CITY COUNCIL
Special Meeting
Monday, September 23, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Request to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
CLOSED SESSION (5:30 ‐ 7:00 PM)
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
BREAK (15 MINUTES)
PUBLIC COMMENT (7:15 ‐ 7:45 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:45 ‐ 7:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from September 9, 2024 Meeting
3. Adopt an Ordinance Amending the Municipal Fee Schedule to Modify the Calculation for Park, Community Center and Library Development Impact Fees From per Unit to per Square Feet for Residential Development. CEQA Status: Exempt Pursuant to 15061(b)(3).
4. Approval of Four (4) Professional Services Contracts for Reliability and Resiliency On‐Call Services for a Period of Up to 5 Years to Support the Implementation of Palo Alto’s Reliability and Resiliency Strategic Plan as Needed: 1) Contract Number C25189412A with Buro Happold in an Amount Not to Exceed $450,000; and 2) C25189412B with EcoMotion, C25189412C with Energeia, and C25189412D with Energy and Environmental Economics, Inc. (E3), in an Amount Not to Exceed $250,000 (Each); CEQA Status – Not a Project.
5. Approve a Revised Project Boundary for the Ongoing Downtown Housing Plan Project.
CEQA Status: Exempt per 15061(b)(3)
6. Approval of Contract Amendment Number 3 to Seven Contracts in the amount of $750,000 for On‐Call Services to Provide Expertise for Long‐Range Planning Projects, Application Processing, Environmental Review, and Other Planning Analysis in the Planning and Development Services Department. CEQA Status: Not a Project.
7. Approval of Two Audits as Recommended by the Policy & Services Committee: Public Safety Construction Audit and Parking Permit Technology Contracts Audit
8. Adoption of an Ordinance Updating Palo Alto Municipal Code Chapter 4.64 (Permits for Retailers of Tobacco Products) to Conform with County Amendments and Approval of the Updated Agreement Between the County of Santa Clara and City of Palo Alto for a Tobacco Retail Permit Program; CEQA Status – Not a Project
9. REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
ACTION ITEMS (8:10 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Review the Procurement Process Review Audit and Supplemental Information Regarding Competitive Solicitation Outcomes and Approve the Audit
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 2 (April ‐ June 2024) Report
12. City of Palo Alto's Energy Risk Management Report for the first half of Fiscal Year 2024 (July 1, 2023‐December 31, 2023).
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED / SUPPLEMENTAL AGENDA ITEMS
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
9. SUPPLEMENTAL REPORT: REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
1 September 23, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, September 23, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Request to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
CLOSED SESSION (5:30 ‐ 7:00 PM)
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
BREAK (15 MINUTES)
PUBLIC COMMENT (7:15 ‐ 7:45 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:45 ‐ 7:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from September 9, 2024 Meeting
3. Adopt an Ordinance Amending the Municipal Fee Schedule to Modify the Calculation for Park, Community Center and Library Development Impact Fees From per Unit to per Square Feet for Residential Development. CEQA Status: Exempt Pursuant to 15061(b)(3).
4. Approval of Four (4) Professional Services Contracts for Reliability and Resiliency On‐Call Services for a Period of Up to 5 Years to Support the Implementation of Palo Alto’s Reliability and Resiliency Strategic Plan as Needed: 1) Contract Number C25189412A with Buro Happold in an Amount Not to Exceed $450,000; and 2) C25189412B with EcoMotion, C25189412C with Energeia, and C25189412D with Energy and Environmental Economics, Inc. (E3), in an Amount Not to Exceed $250,000 (Each); CEQA Status – Not a Project.
5. Approve a Revised Project Boundary for the Ongoing Downtown Housing Plan Project.
CEQA Status: Exempt per 15061(b)(3)
6. Approval of Contract Amendment Number 3 to Seven Contracts in the amount of $750,000 for On‐Call Services to Provide Expertise for Long‐Range Planning Projects, Application Processing, Environmental Review, and Other Planning Analysis in the Planning and Development Services Department. CEQA Status: Not a Project.
7. Approval of Two Audits as Recommended by the Policy & Services Committee: Public Safety Construction Audit and Parking Permit Technology Contracts Audit
8. Adoption of an Ordinance Updating Palo Alto Municipal Code Chapter 4.64 (Permits for Retailers of Tobacco Products) to Conform with County Amendments and Approval of the Updated Agreement Between the County of Santa Clara and City of Palo Alto for a Tobacco Retail Permit Program; CEQA Status – Not a Project
9. REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
ACTION ITEMS (8:10 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Review the Procurement Process Review Audit and Supplemental Information Regarding Competitive Solicitation Outcomes and Approve the Audit
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 2 (April ‐ June 2024) Report
12. City of Palo Alto's Energy Risk Management Report for the first half of Fiscal Year 2024 (July 1, 2023‐December 31, 2023).
