b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
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TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
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Schedule A
City of Palo Alto
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.
Project Description
The Palo Alto Police Department will purchase equipment to support DUI/DUID investigations, train police officers to teach skills related to those efforts, and conduct training for general patrol and traffic enforcement officers. This project is to source and acquire devices that use technology to identify suspected narcotics without having to physically remove the substance, thus making it safer for the officer and maintaining the integrity of the evidence. The Department has no devices allowing this safe drug identification method. The Palo Alto Police Department is also looking to source an equipment trailer to purchase and store DUI checkpoint equipment like cones, barricades, tables, signage, and chairs. The trailer will be utilized to provide logistical support at DUI checkpoints. In addition, this project will source the funding for sending three (3) officers to SFST/ARIDE/ DUI Checkpoint Planning - Management instructor courses. As well as the training of the entire department on overtime in DUI/DUID investigations. There are ZERO SFST instructors, and only a small percentage of officers have had formal training in DUI/DUID investigations. Funding for this entire project will cost approximately $307,284
Problem Statement & Proposed Solution
Problem Statement:
The Palo Alto Police Department currently has zero SFST Instructors. This has hindered the department's ability to train officers on how to conduct effective DUI/DUID investigations. This lack of training has manifested in lowered prosecutions and increased possibilities that drivers under the influence be allowed to drive on the road. Due to the cost of staffing and class registrations, the department has not been able to create a cadre of instructors in the field of SFST. There are also conferences that have quality training in DUI/DUID and illegal cannabis investigations. Staffing and training costs have prevented these officers from attending.
The Palo Alto Police Department currently does not own any equipment or have trained personnel to conduct DUI checkpoints.
The dangers of fentanyl have prevented officers the ability to test unknown substances/possible drugs. I f unknown substances are located during a DUI/DUID investigation, there is no device available to test these substances, which hinders effective DUI/DUID investigations.
Proposed Solution:
With grant funding, it will allow the police department to send officers to SFST Instructor courses so the department can conduct internal training on overtime. This training will allow officers to increase DUI/DUID investigations and have more successful prosecutions. To prevent the interruption of day -to-day operations, these trainings will be done on overtime.
Purchase a towable trailer and all necessary equipment to run DUI checkpoints, including but not limited to a towable trailer that can store and transport solar message boards, cones, tables, chairs, and signage.
Technology has developed over the years, allowing for drug testing using spectrometer technology. This technology gives accurate readings on the type of drugs without physically touching the substance. This provides officers safer handling of the drugs and allows for fewer flaws in the chain of custody for prosecution.
Performance Measures/Scope of Work
Project Activity: Train a small group of SFST instructors and DUI checkpoint experts and train the entire department on DUI/DUID investigations.
Goals/Objectives: In YEAR 1, Quarter 1: Identify and select a cadre of officers that will be department SFST Item 12
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Schedule A
and DUI Checkpoint instructors. Quarter 2: Train and certify instructors on SFST, ARIDE, DUI Checkpoints.
Develop department training plans for DUI/DUID investigations. Quarter 3: Train 50% of officers in DUI/DUID investigations. Deploy 1 DUI Checkpoint. Quarter 4: Train the remaining 50% of the department on DUI/DUID investigations. Deploy 1 DUI Checkpoint. In addition to Data Collection on arrests and training. Aim to boost DUI/DUID arrests by 15% compared to the previous year.
Project Activity: Purchase of towable trailer that can store and contain DUI checkpoint equipment.
Goals / Objectives: YEAR 1, Quarter 1: research towable trailers and equipment needed to support a DUI checkpoint. Quarter 2: Purchase and receive all equipment. Quarter 3: identify and select a cadre of officers to become experts in conducting DUI checkpoints. Quarter 4: Conduct at least 1 DUI checkpoint. Aim to REDUCE DUI/DUID by 25% by campaigning and implementing DUI Checkpoints.
Project Activity: Purchase of contactless drug identification devices Goals/Objectives: YEAR 1, Quarter 1: Research the purchase of devices. Quarter 2: Purchase of devices , creation of department policy, and department training on device. Quarter 3: Deployment of devices in the field and station. Quarter 4: Data collection. Aim to have 100% of all suspected drugs, tested with the device.
Aim to increase DA prosecutions of drug offenses by 10% of previous year.
Project Performance Evaluation
SFST Instructor:
Evaluation - This project will be evaluated based on quantitative data collection. A successful outcome of this project should reflect an increase in officers trained in DUI/DUID investigations. A roster will be completed at each training session, and officers must demonstrate proficiency at the conclusion of the training. Palo Alto PD will be the custodian of the training records and rosters. Palo Alto PD will be the custodian of these records and will conduct performance evaluations throughout the grant period and beyond.
DUI Checkpoint Equipment and DUI Checkpoint trained expert:
Evaluation- The project will be evaluated based on acquiring all necessary equipment to store, transport, successfully implement a DUI checkpoint, and identify and arrest impaired drivers.
Drug ID devices:
Evaluation - This project will be evaluated based on quantitative data. A successful outcome of this project should reflect (after purchase and training) that all suspected drugs will have been identified using this device.
The information will be collected directly from the internal report management system. All items submitted into evidence that are identified as narcotics will be reviewed and ensured that the suspected drug was presumptively identified. This will be annotated when the evidence information is inputted into the report writing system. Palo Alto PD will be the custodian of these records and will conduct performance evaluations throughout the grant period and beyond.
Program Sustainability
The items purchased will not need additional grant funding to sustain their use. If awarded the technology and equipment, the department will seek funding through a regular City budget cycle for consumable goods related to the testing equipment beyond the grant period.
Training will be ongoing, and with the training internal, no additional funding will be needed to sustain other SFST instructors.
Administrative Support
This grant will be managed by a dedicated Lieutenant who will oversee the project. That position will ensure that the agreement uses all funds. The grant manager will ensure all items are purchased promptly, including the proper training and certifications. The police department has successfully received and implemented wellness grants and organized retail theft and traffic safety. The resources needed to implement this project are creating a location to store these devices. Additional resources include a selection process for officers to be SFST instructors. Policies must be developed to ensure the training and equipment are used per department policy and current law. This grant will be subject to audit according to City policy.
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Schedule B
Detailed Budget Estimate
Award Number
Organization/Agency
Total Amount
17876
City of Palo Alto
$307,284.00
Cost Category
Line Item Name
Total Cost to Grant
Personnel
DUI Checkpoints
$74,443.00
ARIDE Training - Attend
$6,321.00
Backfill
$25,283.00
SFST Training - Instruct
$15,802.00
DUI Checkpoints - Planning and Managment
$3,160.00
Category Sub-Total
$125,009.00
Travel
Training - Attend Travel
$2,926.00
Category Sub-Total
$2,926.00
Equipment
Solar Traffic Message Board
$41,468.00
Handheld Narcotics Analyzer
$131,931.00
Towable Trailer
$5,950.00
Category Sub-Total
$179,349.00
Grant Total
$307,284.00
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Schedule B-1
Budget Narrative
City of Palo Alto
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Personnel
ARIDE Training - Attend
$6,321.00
1 training event to take place in Q1
Working Classifications: Officer/Agent; Pay rate: Officer top-step OT $125.40, Agent top-step OT $134.82; # of hours: 16 hrs each class; # of staff per event: 1 officer, 2 Agents 3 ea Officer attendee ARIDE Class
DUI Checkpoints
$74,443.00
2 enforcement events each year of the grant (total 6 events).
Working Classifications: Officer/Agent/Sergeant; Pay rate: Officer top-step OT w night diff $131.67, Agent top-step OT w night diff $141.56, Sergeant top-step OT w night diff $147.77; # of hours: 9 hrs each per event; # of staff per event: 5 officers, 3 Agents, 2 Sergeants
DUI Checkpoint staffing
DUI Checkpoints - Planning and Managment
$3,160.00
1 training event to take place in Q1
Working Classifications: Officer/Agent; Pay rate: Officer top-step OT $125.40, Agent top-step OT $134.82; # of hours: 8 hrs each class; # of staff per event: 1 officer, 2 Agents SFST Training - Instruct
$15,802.00
1 training event to take place in Q2
Working Classifications: Officer/Agent; Pay rate: Officer top-step OT $125.40, Agent top-step OT $134.82; # of hours: 40 hrs each class; # of staff per event: 1 officer, 2 Agents 3 ea Officer attendee DWI SFST Instr Class
Backfill
$25,283.00
3 training event to take place over the life of the grant Working Classifications: Officer/Agent; Pay rate: Officer top-step OT $125.40, Agent top-step OT $134.82; # of hours: 64 hrs per classification; # of staff per event: 1 officer, 2 Agents Backfill Class attendees
Travel
Training - Attend Travel
$2,926.00
Travel (POV) $1,632; Per diem $952; Lodging $342
Equipment
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Schedule B-1
Budget Narrative
City of Palo Alto
Towable Trailer
$5,950.00
Interstate brand Model: 6 X 12 Carry-On Enclosed Cargo Trailer; 1 each; $5000 net/$5950 gross Handheld Narcotics Analyzer
$131,931.00
Manufacturer: Thermo Scientific Model: TruNar TruNarc w 5 yr warranty; 3 units; $40,300 net each/$43,977 gross each
Solar Traffic Message Board
$41,468.00
Manufacturer: SMC Model: 1000ST; 2 each; $19,000 net each/$20,7334 gross each Item 12
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PAPD DUI Training, Check point Equipment, and Drug ID
Prepared by City of Palo Alto
for California Highway Patrol (CHP) Law Enforcement: Small and Mid-Size Organizations/Agencies FY 2024/2025 Primary Contact: Eric Jensen
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Opportunity Details
Opportunity Information
Title
Law Enforcement: Small and Mid-Size Organizations/Agencies FY 2024/2025 Description
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
Awarding Agency Name
California Highway Patrol
Agency Contact Name
Cannabis Grants Unit (CGU)
Agency Contact Phone
916-843-4360
Agency Contact Email
[email protected]
Fund Activity Categories
Education, Law, Justice and Legal Services
Opportunity Manager
Cannabis Grants Unit (CGU)
Opportunity Posted Date
1/9/2024
Public Link
https://www.gotomygrants.com/Public/Opportunities/Details/468aa0b8-b253-4f24-b655-b0bf6cf72569 Is Published
Yes
Funding Information
Funding Sources
State
Funding Source Description
With the passage of Proposition 64 in 2016, The Control, Regulate, and Tax Adult Use Marijuana Act (AUMA), California voters mandated the state to set aside funding for the CHP to provide grants to local governments and Qualified Nonprofit Organizations for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code (RTC).
Funding Restrictions
State Agencies/Departments, please refer to Section 34019 (f)(3)(B) RTC and California Code of Regulations, Title 13, Division 2, Chapter 13, for additional information.
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Award Information
Award Range
$500,000.00 Ceiling
Award Period
07/01/2024 - 06/30/2025
Award Type
Competitive
Indirect Costs Allowed
No
Matching Requirement
No
Submission Information
Submission Timeline Type
One Time
Submission Timeline Additional Information
GRANT APPLICATIONS ARE DUE FEBRUARY 23, 2024, BY 5:00 PM PST Grant Applicants are advised to ask submittal questions well before the deadline. The Cannabis Grants Unit (CGU) cannot guarantee an immediate response and the Grant Management System (GMS) will automatically close at 5:00 PM PST. Once a Grant Application is submitted through the GMS, Grant Applicants may not add, edit, or delete any Grant Application information.
Question Submission Information
Question Submission Email Address
[email protected]
Eligibility Information
Eligibility Type
Public
Additional Eligibility Information
Small and Mid-Size Law Enforcement Organizations/Agencies, with the primary function of enforcing traffic laws, which includes responding to calls, making arrests, and issuing citations, pursuant to the California Penal Code, California Vehicle Code, and California Health and Safety Code
Small-Size Law Enforcement Organizations/Agencies: 100 employees or less Mid-Size Law Enforcement Organizations/Agencies: 500 employees or less Additional Information
Additional Information URL
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program Award Administration Information
State Award Notices
Awards will be announced in May and June 2024.
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Administrative and National Policy Requirements
The California Highway Patrol (CHP) adopted regulations within Title 13 of the California Code of Regulations (CCR), Division 2, by adding Chapter 13, which govern the CHP, Cannabis Tax Fund Grant Program.
These regulations outline:
* Grant Provisions
* Grant Project Types
* Specific Grant Application Requirements
* Grant Evaluation Criteria
* Necessary Administrative Procedures for the Program
Regulations can be found at:
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program/program-regulations Reporting
Quarterly Reporting is required and due within 14 calendar days after the close of each quarter.
Quarter One (Q1): July 1 - September 30
Quarter Two (Q2): October 1 - December 31
Quarter Three (Q3): January 1 - March 31
Quarter Four (Q4): April 1 - June 30
Other Information
Please ensure your Organization/Agency has the capability to electronically sign required documents (ex: Grant Agreement).
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Project Information
Application Information
Application Name
PAPD DUI Training, Check point Equipment, and Drug ID
Award Requested
$307,284.00
Total Award Budget
$307,284.00
Primary Contact Information
Name
Eric Jensen
Email Address
[email protected]
Address
275 Forest Ave, 275 Forest Ave
Palo Alto, CA 94301
Phone Number
(650) 329-2346
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Project Description
1. Organization/Agency Representatives
Organization/Agency Section/Unit (subdivision) to administer the Grant Agreement Palo Alto Police Department
Organization/Agency Representative
Please complete the following fields with appropriate Organization/Agency representatives, as applicable.
The
Authorized Official
is authorized to enter into a Grant Agreement with signing authority.
The
Authorized Financial Contact
maintains financial records, documentation, and recipient of warrant.
The
Administrative Contact
is responsible for day-to-day administration.
Authorized Official Name (first and last)
Ed Shikada
Authorized Official Title
City Manager
Authorized Official Address (street, city, state, zip code) 250 Hamilton Ave, Palo Alto, CA 94301
Official Address to Receive Reimbursement Payment - MUST MATCH FI$CAL FORM (street, city, state, zip code) 250 Hamilton Ave, Palo Alto, CA 94301
Authorized Official Phone Number (with area code)
650-329-2280
Authorized Official Email Address
[email protected]
Authorized Financial Contact Name (first and last)
Eric Jensen
Authorized Financial Contact Title
Management Analyst
Authorized Financial Contact Phone Number (with area code) 650-329-2346
Authorized Financial Contact Email Address
[email protected]
Administrative Contact Name (first and last)
James Reifschneider
Administrative Contact Title
Captain
Administrative Contact Phone Number (with area code)
650-329-2406
Administrative Contact Email Address
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2. Senate/Assembly/Congressional/County Information
To determine the State Senate District(s), State Assembly District(s), and California Congressional District(s), copy and paste the below URL in your browser and search:
https://gis.data.ca.gov/maps/CDEGIS::legislative-districts-in-california-2/about Select one or more State Senate District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.
State Senate 13
Select one or more State Assembly District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.
State Assembly 23
Select one or more California Congressional District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.
California Congressional District 06, California Congressional District 07, California Congressional District 08, California Congressional District 09, California Congressional District 10, California Congressional District 11, California Congressional District 12, California Congressional District 13, California Congressional District 14, California Congressional District 15, California Congressional District 16 Select one or more California counties where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.
Santa Clara
Number of residents (population) that your Organization/Agency serves. 67000
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3. Statistical Data
Ensure the responses below are accurate and align with the statistical data provided within the Grant Application.
If a
question is not applicable, please input "0" or "N/A".
How many schools are in your jurisdiction?
Elementary Schools
Middle Schools
High Schools
Colleges/Universities
Number of Schools
25 17
6 3
How many law enforcement personnel are within your Organization/Agency? 84 Does your Organization/Agency have specifically designated traffic enforcement personnel who conduct driving under the influence (DUI) enforcement operations?
Yes
No
How often does your Organization/Agency conduct DUI enforcement activities (ex: DUI Saturation Patrols, DUI Checkpoints)?
Weekly Average
Monthly Average
Yearly Average
Enforcement Activities
0 0
0 How many law enforcement personnel have attended Standard Field Sobriety Test (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE), and/or Drug Recognition Evaluator (DRE) training? SFST
ARIDE
DRE
Number of Trained Law Enforcement Personnel
48 0
3 How many certified DREs does your Organization/Agency currently have? 1 How many law enforcement personnel are certified SFST and/or DRE Instructors? SFST
DRE
Number of Certified Instructors
0 0
What in-service training does your Organization/Agency offer related to DUI/DUID? The agency provides in-field training during the field training program. When funding and staffing allow, officers are sent to SFST, ARIDE, and DRE schools hosted by neighboring agencies.
Is training conducted at your Organization/Agency or at an alternate facility?
Within Organization/Agency
Alternate Facility
Do law enforcement personnel participate in training with local city attorneys and/or district attorneys?
Yes
No
Grant Funded Equipment
Have Cannabis Tax Fund Grant Program Grant Funds been utilized to purchase equipment (an acquisition cost of at least $5,000)?
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Yes
No
If yes, list EACH equipment item and fiscal year of the Grant Agreement.
N/A
EXAMPLE ONLY
FY21-22 = Two Message Boards
FY22-23 = One DUI Vehicle
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4. Project Description
Project Types:
Please select project type(s) applicable to your Project.
Law Enforcement Training
Public Education and/or Prevention
Enforcement Efforts
Provide a brief overview/synopsis (a paragraph) of the proposed Project.
PLEASE DO NOT COPY AND PASTE
TABLES IN FIELD - TYPE INFORMATION IN FIELD.
This project is to source and acquire devices that use technology to identify suspected narcotics without having to physically remove the substance. Thus making it safer for the officer and maintaining the integrity of the evidence. The Palo Alto Police Department has no devices allowing this safe drug identification method. The Palo Alto Police Department is also looking to source an equipment trailer to purchase and store DUI checkpoint equipment like cones, barricades, tables, signage, and chairs. The trailer will be utilized to provide logistical support at DUI checkpoints. In addition, this project will source the funding for sending three (3) officers to SFST instructor courses. As well as the training of the entire department on overtime in DUI/DUID investigations. There are ZERO SFST instructors, and only a small percentage of officers have had formal training in DUI/DUID investigations. Funding for this entire project will cost approximately $307,284
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5. Problem Statement & Proposed Solution
Clearly identify the problem/need (Problem Statement) in your local community that will be addressed by the Project. Then, clearly identify the Proposed Solution to address the problem/need. If applicable, provide recent and high-level statistical data that directly supports the problem/need in your local community. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - EITHER TYPE INFORMATION IN FIELD OR ATTACH DOCUMENT.
Problem Statement:
1 .
The Palo Alto Police Department currently has zero SFST Instructors. This has hindered the department's ability to train officers on how to conduct effective DUI/DUID investigations. This lack of training has manifested in lowered prosecutions and increased possibilities that drivers under the influence be allowed to drive on the road. Due to the cost of staffing and class registrations, the department has not been able to create a cadre of instructors in the field of SFST. There are also conferences that have quality training in DUI/DUID and illegal cannabis investigations. Staffing and training costs have prevented these officers from attending. 2 .
The Palo Alto Police Department currently does not own any equipment or have trained personnel to conduct DUI checkpoints.
3 .
The dangers of fentanyl have prevented officers the ability to test unknown substances/possible drugs. If unknown substances are located during a DUI/DUID investigation, there is no device available to test these substances, which hinders effective DUI/DUID investigations.
Proposed Solution:
1 .
With grant funding, it will allow the police department to send officers to SFST Instructor courses so the department can conduct internal training on overtime. This training will allow officers to increase DUI/DUID investigations and have more successful prosecutions. To prevent the interruption of day-to-day operations, these trainings will done on overtime.
2 .
Purchase a towable trailer and all necessary equipment to run DUI checkpoints, including but not limited to a towable trailer that can store and transport solar message boards, cones, tables, chairs, and signage. 3 .
Technology has developed over the years, allowing for drug testing using spectrometer technology. This technology gives accurate readings on the type of drugs without physically touching the substance. This provides officers safer handling of the drugs and allows for fewer flaws in the the chain of custody for prosecution.
Statistical Data/Report(s)
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6. Performance Measures/Scope of Work
Detail EACH Project activity/item below, which will serve as your goals and objectives for the Project.
For EACH
goal/objective, include estimated timelines (ex: monthly, quarterly), quantitative measurements (ex: reduction of DUI/DUID by %), and justification detailing how it will enhance/support the Project.
NOTE: These goals and objectives must be
consistent with the Budget. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.
Project Activity:
Train a small group of SFST instructors and DUI checkpoint experts and train the entire department on DUI/DUID investigations.
Goals/Objectives:
In YEAR 1, Quarter 1, identify and select a cadre of officers that will be department SFST instructors. Quarter 2: train and certify instructors. Develop department training plans for DUI/DUID investigations. In quarter 3, train 20% of officers in DUI/DUID investigations. In quarter 4, train 40% of DUI/DUID investigations. YEAR 2, Quarter 1, 60% of officers trained in DUI/DUID investigations. In quarter 2, train 80% of officers in DUI/DUID investigations. Quarter 3, train 100% of officers in DUI/DUID investigations. Quarter 4, data collection and new officers training on DUI/DUID investigations.
Project Activity:
Purchase of towable trailer that can store and contain DUI checkpoint equipment.
Goals /
Objectives
:
In YEAR 1, Quarter 1: research towable trailers and equipment needed to support a DUI checkpoint. Quarter 2: Purchase and receive all equipment. Quarter 3: identify and select a cadre of officers to become experts in conducting DUI checkpoints. Quarter 4: conduct at least 1 DUI checkpoint.
Project Activity
: Purchase of contactless drug identification devices
Goals/Objectives
: YEAR 1, Quarter 1, research the purchase of devices. Quarter 2, purchase of devices and creation of department policy. Quarter 3, training and certifications of use. Quarter 4, department training on devices. YEAR 2, Quarter 1, 50% of all suspected narcotics will have a presumptive identification. In quarter 2, 75% of all suspected narcotics will have a presumptive identification. In quarter 3, 100% of all suspected narcotics will have a presumptive identification. Quarter 4, data collection.
EXAMPLE ONLY
16 DUI Saturation Patrols (Q1 = 4, Q2 = 4, Q3 = 4, Q4 = 4): Aim to reduce DUI/DUID deaths by 10%, which will improve roadway safety in the community.
2 DUI Checkpoints (Q2 = 1, Q4 = 1): Aim to reduce DUI/DUID by 15%, which will reduce the number of impaired drivers in the community.
4 Message Boards for DUI Checkpoints and Educational Messaging (Q1 = Purchase, Q2 = Receive, Q2-Q4 = Use to complete DUI Checkpoints and education): We will utilize the Message Boards to notify the public of an approaching DUI Checkpoint. In between DUI Checkpoints, we will display educational messaging against driving under the influence.
4 Educational Presentations at local high schools (Q1 = 1, Q2 = 1, Q3 = 1, Q4 = 1): Aim to contact at least 100 students each quarter to increase awareness of driving under the influence. The presentations will educate students on the implications of driving impaired.
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7. Project Performance Evaluation
Provide the method of evaluation to show Project effectiveness and positive impact(s) on the community. These strategies shall include captured quantitative/qualitative data and a communication plan to share Project results with both internal and external stakeholders. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.
SFST Instructor:
Evaluation
- This project will be evaluated based on quantitative data collection. A successful outcome of this project should reflect an increase in officers trained in DUI/DUID investigations. A roster will be completed at each training session, and officers must demonstrate proficiency at the conclusion of the training. Palo Alto PD will be the custodian of the training records and rosters. Palo Alto PD will be the custodian of these records and will conduct performance evaluations throughout the grant period and beyond.
DUI Checkpoint Equipment and DUI Checkpoint trained expert:
Evaluation-
The project will be evaluated based on acquiring all necessary equipment to store, transport, successfully implement a DUI checkpoint, and identify and arrest impaired drivers.
Drug ID devices:
Evaluation
- This project will be evaluated based on quantitative data. A successful outcome of this project should reflect (after purchase and training) that all suspected drugs will have been identified using this device. The information will be collected directly from the internal report management system. All items submitted into evidence that are identified as narcotics will be reviewed and ensured that the suspected drug was presumptively identified. This will be annotated when the evidence information is inputted into the report writing system. Palo Alto PD will be the custodian of these records and will conduct performance evaluations throughout the grant period and beyond.
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8. Program Sustainability
Describe the plan for reducing reliance on future grant funding. Include a summary and timeframe to continue efforts when grant funds are either not available or significantly reduced. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.
The items purchased will not need additional grant funding to sustain their use. If awarded the technology and equipment, the department will seek funding through a regular City budget cycle for consumable goods related to the testing equipment beyond the grant period.
Training will be ongoing, and with the training internal, no additional funding will be needed to sustain other SFST instructors.
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9. Administrative Support
Describe the administrative support, including the Organization/Agency’s grant experience, personnel, and physical resources needed to successfully implement the Project. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.
This grant will be managed by a dedicated Lieutenant who will oversee the project. That position will ensure that the agreement uses all funds. The grant manager will ensure all items are purchased promptly, including the proper training and certifications. The police department has successfully received and implemented wellness grants and organized retail theft and traffic safety. The resources needed to implement this project are creating a location to store these devices. Additional resources include a selection process for officers to be SFST instructors. Policies must be developed to ensure the training and equipment are used per department policy and current law. This grant will be subject to audit according to City policy.
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10. Other Grant Programs
Impaired Driving Enforcement Funding
Has your Organization/Agency previously received grant funding for impaired driving enforcement?
Yes
No
If yes, detail the outcome. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.
Other Grant Programs
Has or will your Organization/Agency submit a proposal to another grant program for this Project (ex: funds for the same components as this Project, or for similar/related components that will be completed during the same time period as this Project)?
Yes
No
If yes, detail the granting Organization/Agency.
In addition, clearly distinguish which tasks would be funded by the CTFGP and which tasks would be funded by another Organization/Agency.