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED / SUPPLEMENTAL AGENDA ITEMS
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
9. SUPPLEMENTAL REPORT: REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
2 September 23, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, September 23, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Request to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
CLOSED SESSION (5:30 ‐ 7:00 PM)
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
BREAK (15 MINUTES)
PUBLIC COMMENT (7:15 ‐ 7:45 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:45 ‐ 7:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from September 9, 2024 Meeting
3. Adopt an Ordinance Amending the Municipal Fee Schedule to Modify the Calculation for Park, Community Center and Library Development Impact Fees From per Unit to per Square Feet for Residential Development. CEQA Status: Exempt Pursuant to 15061(b)(3).
4. Approval of Four (4) Professional Services Contracts for Reliability and Resiliency On‐Call Services for a Period of Up to 5 Years to Support the Implementation of Palo Alto’s Reliability and Resiliency Strategic Plan as Needed: 1) Contract Number C25189412A with Buro Happold in an Amount Not to Exceed $450,000; and 2) C25189412B with EcoMotion, C25189412C with Energeia, and C25189412D with Energy and Environmental Economics, Inc. (E3), in an Amount Not to Exceed $250,000 (Each); CEQA Status – Not a Project.
5. Approve a Revised Project Boundary for the Ongoing Downtown Housing Plan Project.
CEQA Status: Exempt per 15061(b)(3)
6. Approval of Contract Amendment Number 3 to Seven Contracts in the amount of $750,000 for On‐Call Services to Provide Expertise for Long‐Range Planning Projects, Application Processing, Environmental Review, and Other Planning Analysis in the Planning and Development Services Department. CEQA Status: Not a Project.
7. Approval of Two Audits as Recommended by the Policy & Services Committee: Public Safety Construction Audit and Parking Permit Technology Contracts Audit
8. Adoption of an Ordinance Updating Palo Alto Municipal Code Chapter 4.64 (Permits for Retailers of Tobacco Products) to Conform with County Amendments and Approval of the Updated Agreement Between the County of Santa Clara and City of Palo Alto for a Tobacco Retail Permit Program; CEQA Status – Not a Project
9. REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
ACTION ITEMS (8:10 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Review the Procurement Process Review Audit and Supplemental Information Regarding Competitive Solicitation Outcomes and Approve the Audit
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 2 (April ‐ June 2024) Report
12. City of Palo Alto's Energy Risk Management Report for the first half of Fiscal Year 2024 (July 1, 2023‐December 31, 2023).
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED / SUPPLEMENTAL AGENDA ITEMS
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
9. SUPPLEMENTAL REPORT: REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
3 September 23, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, September 23, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Request to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
CLOSED SESSION (5:30 ‐ 7:00 PM)
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
BREAK (15 MINUTES)
PUBLIC COMMENT (7:15 ‐ 7:45 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:45 ‐ 7:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from September 9, 2024 Meeting
3. Adopt an Ordinance Amending the Municipal Fee Schedule to Modify the Calculation for Park, Community Center and Library Development Impact Fees From per Unit to per Square Feet for Residential Development. CEQA Status: Exempt Pursuant to 15061(b)(3).
4. Approval of Four (4) Professional Services Contracts for Reliability and Resiliency On‐Call Services for a Period of Up to 5 Years to Support the Implementation of Palo Alto’s Reliability and Resiliency Strategic Plan as Needed: 1) Contract Number C25189412A with Buro Happold in an Amount Not to Exceed $450,000; and 2) C25189412B with EcoMotion, C25189412C with Energeia, and C25189412D with Energy and Environmental Economics, Inc. (E3), in an Amount Not to Exceed $250,000 (Each); CEQA Status – Not a Project.
5. Approve a Revised Project Boundary for the Ongoing Downtown Housing Plan Project.
CEQA Status: Exempt per 15061(b)(3)
6. Approval of Contract Amendment Number 3 to Seven Contracts in the amount of $750,000 for On‐Call Services to Provide Expertise for Long‐Range Planning Projects, Application Processing, Environmental Review, and Other Planning Analysis in the Planning and Development Services Department. CEQA Status: Not a Project.
7. Approval of Two Audits as Recommended by the Policy & Services Committee: Public Safety Construction Audit and Parking Permit Technology Contracts Audit
8. Adoption of an Ordinance Updating Palo Alto Municipal Code Chapter 4.64 (Permits for Retailers of Tobacco Products) to Conform with County Amendments and Approval of the Updated Agreement Between the County of Santa Clara and City of Palo Alto for a Tobacco Retail Permit Program; CEQA Status – Not a Project
9. REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
ACTION ITEMS (8:10 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Review the Procurement Process Review Audit and Supplemental Information Regarding Competitive Solicitation Outcomes and Approve the Audit
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 2 (April ‐ June 2024) Report
12. City of Palo Alto's Energy Risk Management Report for the first half of Fiscal Year 2024 (July 1, 2023‐December 31, 2023).
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED / SUPPLEMENTAL AGENDA ITEMS
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
9. SUPPLEMENTAL REPORT: REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
4 September 23, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, September 23, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Request to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
CLOSED SESSION (5:30 ‐ 7:00 PM)
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
BREAK (15 MINUTES)
PUBLIC COMMENT (7:15 ‐ 7:45 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:45 ‐ 7:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from September 9, 2024 Meeting
3. Adopt an Ordinance Amending the Municipal Fee Schedule to Modify the Calculation for Park, Community Center and Library Development Impact Fees From per Unit to per Square Feet for Residential Development. CEQA Status: Exempt Pursuant to 15061(b)(3).