PLEASE DO NOT COPY AND PASTE TABLES IN
FIELD - TYPE INFORMATION IN FIELD.
Are any personnel dedicated to this Project funded by other sources/grants?
Yes
No
If yes, detail which source/grant.
PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.
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11. Terms and Conditions
By submitting your Grant Application, you agree to the following Terms and Conditions:
I certify, under penalty of perjury, that the information I entered in this Grant Application is true and complete to the best of my knowledge. I further understand that any false, incomplete, or incorrect statements may result in my disqualification from the grant process or dismissal from receiving grants funded by the California Highway Patrol (CHP), Cannabis Tax Fund Grant Program. I authorize the California Highway Patrol, Cannabis Grants Unit (CGU), to investigate referenced documents or other documents submitted to the program to check the accuracy of the information provided.
I agree with the Request for Application, the above Terms and Conditions, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00 through 1890.27.
I Agree
When using the GMS (AmpliFund), I authorize the state to take my requested action by an electronic means and authorize the state to accept the combination of my User ID and password in lieu of my written signature.
I Agree
My password is unique to me and is to remain confidential. I will not allow other individuals to use my User ID and password to access the GMS (AmpliFund).
I Agree
It is my responsibility to maintain the confidentiality of GMS (AmpliFund) information.
I Agree
Once I submit the Grant Application, I am unable to add, edit, or delete any Grant Application information.
I Agree
Confidentiality Notice: All documents submitted as a part of the Cannabis Tax Fund Grant Program Grant Application are public documents and may be subject to a request pursuant to the California Public Records Act. The CHP, CGU, cannot ensure the confidentiality of any information submitted in or with this Grant Application (Gov. Code, § 6250 et seq.).
I Agree
Generated Income Disclaimer: There will be no program income generated from this grant. Nothing in this Grant Application shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations, in pursuance of the goals and objectives. Although special emphasis will be placed upon violations specific to this Grant Application, appropriate enforcement action will be taken for all observed violations.
I Agree
Financial Information System for California Government Agency Taxpayer ID (FI$Cal Form) A FI$Cal Form is required for reimbursement. If the Grant Applicant does not have a completed FI$Cal Form at final Grant Application submission time, the Grant Applicant may submit the completed FI$Cal Form via email to CGU prior to execution of the Grant Agreement. NOTE: The “Remit-To Address" on the FI$Cal Form MUST match the “Official Address to Receive Reimbursement Payment” you entered in Form #1. Organization/Agency Representative. This address shall be the official address on file with FI$Cal and the State Controller’s Office (SCO) to receive warrants (Reimbursement Request Payments). Forms are located on the Cannabis Tax Fund Grant Program's website at https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program.
I Agree
FI$Cal Form
City Council or County Resolution
A county, city, district, or other public body shall provide a copy of a resolution, order, motion, or ordinance of local governing body, which by law has the authority to enter into an agreement authorizing execution of a Grant Agreement. If the Grant Applicant does not have a signed resolution at final Grant Application submission time, the Grant Applicant may submit a signed resolution via email to CGU prior to execution of the Grant Agreement. NOTE: The resolution MUST explicitly state the Organization/Agency has delegated authority to enter into a Grant Agreement for the requested amount.
I Agree
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City of Palo Alto
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PAPD DUI Training, Check point Equipment, and Drug ID
City of Palo Alto
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Budget
Proposed Budget Summary
Expense Budget
Grant Funded
Total Budgeted
Personnel
3 ea Officer attendee
$66,000.00
$66,000.00
3 ea Officer Backfill patrol
$66,000.00
$66,000.00
Subtotal
$132,000.00
$132,000.00
Travel
Daily per diem
$952.00
$952.00
Lodging
$4,200.00
$4,200.00
POV milage rate
$1,632.00
$1,632.00
Subtotal
$6,784.00
$6,784.00
Equipment
DUI Checkpoint Logistical Equipment
$5,000.00
$5,000.00
Handheld Narcotics Analyzer
$121,000.00
$121,000.00
Solar Traffic Message Board
$36,000.00
$36,000.00
Towable Trailer
$6,500.00
$6,500.00
Subtotal
$168,500.00
$168,500.00
Total Proposed Cost
$307,284.00
$307,284.00
Revenue Budget
Grant Funded
Total Budgeted
Grant Funding
Award Requested
$307,284.00
$307,284.00
Subtotal
$307,284.00
$307,284.00
Total Proposed Revenue
$307,284.00
$307,284.00
Proposed Budget Detail
See attached spreadsheet.
Proposed Budget Narrative
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Personnel
Costs may include compensation for wages, such as overtime, and benefits (annual leave and sick leave) for work directly related to, and consistent with, the Project.
Personnel hours will be awarded based on the number of grant- funded Project activities approved by CGU.
To be eligible for reimbursement, personnel services must occur within the Project Performance Period.
Please note, full salary positions are not allowed.
Itemize separate Budget line
items by Project activity (ex: one Budget line item for DUI Saturation Patrol; one Budget line item for DUI Checkpoint).
Combine wages and benefits in the same Budget line item for each Project activity.
For EACH Budget
line item, the narrative shall include the below: * Number of times Project activity will occur * Classification(s) working
Project activity * Rate of pay for each classification working Project activity (notate regular or overtime pay) * Number of hours for each classification working Project activity EXAMPLE 16 DUI Saturation Patrols = $9,600 2 Officers per patrol / Officer = OT $60 per hour 5 hours per patrol / 80 hours per Officer / 160 hours 3 ea Officer attendee
3 X 112 hours @$95/hr
3 ea Officer Backfill patrol
3 officers X 112 hours @ $95/hr
Travel
Costs may include travel associated with approved in-state and out-of-state Project-related conferences, seminars, workshops, and trainings.
The most economical mode of travel, in terms of direct expenses to the Project, must be used.
Out-of-state travel is only allowed in exceptional situations.
Trainings must be pre-approved by CGU prior to
travel.
To be eligible for reimbursement, travel must occur within the Project Performance Period.
Travel expenses
for all Grant Applicants shall follow the policy established by the State of California for its employees regarding travel reimbursement and shall not exceed the rates paid to exempted, excluded, and represented State of California employees.
For maximum allowed per diem rates, including meals and lodging, please visit the California Department of Human Resources (CalHR) website: https://www.calhr.ca.gov/employees/Pages/travel- reimbursements.aspx.
Itemize separate Budget line items for each trip.
For EACH trip (if applicable), the narrative
shall include the below: * Trip name/location * Classification of individual(s) traveling * Project-related transportation costs (ex: mileage) * Per diem (meals) * Lodging
EXAMPLE SFST Training = $616 Sacramento, CA 2 Officers
Mileage = $30 each way / 2 ways = $60 Per diem = $59 per day / 5 days = $236 Lodging = $145 per night + taxes / 1 night = $320
POV milage rate
3 officers X 400 miles (twice round trip) @ $0.68 to class in POV Lodging
3 officers X 14 nights each @ $100/nite
Daily per diem
3 officers X 14 days x $68
Equipment
Costs may include non-expendable, tangible, personal property having a normal useful life of more than one year, and an acquisition cost of at least $5,000 (ex: four identical assets, which cost $1,250 each, for a total of $5,000, are not considered an equipment purchase).
Equipment shall be directly related and necessary to complete grant- funded activities included in the Project.
Equipment should be purchased at the beginning of the Project Performance Period to ensure it is utilized when completing corresponding Project activities.
If requesting
equipment, the Project shall contain a correlating grant-funded Project activity (ex: Message Board for DUI Checkpoints).
DUI Saturation Patrol equipment approved by CGU may utilize eligible outfitting expenses, which only include emergency lights, sirens, radio, and transport partition (cage).
To be eligible for reimbursement, equipment
must be purchased and received within the Project Performance Period.
Itemize separate Budget line items for
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each Equipment item.
For EACH Budget line item, the narrative shall include the below:
* Description of equipment
item * Quantity * Unit cost and total cost
Towable Trailer
Enclosed towable trailer to store and transport DUI checkpoint equipment.
Handheld Narcotics Analyzer
Purchase three handheld devices that can quickly identify narcotics and controlled substances, including key drugs of abuse and emerging threats like synthetic cathinones (bath salts) and cannabinoids.
Solar Traffic Message Board
Purchase two solar powered message boards to notify motorists of DUI checkpoints and the perils of impaired driving.
DUI Checkpoint Logistical Equipment
Field office equipment to conduct DUI checkpoints.
PAPD DUI Training, Check point Equipment, and Drug ID
City of Palo Alto
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: August 19, 2024
Report #:2404-2858
TITLE
Approval of Castilleja School's Transportation Demand Management Plan Document for a Previously Approved Redevelopment Project Located at 1310 Bryant Street. Environmental Analysis: The City Council Previously Certified a Final Environmental Impact Report for this Project.
RECOMMENDATION
Staff recommends that the City Council approve the Transportation Demand Management Plan (TDMP) as consistent with the conditions of approval for the Castilleja School redevelopment project.
EXECUTIVE SUMMARY
On June 6, 2022, the City Council approved various discretionary land use entitlements and one legislative text amendment to the zoning code to allow Castilleja School redevelop and expand student enrollment, subject to certain findings and conditions of approval. These actions are memorialized in the City Council adopted record of land use action, or RLUA, which is available online.1 Condition number 20 in the RLUA required the applicant to prepare a final version of the complete transportation demand management plan (TDMP). TDMP provisions for the project were previously approved by the City Council and included components from the following documents:
•Castilleja’s prior TDMP; 2
•An enhanced TDMP prepared by transportation consultant Nelson\Nygaard for Castilleja;3
1 City Council approved record of land use action, dated June 6, 2022:
https://www.cityofpaloalto.org/files/f65eb77d-4d17-41a6-8158-44f1df3b649f/Casti-Signed-ROLUA-and- Exhibit.pdf.
2 This is summarized in the Nelson\Nygaard memo (next footnote) 3 Nelson\Nygaard enhanced TDMP, dated June 9, 2016:
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•A supplemental, or draft, TDMP previously prepared by the applicant and updated in 20214
•Mitigation measure 7A from the mitigation and monitoring report included in the City’s prepared final environmental impact report;5
•Other conditions of approval from the RLUA, notably conditions 20 – 26; and, •The City Council’s motion from June 6, 2022. 6
Since the various TDMP provisions were distributed in different source documents, the City Council required a single source compilation that is cohesive, well-organized and indexed. The final form document is subject to the City Council’s approval.
On August 7, 20237, the City Council reviewed the compiled TDMP (Attachment A) and continued its review to a date uncertain. Council directed staff to meet with members of the Castilleja Neighborhood Committee (CNC) and Castilleja to discuss their concerns (5-2, Lythcott-Haims, Tanaka voted against the motion). These meetings occurred on March 28, 2024 and June 27, 2024, respectively.
ANALYSIS
Summaries of the Council’s and CNC’s comments are listed below. Where responses are not provided in the table, they are discussed in greater detail later in the report.
Council/CNC Comments Staff Response
Council Comment. How is on-site
enrollment limited during
construction?
Condition of Approval (COA) #4 states that
student enrollment is limited to 416 students, if
students remain on the main campus during
construction. However, if students are moved off-
site during construction, the School may
immediately enroll up to 450 students at the off-
site location. Once construction is complete,
enrollment at the main campus may reach 450
students.
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/current- planning/uploads-for-website/castilleja-eir-appendices-b3-through-b7.pdf. 4 Applicant’s draft TDMP from 2021: https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp- development-services/new-development-projects/1310-bryant-street/castilleja-tdm-operations-manual-updated- 2021.pdf.
5 Project FEIR Mitigation Monitoring and Reporting Program:
https://www.cityofpaloalto.org/files/assets/public/v/5/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220523/20220523pccsm-revised.pdf. 6 City Council action minutes from June 6, 2022: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas- minutes-reports/agendas-minutes/city-council-agendas-minutes/2022/20220606/20220606smccsmct.pdf. 7 City Council agenda with staff report:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=12606 Item 13
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Council/CNC Comments Staff Response
At the time this condition was written, the parties
did not contemplate that some but not all
students could be moved off site. However,
because the CUP is issued for the Bryant Street
site, staff interprets this condition to limit
enrollment at the Bryant Street campus to 416
students during construction, regardless of
additional enrollment at an off-site location. If
Castilleja greatly increases enrollment using an
off-site campus during construction, it will be up
to the school to ensure enrollment at Bryant
Street does not exceed 450 after construction.
Castilleja has indicated it has no intention on
having an off-site campus for the upcoming year
and that total enrollment will not exceed 415
students.
Council Comment. What are the
methods for calculating trips to the
site and what is excluded for the
purpose of determining ADT?
•COA #22 says driveway counters
will be used but points to COA
#24 to calculate ADT; COA #24
does not preclude the use of
other sources for ADT.
•What about vehicles parking on
Castilleja side of street?
•What about vehicles dropping
off students that do not pass
through driveway?
•This is discussed later in the report.
Council Comment. What role does
the neighborhood committee have
in creating/evaluating the TDMP?
•COA #33 details the responsibilities of the CNC.
The CNC’s responsibilities are to review impacts
from events, noise complaints, TDMP
performance, and recommend changes to the
Planning Director. The Planning Director has the
authority to approve increases in event and
enrollment based on the performance measures
established in the RLUA. The CNC does not have
any express role in creating the TDMP.
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Council/CNC Comments Staff Response
CNC Comment. Concern over
limiting ADT counts to the driveway
counters; using this method
excludes trips made by vehicles
parked on same side of street and in
neighborhoods;
•This is discussed later in the report.
CNC Comment. Concern that
construction and special event trips
were excluded from ADT trip
counts;
•COA #24(b)(ii) expressly excludes construction
trips, Special Event and Major Event dates, and
non-school days from ADT. The 1,198 ADT
baseline was created by measuring days without
event or construction trips.
CNC Comment. Clarification on how
peak hour trips are calculated;
•The industry standard for determining peak hour
trips is to collect data during peak travel hours
(e.g. 7:00am-9:00am for the morning, 4:00pm-
7:00pm for the evening) and then determine
when trips are highest for one hour during that
time. As Castilleja’s school start time may
fluctuate throughout the years, the peak hour
may also change.
CNC Comment. Ensure the
availability of raw trip data to CNC.
•COA #24 requires Castilleja to provide raw
counter data when they provide their monitoring
reports to the City and that this information also
be posted on their website for the City and public
to evaluate. Staff will continue to work with
Castilleja to ensure this information is posted in a
timely manner when the TDM monitoring reports
are provided as well to ensure transparency to
the public.
ADT Trips Counts
Some Council and CNC members raised concerns that the TDMP only counts trips toward ADT if they pass through installed vehicle counters at student drop off locations and entry/exit driveways on private property; as a result, this does not pick up trips generated by students and faculty parking on the streets adjacent to Castilleja. It was noted that COA #22(b), which requires driveway counters, does not expressly rule out other methods for counting ADT and references COA #24 for the ways ADT shall be calculated. Given that the school’s enrollment expansion is directly tied to Castilleja meeting its ADT and AM peak hour trip limits, the CNC and some Council members expressed the perspective that these cars represent trips to the school and should be counted.
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Although it is true that the RLUA does not state that driveway counters are the exclusive source of data for calculating ADT, it also does not endorse any other means of calculating ADT. COA #24 primarily details the contents of periodic TDMP monitoring reports, and only obliquely references calculation of ADT. The clearest direction on calculation of ADT is in COA #24(b)(ii), that averages shall exclude construction trips, special event days, non-school days, and summer school. COA #24(g) explains that the City will occasionally monitor street frontages with temporary in-street counters, but this data is to inform TDMP changes over time and cannot be a basis for finding a violation of the CUP.
Castilleja’s perspective as expressed in its letter dated June 5, 2024 and included as Attachment B, is that ADT and AM Peak is only measured using driveway counters in accordance with the RLUA; trips generated by on-street parking were not analyzed in the environmental impact and traffic impact reports because it was treated as a background condition for analysis; and, because there was no proposed change to that existing condition.
Staff does not necessarily support the Castilleja arguments as presented in the letter. The Final Environmental Impact Report’s (FEIR) Traffic Study8 suggests ADT and AM Peak figures from driveway counters were adjusted based on a student/staff travel pattern surveys provided by Castilleja, and other observations. The FEIR’s traffic study, however, did not specify how the figures were adjusted, nor what was included in “other observations.” Therefore, it is unclear whether vehicles parked on public streets adjacent to Castilleja were included in the ADT/AM peak hour trip figures.
Ultimately, the record of land use action is unclear on whether vehicle trips generated by students and faculty parking on the school-side of public streets should be counted in calculating ADT and AM peak trips. Council could require the TDMP to include vehicle trips generated by students and faculty parking on the side of public streets immediately adjacent to Castilleja. However, because Castilleja does not agree on this point, and the RLUA does not clearly lay out this expectation, there may be some legal risk in taking this position. Moreover, staff is concerned about the practical implementation of this approach. Castilleja’s TDMP is the most complicated of any prior TDMP approved by the City and inclusion of street side parking, if it were the intent, would require a monitoring and tracking scheme that has not been developed. To track and monitor vehicles that are associated with the school, when they arrived, leave or are replaced with another vehicle requires an extensive amount of human resources either by Castilleja staff, hired consultants, or another approach that assumes a certain number trips associated with on-street parking.
Should the City Council decide to include street parking adjacent to Castilleja in ADT and AM Peak counts, staff recommends adopting a rebuttable presumption that 100% of the 60 available street parking spaces count toward ADT (120 trips). To determine what share of those 8 W-Trans Traffic Study (2020): https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp- development-services/current-planning/uploads-for-website/castilleja-eir-appendix-e-traffic-impact-study-for-the- castilleja-school-expansion_july-2020.pdf
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ADT trips apply to AM Peak, staff recommends a proportional share be attributed to the one hour peak period reported in the monitoring reports. For example, if 344 trips arrived in the AM Peak hour, as measured by the driveway counters, compared to 1057 trips over the entire day, AM Peak trips comprise 33% of total ADT. Therefore, 33% percent of the total 120 trips associated with the street parking spaces would be assigned to the one-hour peak time, resulting in 40 additional trips for the AM Peak hour on that given day. For both ADT and AM Peak, the school would be permitted to submit evidence that these assumptions are incorrect.
For example, they may show that, on average, only 50 spaces were parked during the reporting period.
Staff believes this approach would reasonably assign street side parking trips to ADT and AM Peak but also acknowledges that this relies upon assumptions rather than hard data.
Alternatively, the City could choose not to specify a methodology and simply rely on Castilleja to determine its own approach to capture daily data collection and report findings in the monitoring report. It is worth noting that while Castilleja is precluded from parking or dropping off students outside of designated areas, the public is not precluded from parking on the Castilleja side of the three public streets where parking is allowed.
Alternatively, if the City Council determines that ADT and AM Peak should be determined by use of the driveway counters, no change to the subject TDMP is required.
POLICY IMPLICATIONS
The TDMP, included with this report as Attachment A, was prepared by Castilleja School. It was reviewed by City staff in Planning and Development Services and the Office of Transportation.
These two City departments will be responsible for ensuring compliance with various components of the TDMP and the RLUA.
The document identifies performance standards, data collection methodology and reporting requirements, mitigation strategies, fees for City monitoring, information on enforcement and addressing violations, and general oversight. Appendices to the TDMP include all other relevant parking and transportation-related conditions of approval from the RLUA and a TDMP operations guide and program manual that would be shared with enrolled students and their parents.
The City Council’s action to approve the document affirms that the TDMP incorporates all relevant transportation-related conditions of approval. Importantly, the TDMP is intended to summarize key requirements and implementation measures, but the RLUA and supporting documents, such as the mitigation monitoring and reporting program, are the official records that govern the TDMP and Castilleja School’s operations. In this regard, as the Council has already taken a final action on the project, this review does not present the City Council with an opportunity to add new requirements that were not previously included in the source documents. If, however, the City Council believes the TDMP failed to accurately describe a previously approved requirement or is ambiguous, direction can be given to address such errors in the document.
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FISCAL/RESOURCE IMPACT
Enforcing compliance with the project’s land use entitlements and the TDMP will require City staff time. Castilleja School is required to maintain a deposit balance of $15,000 with the City to investigate complaints and for ongoing monitoring and reporting. The deposit amount will be replenished when the balance reaches $5,000. While the City will be compensated for its time engaging with this private development project through permit fees, existing staff resources in several departments are expected to be diverted from other initiatives at times to address the requirements of the RLUA and TDMP. Timely compliance review is key to satisfy the community and target dates for long range planning efforts may be adjusted.
STAKEHOLDER ENGAGEMENT
Staff has communicated with representatives of neighbors near Castilleja School to answer questions about the project, the RLUA and its implementation. Staff continues to maintain the project website posting information as it becomes available or relevant.
ENVIRONMENTAL REVIEW
The City Council previously certified a final environmental impact report for this project; the recommendation in this report is consistent with the prior review and no further environmental analysis is required.
ATTACHMENTS
Attachment A: Castilleja School’s Transportation Demand Management Plan Attachment B: Castilleja On-Street Parking Response
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 13
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Women Learning. Women Leading.
1310 Bryant Street
Palo Alto, CA 94301
(650) 328–3160
castilleja.org
Castilleja School
Final Transportation Demand
Management Plan
December 2, 2022
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Table of Contents
1. Introduction ............................................................................................................... 3
2. Performance Standards ........................................................................................ 4
3. Data Collection Methodology .............................................................................. 4
4. Reporting .................................................................................................................... 5
5. Required Mitigation Strategies .......................................................................... 9
6. Fees for City Monitoring ..................................................................................... 14
7. Violations and Enforcement .............................................................................. 14
8. Oversight ................................................................................................................... 17 Appendix A: Transportation and Parking Related COA’s and Mitigation Measures ................................................................................................................................. 20 Appendix B: Castilleja School 2022-23 TDM Operations Guide & Program Manual ............................................................................................................................... 22 Item 13
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Castilleja School
Final Transportation Demand Management Plan
1. Introduction.
Castilleja School is an independent school for girls in grades six through twelve, located in Palo Alto, California. Castilleja is the only non-sectarian all-girls middle and high school in the San Francisco Bay Area. It seeks to expand enrollment gradually as facilities are redeveloped for increased safety, sustainability, and programmatic space.
In connection with the School’s Conditional Use Permit (“CUP”), an entitlement permit approved in the City of Palo Alto Record of Land Use Action, dated June 6, 2022 (“RLUA”), the School is held to an average daily trip (ADT) standard of less than 1,198 and an AM peak trip standard of less than 383, to avoid traffic impacts.
This Transportation Demand Management Plan (“TDMP”) includes vehicle trip strategies to assist in complying with these trip thresholds. In addition, successful TDM outcomes generally serve to reduce parking demand and minimize school- related disruptions and intrusions into the nearby residential neighborhoods.
As required by Conditional of Approval (“COA”) 20, this TDMP “compiles all applicable transportation-related requirements of the Record of Land Use Action into a cohesive, well-organized and indexed document.” The intent of the plan is to reduce vehicle trips to, and parking demand at, the school. This plan will also serve as a publicly available resource to inform interested residents of the School’s transportation-related expectations and requirements. For reference purposes, attached as Appendix A is a matrix which provides all traffic and parking related COA’s and Mitigation Measures.
Per COA 21, the TDMP incorporates various requirements from several source documents, summarized as follows:
● The School’s transportation demand management plan on file with the City of Palo Alto;
● All applicable Mitigation Measures from the Certified Final EIR1, particularly Mitigation Measures 4a and 7a;
● All applicable conditions included in this Record of Land Use Action; ● Applicable sections of the Palo Alto Municipal Code regarding TDM programs, monitoring, reporting and penalties; and
1 Per COA 27, “to the extent that there is any inconsistency between [a] COA and Mitigation Measures, the more restrictive conditions shall govern.” In most instances throughout this TDMP, the COA’s are more stringent than the Mitigation Measures and will control.
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● The TDM supplement submitted by the applicant and prepared by the transportation firm Nelson Nygaard, dated June 17, 2019, which includes updated monitoring report requirements and introduces new TDM strategies. (COA 21 e)
This TDMP summarizes the transportation performance measures and criteria set forth in the RLUA. In addition it will provide the implementation strategies to effectuate the intent of the TDMP, in order to ensure compliance. In the event the TDMP is inconsistent with the conditions of approval, mitigation measures or Council’s motion approving the project, the latter shall prevail. The specific sub- sections of the TDMP include the following:
● Performance Standards
● Data Collection Methodology
● Reporting
● Required Mitigation Strategies
● Fees for City Monitoring
● Violations and Enforcement
● Future Oversight
Additionally, each academic year, the school intends to draft a TDM Operations Guide and Program Manual to ensure compliance with the TDMP. See Appendix B for the 2022-23 TDM Operations Guide and Program Manual.
Castilleja is committed to implementing this TDMP in order to comply with the RLUA.
2. Performance Standards.
As required by the City Council in its June 6, 2022 motion, Castilleja School agrees to only use onsite and street parking along the perimeter of the school building for all parking. Castilleja can also utilize satellite parking. Castilleja School is responsible for no parking and no drop offs in unauthorized streets or areas and monitoring streets around the school for student parking and drop off compliance.
As mandated by COA 22, Castilleja School is held to the following trip performance standards:
● Average Daily Trips (ADT) Standard: The School’s Average Daily Trips (ADT) shall not exceed 1198 trips. (COA 22 a)
● AM Peak Trips Standard: The School’s AM Peak trips shall not exceed 383 trips. (COA 22 c)
● Per COA 24 b ii and 34c, exclusions to the to Performance Standards include:
○ Construction trips
○ Special and Major Events dates
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○ Non-school days
○ Summer School shall be separately reported and not averaged with the academic year
3. Data Collection Methodology.
● The School shall install permanent vehicle counter devices at the entrance/exit of all drop off locations on campus, surface parking lots, and the subterranean garage to:
○ count the number of vehicle trips arriving to the campus and exiting each day (COA 22 e); and
○ calculate Average Daily Trip (ADT) and AM Peak Trip Counts (COA 22 b, 22 d).
● For both ADT and AM Peak Trip counts the following exclusions will apply:
(COA 24 b ii and 34 c)
○ Construction trips
○ Special and Major Events dates
○ Non-school days
● ADT and AM Peak Trip Counts while summer school is in session will be reported separately and not averaged with the academic year (COA 24 b ii)
● The School shall install temporary vehicle counter devices in the public right of way at locations (Emerson, Bryant, and Kellogg) determined by the Director for each TDM monitoring report.
○ Data shall be collected for no less than seven consecutive days, determined by the Director, for each reporting period. (COA 22g) (COA 24 b iv) (COA 31)
○ The data collected by the counters shall be:
■ included in the TDM monitoring reports, and
■ used for ongoing monitoring and not to determine a violation of the CUP
○ The data collected from the temporary counter devices may inform future action regarding possible adjustments to the TDM plan. (COA 22 g)
○ After 15 years of monitoring, the Planning and Transportation Commission shall review whether this condition is still necessary. (COA 31)
● The School will preserve permanent vehicle counter data electronically for a period not less than three years. (COA 22 e)
● The vehicle counting devices shall be kept in working order. Malfunctioning devices shall be promptly fixed. (COA 22 e)
4. Reporting.
TDMP monitoring reports shall be prepared by the School and submitted to the Director of Planning and Development Services three times per academic year until:
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● the school has reached maximum enrollment, or within 5 students below maximum enrollment, for two consecutive years, and
● has consistently met the average peak hour and average daily trip rate standards. (COA 23, MM 7a)
Until the school reaches the maximum enrollment and has consistently met the trip standards, the reports will be provided to the City according to the following schedule (COA 23 a):
Start of Monitoring Period End of Monitoring Period Due Date July October December 15
November February April 15
March June August 15
Once the school reaches maximum enrollment for two consecutive years and has consistently met the trip standards, only two monitoring reports per academic year shall be required. (COA 23) The monitoring reports shall be provided to the City according to the following schedule (COA 23 b):
Start of Monitoring Period End of Monitoring Period Due Date July December February 1
January June August 1
After 15 years of monitoring, the Planning and Transportation Commission shall review whether COA 23, summarized above, is still necessary.
Monitoring Report Requirements:
● Describe all monitoring report requirements, including TDM Plan goals and performance measure targets and data collected. (COA 24 a)
● A simplified, easy to read compliance review matrix (COA 24 q) ● The following data and metrics:
○ Driveway volume counts by 15-minute increments (COA 24 b i) ○ Average weekday AM peak trips and average weekday daily trips for the monitoring period, excluding construction trips, Special Event and Major Event dates and non-school days; summer school shall be separately reported and not averaged with the academic Item 13
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year. (COA 24 b ii)
○ Total average daily weekday trips and AM weekday peak trips during the week that the campus frontage street segments are evaluated by the City (COA 24 b iii)
○ The average daily weekday traffic volumes on the campus frontage City street segments (except Embarcadero) – raw data provided to the City according to the reporting schedule (COA 24 b iv)
○ The dates and number of times the average weekday daily trips and/or AM weekday peak trips exceeded AM weekday peak
and/or ADT exceedance threshold, including any special, limited circumstances such as trips during construction. (COA 24 b v)
○ Rates of use of alternative transportation (% of mode split between bicycle, pedestrian, shuttles, etc.). (COA 24 b vi) ○ Parking conditions (number of spaces within the garage used, number of spaces within surface lots used, extent (counts) of on-street parking adjacent to the school and in the expanded parking study area). (COA 24 b vii)
○ Bicycle parking counts (supply and demand) and dates, times, & attendance of bicycle repair clinics. (COA 24 b viii) ○ Student drop-off/pick-up location counts and percentages by driveway and target distribution percentages. (COA 24 b ix, COA 22 j)
○ An electronically transmitted appendix to the report
containing the raw data from the driveway counting devices for the monitoring period. (COA 24 b x)
○ information on compliance with parking and drop-off
requirements, including parking or drop-off in the surrounding neighborhood. (COA 24 f)
○ Drop-off lane discharge rates, and the average and maximum lengths of ingress and egress queues in the four 15-minute increments prior to the first bell and the 15-minute increment following that bell. (MM 7a)
● The following descriptions of methodology:
○ How and where counts were conducted including any off-site data collected by an independent traffic engineering company. (COA 24 c)
○ Installation, calibration methods, function and proposed maintenance of permanent traffic counting devices. (COA 24 d)
○ How records of traffic counts are to be preserved electronically (COA 24 d)
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○ Frequency of posting of traffic count data to the School’s website for accessibility to City officials and the public. (COA 24 d)
○ Detailed explanation of the pick-up and drop-off process as well as target pick-up/drop-off distribution percentages. (COA 24 e)
○ Provide a map of each parking study area, and description of methodology employed to capture off-campus parking. (COA 24 i)
● The following descriptions of monitoring and safety operations:
○ The number of daily (while school is in session) onsite traffic attendants (COA 24 g)
○ Use of traffic safety warning devices. (COA 24 h)
○ On and off campus Parking Management Strategies, Traffic Circulation Management Strategies and Event Traffic
Procedures. (COA 24 j)
○ Traffic Monitor Staff are required to report any excessive vehicle queues, safety concerns, or other concerns or
recommendations to improve safety and circulation to the administration. (MM 7a)
● The following descriptions of TDM Strategies
○ Identify scope and breadth of TDM measures utilized. (COA 24 k)
○ Other programs provided by the school. (COA 24 l)
● The following additional information:
○ The number of enrolled students for the period covered by the report. (COA 24 m)
○ List the dates of special events that occurred in the period covered by the report, including times, attendance, and parking/traffic management efforts and results. (COA 24 n) ○ Copies of mailings to families regarding the
parking/traffic/pick-up/drop off policy, including traffic management for special events. (COA 24 o)
○ List of disciplinary consequences for students and parents who do not cooperate with the parking requirements. (COA 24 p) ○ Traffic Monitor Staff reports and Castilleja’s response to each shall be summarized in the traffic monitoring
reports. (MM 7a)
○ The School shall provide real time driveway counter data to the City, as directed by the Planning Director or the Office of Transportation. (COA 24 r)
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Enrollment:
● Prior to March 1st each year, the school will provide the Director of Planning and Development Services a letter from an independent auditor attesting to the number of students enrolled at the school, at the time of the audit, for the academic year. (COA 5)
● Prior to exceeding an enrollment of 450 students a traffic consultant will provide verification that at least 40% (+/-2%) of its students reside within a 5 mile radius of the campus. (COA 4 c, 22) Such verification will respect the privacy of the students.
Major and Special Event Reporting:
- Castilleja will post on their website and report to the city all Major and special events annually. (COA 21 a)
5. Required Mitigation Strategies.
Transportation Mode Mitigations:
● Develop a comprehensive incentive program for faculty, staff, and students for carpooling and using alternative means of transportation. (COA 25 a xxi, 21 a). Each academic year, the school will publish a TDM Operations Guide and Program Manual with the specific incentives selected from the menu of mitigation strategies which will include programs for faculty, staff and students.
● Provide roundtrip shuttle service to Caltrain stations for students and employees, with no less than two round-trips to Caltrain station for each schedule. (COA 22 h)
● Communicate shuttle schedules to volunteers coming to campus for committee meetings. (COA 25 a xviii)
● Juniors are not allowed to drive to school, except that the School may make up to 5 exceptions at any given time. (COA 22 m)
Parking Mitigations:
● School-related parking exclusively on campus, at designated off-site lots, and on the School side of adjacent streets. (COA 22 k, 25 a vi) ● Develop guidelines for use of satellite parking. The school will use best efforts to secure satellite parking from year to year and if/when secured, the school will provide further details in the annual ly published TDM Operations Guide and Program Manual . For any satellite parking that is beyond walking distance, the school will provide shuttles . (COA 22 o) ● Castilleja to experiment with an assigned parking program with designated areas for certain types of parking (i.e. student, employee, visitor). (COA 25 a xiii)
● Designated Visitor Parking Zone in the Administration Building lot. (COA 25 a xiv)
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asked where they are parked and redirected to the visitor's zones if necessary. (COA 25 a xiv)
● Parking plans for School committee meetings which bring volunteers to the campus. (COA 25 a xviii)
● Castilleja School agrees to be excluded from any future residential parking permit program. (RPP) Program. (COA 22 k)
Operations Related Mitigations:
● At the beginning of each semester, Castilleja shall register all student cars, distribute I.D. tags, and review the traffic and parking policies with student drivers. (COA 25 a x)
● At the beginning of every school year, Castilleja shall set aside scheduled time for all faculty and staff to register their cars, receive an I.D. tag and review the traffic and parking policies. (COA 25 a ix)
● Traffic entering or exiting the project site driveways on Bryant Street shall be restricted to right-turns. (MM 7a)
● Routinely monitor and reassess drop-off/pick-up assignments to balance traffic flows. (COA 22 j)
○ If vehicle queues are causing spillover into the public right of way on Bryant Street, Castilleja will modify the drop-off procedures and TDM program to include greater staggering of bell schedules or other strategies that would decrease vehicle trips or otherwise spread out the number of peak hour vehicle trips accessing the underground garage. (MM 7a 15)
● Parking Monitoring.
○ Once per day, School personnel shall monitor parking onsite and on surrounding public streets. (COA 25 a v)(COA 25 a vi)
○ Offenders shall be instructed to move their car and where to park.(COA 25 a v) (COA 25 a vi)
○ Monitors are responsible for traffic control, enforcing no parking/drop-offs in unauthorized streets/areas, and monitoring of streets around school for student parking or drop-offs. (COA 22 l) ● Traffic Monitoring.
○ Provide traffic monitors during peak drop-off, pick-up and for some special events. (COA 25 a iv, 22 l)
○ Monitors to educate students and parents and enforce the circulation related conditions of approval to keep surrounding streets clear of congestion. (COA 25 a iv)
○ Traffic monitor responsibilities:
■ wear a highly visible safety vest. (COA25 a iv)
■ direct vehicle and pedestrian movements into, within, and exiting the garage. (MM 7a)
■ direct cars to maintain a constant flow of traffic to avoid queueing on public streets (COA 25 a ii)
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● Other.
■ instructed parents to move out of the driveway if their daughter is not at the pick-up location and others are waiting. (COA 25 a xx, MM 7a)
■ report any excessive vehicle queues, safety concerns, or other concerns or recommendations to improve safety and
circulation to the administration. (MM 7a)
○ The School’s adjacent Emerson Street residential properties shall not be used for any School related purpose, including but not limited to, additional parking, deliveries or student pick-up or drop-off. (COA 13)
○ The School will coordinate with the Director of Planning and Development Services and the Chief Transportation Official to identify a traffic safety warning device to be used at the garage exit that will not generate excessive noise audible at neighboring residential properties to the greatest extent feasible. (COA 12 c) ○ Following the construction of the Academic Building, all deliveries and bus pick- ups and drop-offs shall be accomplished within designated pick-up/drop-off areas on campus. (COA 10)
Communication & Education Mitigations:
● Continuous education of staff, students, and families regarding the importance of an efficient and safe student drop-off operation to prevent excessive queuing in the garage. (MM 7a, COA 19)
● The School shall update its transportation and parking handbook/portal and distribute it annually to the parents of enrolled students in advance of the upcoming academic year. The handbook must contain all of the requirements in COA 25 a including the following information: (COA 25, 19) ○ Updated parking/traffic/pick-up/drop-off policy. (COA 25 a) ○ Parents shall be instructed not to double-park on street nor drop-off or pick up students in undesignated areas. (COA 25 a i) ○ Except for exiting the parking garage onto Emerson, parents shall be instructed not to make left turns in or out of driveways at peak times.
Signs shall be posted to indicate these turning rules (COA 25 a iii) ○ Castilleja students and parents shall be instructed to park exclusively either on campus, at designated off-site lots made available for School use, or on the School side of adjacent streets where parking is permitted. (COA 25 a vi)
○ Disciplinary consequences for students and parents who do not cooperate with the parking requirements. (COA 25 a vii)
● The Parent/Student Handbook shall be incorporated into the Castilleja School long range planning efforts and made part of the Board Policies and Procedures Manual. (COA 25)
● There must be a bi-annual communication to parents reminding them of the Item 13
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importance/purpose of the School’s TDM strategies. (COA 21 a) ● Castilleja shall continue its major transportation campaign with families to emphasize carpools and use of Castilleja buses and shuttles, Caltrain and other alternative means of transportation. Every Castilleja family shall receive information promoting carpooling and providing information to facilitate car/vanpooling in their immediate geographic area. (COA 25 a xii) ● Regular newsletters to parents will include a TDM section with any relevant updates to the TDM Policy or event parking requirements. (COA 25 a & MM 7a)
● Committee Meetings (COA 25 a xviii):
○ At the beginning of School committee meetings, a reminder of parking policies shall be announced to all attendees.
○ Anyone not following the policy shall be requested to move their car. ○ When meeting notices are sent to committee members, a parking reminder and shuttle schedule shall be included.
● Provide bicycle safety education for students, parents, and staff to encourage students and staff to ride bicycles to and from school (MM 7a 16) ● Host school-wide bicycle encouragement events (such as competitions, incentives, and other fun events) to support biking, walking, carpooling, and transit use. (MM 7a 17, Nyguard June 17, 2019)
● The transportation demand management program monitoring reports will be posted to the School’s website. (COA 16 d)
● The School will have a dedicated phone number and email address to be answered by someone affiliated with the School who will immediately respond to complaints regarding noise, special events, athletic competitions, traffic and parking or other neighborhood disturbances. (COA 17)
○ Communication regarding this phone number, email address, and a link to these COA’s, will be sent to all property owners and tenants within 600 feet of the School at the start of each academic year. (COA 17)
Summer Camp Mitigations:
● Drop- off and pick-up shall be conducted on-site. (COA 25 a xix) ● Castilleja personnel shall facilitate getting campers into vehicles and ensure all policies are followed. (COA 25 a xix)
● Castilleja shall give all summer camp families written instructions for a drop- off/pick-up procedure at the beginning of each camp session.(COA 25 a xix). ● Director of Summer Camp responsible for enforcing policies with parents. (COA 25 a xix)
Major and Special Event Parking Mitigation Measures: (COA 6 j) Castilleja will adhere to the following parking mitigation measures for our Major and Special Events.
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Major Event Mitigation (500+ guests per COA 6)
● Provide appropriate parking and shuttle service to CalTrain. (COA 25 a xvii) ● The CalTrain shuttle schedule and parking plan shall be included with other event information and shared with potential attendees. (COA 22 I, 25 a xvi, a xvii) ● For certain events as needed, make every effort to arrange off-site parking with nearby parking lots and provide shuttle service to the parking locations.
The availability of these lots is dependent on events and cooperation from lot owners. (COA 25 a xvii)
● Maximize on-site parking and use tandem parking and assisted or valet parking whenever feasible. (COA 25 a xvi)
● Provide traffic monitors and direct as much traffic as possible onto the school site, using tandem parking, and assisted or valet parking, allowing students to use all lots after hours, using the day-time loading zones for parking, and utilizing all resources to minimize impact to street parking. (COA 25 a xvii) ● Use traffic monitors to make sure that all vehicles park legally and safely when parking on the street. (COA 25 a xvi)
Special Event Mitigation (51-500 guests per COA 6)
● Special Event provisions in TDM plan shall apply to special events (COA 22 i) ● Provide roundtrip shuttle service for all special events to encourage attendees to use transit or a park and ride service. (COA 22 i)
● The CalTrain shuttle pick-up/drop-off locations and schedule, and parking plan shall be included with other event information and shared with potential attendees . (COA 22 i) ● Use Spieker Field for overflow parking as needed. (COA 25 a xi)
● A parking plan must be identified and listed on the event list provided to the City and posted to the website. (COA 6 i)
Per MM 4a Castilleja will follow parking mitigation measures related to major and special events per the following table: (COA 6 h, i)
Time of Day No of
Guests
Parking
Plan
Monitors
**
Shuttle
Service
Instructional
Hours*
50-80 X
Instructional
Hours
>80 X X X
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Outside
Instructional
Hours
>160 X X X
*Instructional hours= 7:00 a.m. - 6:00 p.m.
** Seven traffic monitors required for all events with more than 75 guests.
• Castilleja will continue to refine its calendaring process to plan school functions so special events with more than 100 attendees coming to campus do not fall on consecutive nights or weekends. (COA 25 a xv).
6. Fees for City Monitoring.
Before the start of each academic year and upon receipt of an invoice from the City, , the School shall fund the City’s installation of temporary vehicle traffic counter devices t. (COA 31)
In addition, within 30 days of receipt of an invoice from the City:
- Castilleja will deposit $15,000 with the City of Palo Alto to cover all City costs associated with periodic review of the school’s compliance with these conditions of approval.
- The deposit amount shall be replenished within 30 days after receiving notice from the City that the deposit balance is $5,000 or less. (COA 30)
7. Violations and Enforcement.
As more specifically outlined in COA 28, a violation of any term of the RLUA is a violation of the Palo Alto Municipal Code and the City has the right to initiate civil and/or criminal enforcement and/or abatement proceedings, or after notice and public hearing, revoke the approvals set forth in the RLUA or alter the COA’s/mitigation measures. In addition, in the event of a violation, the City may take appropriate enforcement actions, including but not limited to the imposition of administrative financial penalties. (COA 28)
The City may require Castilleja to suspend enrollment increases or reduce maximum enrollment if it finds the school in violation of any conditions of approval, including but not limited to the approved transportation demand management plan, anticipated student drop off distribution, or environmental mitigation measures, subject to the following criteria (COA 29)
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After the initial notice of violations Castilleja has 45 days to take corrective action and demonstrate compliance to
avoid a suspension in enrollment
Any determination to reduce or suspend
increases in enrollment from the Director
of Planning and Development Services
Must be made within 60 days of the initial
notice
An appeal to a determination to reduce or
suspend increases in enrollment
May be appealed in writing within 14 days
and would be subject to applicable fees
A final determination* to suspend increases
to or reduce enrollment made after the
start of the academic year and prior to
March 1
Shall apply to the next academic year
regardless of whether the School has
remedied any violations that were the
cause of the suspended enrollment.
Violations of ADT and AM Peak Trip
thresholds
May also be enforced according to
Mitigation measure 7a and COA 4
(Enrollment) and COA 34 (summarized
below)
*The term final determination used in this context includes the time to process an appeal, if filed.
Between CUP approval and attainment of enrollment of 535 students (5 students below maximum enrollment of 540 students), for 2 consecutive years, any violation of the AM Peak or ADT thresholds will be subject to the following schedule: (COA 34 a)
Violation Consequence
1st report showing Average AM Peak (383)
or ADT (1198) thresholds exceeded
Add an additional TDM measure as
determined by Castilleja
2nd consecutive report showing Average
AM Peak (383) or ADT (1198) threshold
exceeded
Add an additional TDM measure as
determined by the Director of Planning and
Development Services in consultation with
the Chief Transportation Official and
Castilleja
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3rd consecutive (and for each consecutive
violation thereafter) report showing
Average AM Peak (383) or ADT (1198)
threshold exceeded
Reduce enrollment by at least 5 students or
more as reasonably determined necessary
by the Director of Planning and
Development Services in consultation with
Chief Transportation Official to ensure
attainment in the next admissions cycle
Following attainment of the maximum enrollment or within 5 students below maximum enrollment, for two consecutive years, violation of the average AM Peak or ADT thresholds provided in Condition #22 shall be subject to the following schedule: (COA 34 b)
Violation Consequence
1st report showing Average AM Peak (383) or
ADT (1198) thresholds exceeded
Additional TDM measures shall be
required as determined by the Director of
Planning and Development Services in
consultation with the Chief
Transportation Official.
2nd consecutive report showing Average AM
Peak (383) or ADT (1198) threshold
exceeded
Additional TDM measures shall be
required as determined by the Director of
Planning and Development Services in
consultation with the Chief
Transportation Official.
3rd consecutive (and for each consecutive
violation thereafter) report showing Average
AM Peak (383) or ADT (1198) threshold
exceeded
Reduce enrollment by at least five (5)
students or more as reasonably
determined necessary by the Director of
Planning and Development Services in
consultation with Chief Transportation
Official to ensure attainment in the next
admission cycle.
If one report in a calendar year (February or
August) showing average AM Peak (383) or
ADT (1198) threshold exceeded and one or
two reports in the next calendar year showing an
exceedance of the same thresholds
Implement more intensive TDM measures
as determined by the Director of Planning
and Development Services in consultation
with the Chief Transportation Official.
If one report in a calendar year (February or
August) showing average AM Peak (383) or
ADT (1198) threshold exceeded and three
consecutive reports in the next two calendar
Reduce enrollment by up to 5% in the
next admission cycle or by up to 10%
over the next two admission cycles
combined as reasonably determined by
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years (February, August, February) showing
an exceedance of the same thresholds
the Director of Planning and Development
Services in consultation with Chief
Transportation Official to ensure
attainment of the AM Peak Hour and ADT
standards
Restoration of Student Enrollment. (COA 34 b v)
To restore student enrollment:
● Castilleja must demonstrate compliance with AM Peak and ADT thresholds for three consecutive reporting periods.
● Upon successful compliance, the Director of Planning and Development Services will determine the restoration schedule.
● The increase in enrollment shall not exceed the lesser of 25 students or the total number of reduced student enrollment.
● Following the restoration of enrollment, Castilleja’s enrollment increases can continue with 25 students per year.
Driveway Device Counter Maintenance.
• A device that is out of order or provides inaccurate data for more than 10 consecutive days shall be considered a violation of condition COA 22 e. (COA 22 e)
If Castilleja is in violation of trip rate standards, it may implement some or all of the following measures sufficient to attain the peak hour and trip rate standards. (MM 7a) ○ Late afternoon shuttle departures
○ Off-site drop-off/pick-up area
○ Expanded carpool/trip planning program
○ Additional off-site parking
○ Parking/Carpool Incentives program for employees
○ Alternative transportation information
○ Bike tune-up day and on-site repair stations
○ Guaranteed Ride Home Program
○ On-Site car or bike sharing program
○ Provide transit passes
○ Mandatory ridesharing
8. Oversight.
Planning and Transportation Commission Oversight.
After 15 years of monitoring:
● The Planning and Transportation Commission will review whether temporary vehicle devices in the public right of way are still necessary. (COA 31) Item 13
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● The Planning and Transportation Commission will review whether the TDM Monitoring report is still necessary. (COA 23)
Director of Planning and Development Oversight.
● After implementation of the TDMP, the Director of Planning and Development Services may, based on empirical data or other information that would reasonably impact the effectiveness of the TDMP, determine that one or more of the TDM strategies has become infeasible or ineffective. Upon such determination, the School shall propose an alternative measure(s) in consultation with the Director to achieve the intended performance of the replaced strategy or strategies. (COA 25)
● From time to time, the City may require supplemental traffic counts or studies to be funded by the School to assess and possibly redistribute student drop- off/pick-up to further limit impacts on surrounding streets. (COA 26)
Neighborhood Committee Requirements & Oversight. (COA 33) ● The City Council shall appoint a 3-person Neighborhood Committee that shall have advisory responsibility to review TDM reports and TDM plan performance.
● The Neighborhood Committee will convene within 30 days of submission of a TDM report and as needed to review
other issues within its purview.
● The Neighborhood Committee will provide any
recommendations to the planning and Development
Services Director within 14 days of meeting.
■ If the Committee is unable to convene or
provide a recommendation within the
timelines above, the Planning and
Development Services Director may act
without the recommendations of the
Committee.
■ Meetings of the Neighborhood Committee
shall be subject to the Brown Act.
● The Neighborhood Committee members shall live within
500 feet of the school and serve two year terms.
Castilleja Oversight for the Transportation Demand Management Plan. (COA 25 a viii) • Oversight for the Transportation Demand Management Plan shall be the responsibility of the Head of School
• Other staff may be assigned responsibilities regarding the daily operations and enforcement of the plan.
• At the beginning of each year Castilleja will provide the neighbors and the City with a list of individual contacts with emails and phone numbers of the staff members assigned this Item 13
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responsibility. (COA 17)
• A log will be kept of all communication and expressed concerns which are received and the School staff will review the log for trends and respond to remedy any problems. • Neighbors who feel their concern was not properly responded to, can contact the number the School publishes for complaints.
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Appendix A:
Transportation and Parking Related COA’s and Mitigation Measures
Transportation Demand Management Plan Condition of Approval (COA) or Mitigation Measure (MM) Introduction COA 20, 21 COA 21 e COA 27
Performance Standards
ADT and AM Peak Standards COA 22 a, c
Exclusions COA 24 b ii COA 34 c
Data Collection Methodology
Permanent Vehicle Counter Devices COA 22 b, d, e
Summer School Trip Counts COA 24 b ii
Temporary Vehicle Counter Devices COA 22 g COA 31 COA 24 b iv Preservation of Permanent Vehicle Counter Data COA 22 e Maintenance of Vehicle Counting Devices COA 22 e
TDM Reporting
Monitoring Periods and Deadlines COA 23 a,b
Reporting Requirements COA 24 a,b, f, g, q MM 7a COA 22 j Methodology COA 24 c - f COA 24 i
Monitoring and Safety Operations COA 24 g, h, j MM 7a
TDM Strategies COA 24 k, l
Additional TDM Reporting Requirements COA 24 m - p, r MM 7a Reporting Enrollment COA 22 n COA 4 c COA 5
Special Event Reporting COA 21 a
Required Mitigation Strategies
Comprehensive Incentive Program COA 25 a xxi COA 21 a
Roundtrip Caltrain Shuttle Service COA 22 h
Committee Meetings Parking COA 25 a xviii
Juniors Driving to Campus COA 22 m
Campus Parking Guidelines COA 22 k COA 25 a vi
Satellite Parking Guidelines COA 22 o
Assigned Parking Program COA 25 a xiii
Designated Visitor Parking COA 25 a xiv COA a xviii
Exclusion From Future Residential Parking Permit
Programs
COA 22 k
Car Registration COA 25 a ix COA 25 a x
Balancing Drop-off and Pick-up COA 22 j MM 7a - 15
Daily Parking Monitoring COA 25 a v, vi COA 22 l MM 7a
Limited Turning MM 7a COA 25 a iv
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All Deliveries and Buses at Designated Areas on
Campus
COA 10
Parking Monitor Responsibilities COA 25 a v, vi COE 25 a i,xx MM 7a, COA 22 l Traffic Monitor Responsibilities MM 7a, COA 22 l COA 25 a ii-iv, vi COA 25 a xx Use of Adjacent Housing Properties COA 13
Safety Warning Device COA 12 c
Communications and Education
Parking and Traffic Rules COA 25 a i-iii MM 7a COA 25 a vi, vii Schoolwide Bicycle Encouragement Events MM 7a - 16, 17
Student Parent/Guardian Handbook COA 25, 25 a COA 19
Student Parent/Guardian School TDM Communications COA 25 a, a xii COA 24 o COA 21 a Posting of the Monitoring Reports to the Website COA 16 d Dedicated Phone Number and Email and
Communication to Neighbors
COA 17
Event Mitigations
Major Event Parking COA 25 a xvi, xvii COA 6 a
Special Event Parking MM 4a, 7a COA 22 i, 25 a xi COA 6 h-j Special Event Caltrain Shuttle COA 22 i COA 25 a xviii
Special Event Calendar Process COA 25 a xv
Summer Camp
Summer Camp Parking COA 25 a xix
Fees for City Monitoring
Fees for City Monitoring COA 30 COA 31
Violations and Enforcement
Violations and Enforcement COA 28 COA 29 COA 34 a, b
Restoration of Enrollment COA 34 b v
Vehicle Counting Devices Monitoring COA 22 e
Potential Additional TDM MM 7a
Oversight
Planning and Transportation Commission COA 31 COA 23
Director of Planning and Development Services COA 25 COA 26 Neighborhood Committee COA 33
Castilleja School COA 25 a viii COA 17 COA 25
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Appendix B:
Castilleja School 2022-23 TDM Operations Guide & Program Manual Item 13
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Castilleja School
2022-23
Transportation Demand Management
Operations Guide & Program Manual
An annual consolidation of Castilleja School TDM mitigation practices & requirements
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TDM CONDITIONS OF APPROVAL and MM REQUIREMENTS
This Castilleja 2022 -23 Transportation Demand Management (TDM) Operations Guide and Program Manual (“Operations Guide”) enumerates all aspects of the School’s TDM program for the 2022-23 school year. This Operations Guide was developed in the context of the City of Palo Record of Land Use Action (“RLUA”) dated June 8, 2022 and the Final TDM Plan required by the Conditions of Approval and the Mitigation Measures. [Note: A reference summary of TDM related Conditions of Approval (COA’s) and the Mitigation Measures is provided in Table A, attached to this Operation Guide].
OVERVIEW OF TDM PROGRAMS & OPERATIONS MANAGEMENT
This Operations Guide provides an overview of the planned mitigation strategies for the 2022- 23 academic year to achieve our AM peak trip threshold of 383 trips and our Average Daily Trip (ADT) threshold of 1198 . It contains appropriate measures and elements consistent with other Palo Alto, Santa Clara County, and regional commute programs, as well as the required COA’s and Mitigation Measures required by the RLUA. The goal is that by implementing the strategies listed in this Operations Guide, Castilleja will successfully reduce trip counts and impact to the neighborhood.
The Operations Guide is categorized in the following sections:
I. Modes of Transportation
II. Communication and Education
III. Traffic and Parking Management
IV. School Operations
V. Monitoring and Reporting
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Modes of Transportation
CARPOOLING
Castilleja actively encourages carpooling for employees, students, and parents/guardians. For employees, we offer cash incentives to those who commute with two or more in a car not in the same family. For students and parents/guardians we have programs in place to support the matching of families. In addition, Castilleja offers carpoolers in electric vehicles priority in using chargers in the employee parking lot.
• Student Carpool Facilitation: Castilleja’s student carpool matching efforts include a parent representative who contacts households that live near an active carpool or live near other homes to help foster a carpool arrangement between these families. Parents looking for a carpool match can fill out the online form located on our website. A member of our parent community uses the survey results to help facilitate carpool matching.
• Carpool Facilitator Parties: Castilleja will organize small, informal carpool matching parties in neighborhoods where a high concentration of families live at the start of every school year.
• Employee Carpool Facilitation : Castilleja has a spreadsheet for employees on the Employee Transportation Portal for employees wishing to find a carpool partner.
WALKING AND BIKING
Castilleja actively encourages walking and biking to school for both students and employees that live within a 2 -mile radius of campus. For employees we offer a cash incentive for walking or biking to school. For employees and students, we provide on -site bike repair equipment and conduct bike safety and maintenance clinics.
• Bicycle and Pedestrian Connections: Bicycling and walking are an alternative to the private automobile. They are also zero-emission modes of transport and, therefore, every trip converted from a car to a bike or walk helps our air quality. Castilleja supports and encourages biking and walking programs. Our new campus will incorporate bicycle lanes and paths to promote bike commuting and walking.
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• Bicycle Parking: Castilleja provides more than
100 secure bicycle facilities which is currently more
than enough bike parking for all of our students and
employees who wish to commute to Castilleja by
bicycle. For our campus remodel Castilleja plans to
install 140 Class II secure bicycle parking facilities for bicycle commuters. Castilleja counts bicycle parking
daily. As the demand for bicycle facilities expands,
Castilleja will add more racks to accommodate the
growing number of bicycle commuters.
• Bicycle Repair Fix It Station: Castilleja has a bicycle Fix-it station in the maintenance office. The bike Fix -it station includes an air compressor and a bike repair kit. We have staff that will assist any students or employees that need help with maintaining their bike.
• Bicycle Tune Up Day: Castilleja hosts two free events during the school year with a local bicycle shop or mobile service to provide free bicycle mini -tune-up or maintenance checks for all students, faculty, and staff. Tune-up events help promote the Bike -to- School Days campaign.
• Bicycle Safety Education: Castilleja hosts a bicycle safety education class taught by staff or a local bicycle advocacy organization twice per year. The bike safety workshop will review bike riding basics, family biking tips, and general bike mechanics.
• On-Campus Bikesha re: Castilleja currently has two school -owned bicycles for employees to use for lunchtime recreation or daytime errands.
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• Walking or Biking to Campus Guidelines : Castilleja provides safe route mapping for biking and walking to school to students and employees. According to WalkScore.com, Castilleja rates a 72 out of 100 as a "very walkable" location. Shown below are guidelines for walking or biking to campus.
BIKING AND WALKING SAFE ROUTES MAP
TRANSIT, VAN, AND SHUTTLES.
• Free School Bus and Van Service: Castilleja offers free school bus and van service from Burlingame, San Mateo, Woodside, Portola Valley, the Los Altos region, East Palo Alto, and Menlo Park. This free service is available to students and employees. The school bus routes are listed on the Castilleja transportation resource portal, Castilleja.org/transportation-portal.
• Caltrain Shuttle Van: Castilleja operates three to four last-mile van pick-up services for students and employees traveling to and from school via Caltrain. The van picks students and employees up at the Palo Alto University Avenue Caltrain Station in the morning and provides return service to the station after school. The Caltrain shuttle schedule can be found on our transportation portal Castilleja.org/transportation-portal.
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• Student Parent/Guardian Incentive Program: We currently offer our school bus/van and shuttle services free of charge to our students and employees. We will continue to monitor our current routes and look for opportunities to add routes as needed.
Communication and Education
CASTILLEJA TDM RESOURCE PORTAL WEBPAGE
• Castilleja Commuter Resource Webpage (Portal): Castilleja maintains web pages containing transportation resources and policy information for parents/guardians, students, and employees. Traffic reduction is a priority for the school. All school community members must abide by the school's TDM plan, posted on the Employee, and Parent/Guardian po rtals. The portals include instructions regarding all parking, car registration, and traffic circulation guidelines and the expectations that students, parents, and employees make every effort to reduce their transportation impact.
• Employee Portal TDM Webpage: Our employee transportation and parking TDM webpage contains some of the following information:
o Parking requirements for employees who bring a car to campus o Information about our loaner bicycles
o TDM pledge and trip reduction policy
o Describes our 2022/23 employee incentive program
o Links to: Bus/Van/Shuttle Schedules and Vehicle Registration
• Parent/Guardian Portal Transportation Webpage: Our parent/guardian transportation portal page contains some of the following information:
o Traffic and trip reduction policy
o Parking guidelines
o Who can drive to campus (Seniors only)
o Our van/bus shuttle program and links to the schedule o Link to our vehicle registration form
STUDENT PARENT TDM COMMUNICATIONS
• Student TDM Communications: At the start of each semester Castilleja will remind Seniors that they must register all cars that will be driven to campus and review the traffic and parking policies.
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• Student Parent/Guardian School TDM Communications: Castilleja sends out letters, emails, flyers, and our weekly newsletter communications to inform students and parents/guardians of the following:
o Upcoming commuter fairs
o Commuter policies
o Transportation & free bus/shuttle services
o Parking updates and information
o Annual survey’s
o School traffic TDM requirements
o Alternative options to consider such as biking, walking, carpooling or using the free bus/shuttle service
• Student Parent Traffic Reduction Policy: At the start of each school year and the second semester families receive communication about the importance of limiting the school’s traffic impact on the surrounding neighborhood through transportation marketing materials, the handbook, and our TDM Transportation portal page. All students and parents are encouraged to carpool, ride Caltrain, and use the school’s buses and shuttles. Students who live near campus are encouraged to walk or ride a bike to school.
• Student Parent Handbook TDM Information : At the start of each school year students and parents/guardians are provided a handbook with our traffic rules and consequences for non -compliance. All students and parents/guardians are required to sign a form attesting that they have received and read the handbook.
CASTILLEJA NEWS TRANSPORTATION SECTION NEWSLETTER
• Castilleja's Weekly Newsletter: CastiNews is Castilleja’s weekly newsletter and includes information about events, parking, and traffic minimization. CastiNews goes to all students, parents/guardians and employees and includes a transportation and parking section. This section is used to provide traffic and parking updates for special events or any general updates as needed.
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Traffic and Parking Management
PARKING RESTRICTIONS
• Restrict Student Driving and Parking on Campus : Juniors are prohibited from driving and parking on or around campus however 5 exceptions to this rule are allowed at any given time for students that have extenuating circumstances. • Campus Parking: Students, parents/guardians, visitors and employees are informed that they may only park on campus, in the schools remote lots, and on the school side of the street around campus.
• Designated Student and Employee Parking Program: The school has created dedicated student parking in the senior lot and employee parking in the Kellogg/Emmerson lot. In addition, Castilleja has reserved EV Parking for employees that carpool and drive an Electric Vehicle. All visitors to campus are instructed to use the Admin Lot.
• Visitor Parking Lot: The area in front of the Administration Building has been designated as the visitor parking zone. All visitors to campus are instructed to use this parking lot.
OFF-CAMPUS PARKING
• Remote Parking Facilities: Castilleja currently leases 25 parking spaces at First Presbyterian Church for use by employees allowing them to park and walk to campus.
Castilleja also currently leases 15 parking spaces at University AME Zion Church for students and employees. There is a shuttle that runs between the church and the school in the morning and multiple times in the afternoon.
• Rules for parking at the off-campus lots:
First Presbyterian Church
❖ Parking is allowed 6:30 a.m. - 6:00 p.m.
❖ No moving your car to campus during the school day
❖ Be respectful of the neighborhood: Keep quite when returning to your car.
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AME Zion Church
❖ Parking is allowed 6:00 a.m. – 8:00 p.m.
❖ Sign up the day before to schedule shuttle service
❖ Be respectful of the neighborhood: Keep quite when returning to your car or waiting for the shuttle.
SPECIAL EVENT PARKING MANAGEMENT
• Special Event Parking and Traffic Management: Castilleja will review the parking and traffic requirements for each special event included in our special event list provided to the City at the start of the school year.
Castilleja will implement our special event parking management mitigation measures (listed below) for events that fall into the following categories,
1. Major Events
2. Special Events taking place 8:30 a.m. - 2:30 p.m., with greater than 100 guests
3. Special Event taking place outside of instructional hours with greater than 160 guests
• Special Event Parking Mitigation Measures:
✓ Provide traffic monitors to make sure that all vehicles park legally and safely. ✓ Provide shuttles to Caltrain and publish the shuttle schedule in Casti News. ✓ Make every effort to arrange off-site parking with nearby parking lots and provide shuttle service to and from the parking locations. The availability of these off-site parking locations will be communicated to attendees via Casti News Transportation section.
✓ Use the athletic field for overflow parking when needed.
A nighttime and weekend supervisor lives in housing near the school to supervise traffic and parking during evening and weekend events. The employee is also on call should an unforeseen disruption occur. Below is an event parking map.
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• Parking for School Committee Meetings: For school committee meetings Castilleja will coordinate a parking plan and shuttle schedule. The parking plan and shuttle schedule will be communicated included in committee member communications. At the start of these meetings leaders will be instructed to remind guests of our parking policies and ask guests that are not parked in an approved location to move their cars.
SUMMER CAMP PARKING AND TRAFFIC MANAGEMENT
• Summer Camp Parking Mitigation Measures: Summer camp drop-off and pick-up will be conducted on campus. Camp employees will facilitate getting campers into vehicles and ensure all parking/traffic policies are being followed. It will be the responsibility of the Director of Summer Camp to enforce the policies with parents.
TRAFFIC RULES, ENFORCEMENT, MONITORING AND MANAGEMENT
• Daily Traffic Management: Castilleja uses school employees and security guards to help enforce all of our traffic rules. Castilleja traffic monitors will be identified by wearing a highly visible safety vest. During peak traffic times in the morning and afternoon Castilleja uses a total of eight attendants to enforce the following rules and safety measures:
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o Right turn only rule into and out of campus driveways and parking lots o Make sure cars do not back up on Kellogg, Bryant, Emerson or Embarcadero o No double parking in the neighborhood
o No drop-off/pick-up of students outside of approved drop-off locations o No blocking the neighbor driveways at any time.
o Maintain traffic flow in driveways. Drivers are directed to circle the block and return if their student is not at the pick-up location. o Monitor the exit onto Bryant street to assure that the bike route is kept safe upon exiting.
• Traffic Monitor Training: At the beginning of the school year school traffic monitors are trained on the above procedures as well as being instructed to report any excessive vehicle queues, safety concerns, or other concerns or recommendations to improve safety and circulation.
• Daily Onsite and Surrounding Public Street Parking Oversight: At least once per day traffic attendants will monitor parking onsite and on surrounding public streets.
Any offenders are notified to move their car and added to our viol ation list for follow up if necessary.
• Student Drop-off and Pick Up Distribution: Castilleja has multiple drop-off and pick up locations. Morning drop -offs and afternoon pick -ups are positioned in separate locations depending on grade level, carpool, and multi grade level families. Families who carpool use the priority loading area in the Employee Lot located by the pool. Castilleja attempts to distribute a portion of users at drop -off/pick-up areas (43% Bryant St, 30% Kellogg Ave, and 27% Bry ant St. onto Emerson St.) to manage peak -hour traffic more efficiently. Castilleja will routinely monitor and reassess the drop-off/pick-up assignments to balance traffic flow and mitigate any back up onto the surrounding streets.
School Operations
Transportation Coordinators : Castilleja has designated two staff members to support the school's transportation facilities and programs. One staff person has a primary responsibility to oversee and manage transportation programs for the school. A second staff member aids and supports the transportation coordinator.
Vehicle Registration and Permitting: Vehicle registration and permitting are required for all students, parents/guardians, and employees. The Transportation Portal, under the Vehicle Registration link, completes the registration process. Upon registration a parking sticker is issued which must be affixed to the lower right-hand corner of the car’s windshield.
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EMPLOYEE TDM POLICY
• Start of School Year Employee TDM Communication: At the start of each school year Castilleja sets aside time for employees to register their cars, receive their I.D. tags and review the traffic and parking policies.
• Employee TDM Handbook: At the beginning of each school year, all Castilleja employees receive an Employee Policy Handbook. The handbook contains a section that describes the TDM rules employees are expected to follow to comply with the TDM related COA’s and Mitigation Measures. All employees are encouraged to walk, ride a bike, carpool, take the train, or use the various Castilleja shuttles to campus and abide by all transportation demand programs outlined in the Transportation Section of our Employee Portal and Employee Handbook.
• Employee TDM Reduction Pledge – Mandatory Participation: For the 2022-23 school year we are asking all employees to commit to doing one of the following, at least four times a week:
1. Commute by means other than a car (walk, bike, take the train, or use Castilleja van/bus transportation)
2. Carpool with two or more non-family members
3. Park in one of the remote parking lots
Employees who cannot fulfill one of the options above at least four days a week, are required to sign up to help with traffic duty on days when they need to park on campus. • Employee TDM Commitment Survey: All employees are sent a survey at the beginning of the school year and asked to identify which of the above options they plan to commit to. When employees check-in to our school’s computer system each morning they are asked a survey question regarding their mode of transportation for that day. We use this information to monitor TDM compliance and to calculate incentives for using alternative forms of transportation.
• New Employee TDM Orientation Packet: As new employees arrive at Castilleja, they are supplied with a TDM Orientation Packet. This packet covers commuting to campus, preferred transport modes, commuting by car limitations, TDM monitoring and participation, and the importance of the TDM Requirements.
• Employee Transit Benefits : Employees can elect Commuter Transit benefits.
Castilleja will provide employees up to $92.50 per pay period (maximum of $185 a month) towards their commute costs when they use public transportation to commute to and from Castilleja at least 4 days a week. Funds will be issued directly to a debit card Item 13
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by our administrator, HRPro and spending deemed to be commuter funds would be limited to the purchase of a Clipper Card, or SamTrans or BART passes or transit parking. • Employee Incentive Program: Castilleja actively encourages carpooling and alternative means of transportation to sc hool. Employees earn $2.50 for each day they bike, walk, park remotely, carpool, or take public transportation. Employees must record their daily mode of transportation via the VisitU app. We use this data to calculate our TDM incentives and for TDM Plan Reporting.
• Employee TDM Expense Reimbursement: Employees are eligible for a $50 annual employee reimbursement to defray the cost of their TDM compliance. The reimbursement covers bike tires, inner tubes, rain boots, helmets, bike gear, bike tune - ups, transit costs, walking shoes, or fuel costs for carpool or vanpools.
Monitoring and Reporting
• Permanent Vehicle Counter Devices: Castilleja installed permanent vehicle counter devices at the entrances and exits of drop-off locations, surface parking lots, and garages.
Castilleja will monitor the number of vehicle trips to and from campus during the peak morning hours.
• Temporary Vehicle Counter Devices: From time to time, Castilleja will install temporary vehicle counter devices in the public right of way at locations determined by the City Planning Director.
• Annual Student Travel Mode Assessment Transportation Survey: Annually, Castilleja will conduct an online survey of students and parents to understand better commute patterns and programs that might encourage them not to drive alone to campus. The findings of each survey will help inform the selection of strategies that may have the most significant impact on reducing future vehicle trips to campus and parking demand. The academic year-end Castilleja TDM Monitoring Report will include the annual student (parent and employee) travel mode survey data.
• City Costs Associated with Annual Compliance Review: Castilleja will deposit $15,000 with the city to cover all city costs associated with the annual review of the school's compliance report.
• Monitoring Report: Compiled TDM and travel data will generate a descriptive monitoring report for the City, according to the below chart. However, only the academic year-end monitoring report will include the annual student, parent, and employee commuter survey and mode-use survey data.
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Appendix A:
Transportation and Parking Related COA’s and Mitigation Measures
Transportation Demand Management Plan
Condition of Approval (COA) or Mitigation Measure
(MM)
Introduction COA 20, 21 COA 21 e COA 27
Performance Standards
ADT and AM Peak Standards COA 22 a, c
Exclusions COA 24 b ii COA 34 c
Data Collection Methodology
Permanent Vehicle Counter Devices COA 22 b, d, e
Summer School Trip Counts COA 24 b ii
Temporary Vehicle Counter Devices COA 22 g COA 31 COA 24 b iv Preservation of Permanent Vehicle Counter Data COA 22 e Maintenance of Vehicle Counting Devices COA 22 e
TDM Reporting
Monitoring Periods and Deadlines COA 23 a,b
Reporting Requirements COA 24 a,b, f, g, q MM 7a COA 22 j Methodology COA 24 c - f COA 24 i
Monitoring and Safety Operations COA 24 g, h, j MM 7a
TDM Strategies COA 24 k, l
Additional TDM Reporting Requirements COA 24 m - p, r MM 7a Reporting Enrollment COA 22 n COA 4 c COA 5
Special Event Reporting COA 21 a
Required Mitigation Strategies
Comprehensive Incentive Program COA 25 a xxi COA 21 a
Roundtrip Caltrain Shuttle Service COA 22 h
Committee Meetings Parking COA 25 a xviii
Juniors Driving to Campus COA 22 m
Campus Parking Guidelines COA 22 k COA 25 a vi
Satellite Parking Guidelines COA 22 o
Assigned Parking Program COA 25 a xiii
Designated Visitor Parking COA 25 a xiv COA a xviii
Exclusion From Future Residential Parking Permit
Programs
COA 22 k
Car Registration COA 25 a ix COA 25 a x
Balancing Drop-off and Pick-up COA 22 j MM 7a - 15
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Daily Parking Monitoring COA 25 a v, vi COA 22 l MM 7a
Limited Turning MM 7a COA 25 a iv
All Deliveries and Buses at Designated Areas on
Campus
COA 10
Parking Monitor Responsibilities COA 25 a v, vi COE 25 a i,xx MM 7a, COA 22 l
Traffic Monitor Responsibilities
MM 7a, COA 22 l
COA 25 a ii-iv,
vi
COA 25 a xx
Use of Adjacent Housing Properties COA 13
Safety Warning Device COA 12 c
Communications and Education
Parking and Traffic Rules COA 25 a i-iii MM 7a COA 25 a vi, vii Schoolwide Bicycle Encouragement Events MM 7a - 16, 17
Student Parent/Guardian Handbook COA 25, 25 a COA 19
Student Parent/Guardian School TDM
Communications
COA 25 a, a xii
COA 24 o
COA 21 a
Posting of the Monitoring Reports to the Website COA 16 d Dedicated Phone Number and Email and
Communication to Neighbors
COA 17
Event Mitigations
Major Event Parking COA 25 a xvi, xvii COA 6 a
Special Event Parking MM 4a, 7a COA 22 i, 25 a xi COA 6 h-j Special Event Caltrain Shuttle COA 22 i COA 25 a xviii
Special Event Calendar Process COA 25 a xv
Summer Camp
Summer Camp Parking COA 25 a xix
Fees for City Monitoring
Fees for City Monitoring COA 30 COA 31
Violations and Enforcement
Violations and Enforcement COA 28 COA 29 COA 34 a, b
Restoration of Enrollment COA 34 b v
Vehicle Counting Devices Monitoring COA 22 e
Potential Additional TDM MM 7a
Oversight
Planning and Transportation Commission COA 31 COA 23
Director of Planning and Development Services COA 25 COA 26 Neighborhood Committee COA 33
Castilleja School COA 25 a viii COA 17 COA 25
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60 S. Market Street | Suite 700 | San José, CA 95113 | (408) 278-1700 | Fax (408) 278-1717 www.fehrandpeers.com
Memorandum
Date: June 5, 2024
To: Jonathan Lait and Amy French, City of Palo Alto
From: Robert Eckols, Principal
Subject: Trip Monitoring for Castilleja School Perimeter Parking SJ24-2276
Fehr & Peers has been providing Castilleja School with transportation planning & engineering services since the spring of 2012 when we began to monitor morning peak hour vehicle trip activity at the school’s driveways. We continued to do biannual (fall and spring) monitoring of the morning peak hour vehicle trip activity until fall 2019, when the monitoring paused during the Covid 19 pandemic (2020 and 2021). The vehicle trip monitoring between 2012 and 2019 was only morning peak vehicle trips at the school driveways and daily activity was not monitored.
In fall 2022, we resumed monitoring Castilleja School trip activity. However, Castilleja was operating under a new Conditional Use Permit (CUP) approved by the Palo Alto City Council in June 2022. The new CUP set an upper limit of 383 vehicle trips during the morning peak arrival hour and 1,198 average daily trips (ADT).
A question has been raised about the need and ability to monitor school trips generated by the on-street parallel parking along the frontages of the school property, to include in the total morning and daily trip counts and then compared to the CUP trip caps. There are a number of reasons that the on-street parking trips should not be included in the ongoing monitoring and that only permanent driveway counters should be used for trip monitoring:
1. Conditions of Approval 22 b, d and e set forth the only mechanisms in the CUP (i.e., permanent driveway counters) to be used for accounting trips, as follows:
“b. Data from permanent driveway counters placed at all entrance and exit driveways will be used to calculate ADT. Refer to condition 24 regarding the monitoring report for the ways ADT shall be calculated. A violation of the ADT target occurs when the average daily trip for a reporting period exceeds 1,198 trips.”
“d. Data from permanent driveway counters placed at all entrance and exit driveways will be used to calculate AM Peak Trips. Refer to condition 24 regarding the monitoring report Item 13
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Mindie Romanowski
June 5, 2024