4. Approval of Four (4) Professional Services Contracts for Reliability and Resiliency On‐Call Services for a Period of Up to 5 Years to Support the Implementation of Palo Alto’s Reliability and Resiliency Strategic Plan as Needed: 1) Contract Number C25189412A with Buro Happold in an Amount Not to Exceed $450,000; and 2) C25189412B with EcoMotion, C25189412C with Energeia, and C25189412D with Energy and Environmental Economics, Inc. (E3), in an Amount Not to Exceed $250,000 (Each); CEQA Status – Not a Project.
5. Approve a Revised Project Boundary for the Ongoing Downtown Housing Plan Project.
CEQA Status: Exempt per 15061(b)(3)
6. Approval of Contract Amendment Number 3 to Seven Contracts in the amount of $750,000 for On‐Call Services to Provide Expertise for Long‐Range Planning Projects, Application Processing, Environmental Review, and Other Planning Analysis in the Planning and Development Services Department. CEQA Status: Not a Project.
7. Approval of Two Audits as Recommended by the Policy & Services Committee: Public Safety Construction Audit and Parking Permit Technology Contracts Audit
8. Adoption of an Ordinance Updating Palo Alto Municipal Code Chapter 4.64 (Permits for Retailers of Tobacco Products) to Conform with County Amendments and Approval of the Updated Agreement Between the County of Santa Clara and City of Palo Alto for a Tobacco Retail Permit Program; CEQA Status – Not a Project
9. REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
ACTION ITEMS (8:10 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Review the Procurement Process Review Audit and Supplemental Information Regarding Competitive Solicitation Outcomes and Approve the Audit
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Accessory Dwelling Unit (ADU) ‐ 2024 Quarter 2 (April ‐ June 2024) Report
12. City of Palo Alto's Energy Risk Management Report for the first half of Fiscal Year 2024 (July 1, 2023‐December 31, 2023).
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED / SUPPLEMENTAL AGENDA ITEMS
1. Tentative: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Authority: Cal. Gov. Code section 54957(b);
Title: City Attorney, City Clerk
Item Removed Off Agenda
AA1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Authority: Cal. Gov. Code section 54957(b)(1)
Titles: City Manager, City Attorney and City Clerk
New Item Added
9. SUPPLEMENTAL REPORT: REINTRODUCED FIRST READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters 18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (PREVIOUSLY INTRODUCED: August 5, 2024 PASSED 6‐1, Kou no) Supplemental Report Added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
5 September 23, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 23, 2024
Report #:2409-3471
TITLE
Approval of Minutes from September 9, 2024 Meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: September 9, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
Item 2
Item 2 Staff Report
Item 2: Staff Report
Pg.
1 Packet Pg. 6 of 324
CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
September 09, 2024
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Veenker Tanaka arrived at 5:32 P.M.
Present Remotely:
Absent:
Special Orders of the Day
1. Proclamation Honoring SMART Week - August 26-30, 2024
NO ACTION
Agenda Changes, Additions and Deletions
Public Comment
Council Member Questions, Comments and Announcements
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Numbers 5 and 9.
MOTION: Vice Mayor Lauing moved, seconded by Council Member Lythcott -Haims to approve Agenda Item Numbers 2-13.
MOTION PASSED ITEMS 5, 9: 6-1, Tanaka no
Item 2
Attachment A -
September 9, 2024 Draft
Action Minutes
Item 2: Staff Report
Pg.
2 Packet Pg. 7 of 324
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 09/09/2024
MOTION PASSED ITEMS 2-4, 6-8, 10-13: 7-0
2. Approval of Minutes from June 3, June 10, August 12, and August 19, 2024 Meetings
3. Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount of Greenhouse Gas Allowances in the California Cap -and-Trade Auction to Satisfy the City's Gas Utility Compliance Obligations to an Amount Not -to-Exceed of $6,000,000 per Year; CEQA Status: Not a Project
4. CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at 431-433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the Local Historic Inventory.
5. Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for a Total Not -to-Exceed Amount of $478,041 to Purchase two (2) Portable Power Generators for Water Pump Stations in the Amount of $458,031; and Authorize the City Manager or Their Designee to Negotiate and Execute Change Orders in the Amount of $20,000 for Related Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA Guidelines Section 15301 (Minor Alteration of Existing Facilities)
6. Approval of Professional Services Contract C25192226 with Magical Bridge Foundation in an Amount Not -to Exceed $150,000 to Provide Recreational Programming (“Magical Services”) for a Term of One Year; CEQA Status – Not a project.
7. Approval of Professional Services Contract Number C25191297 with Kittelson & Associates for a Not -to-Exceed Amount of $499,491 for the Bicycle and Pedestrian Railroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two -Years; CEQA Status – categorically exempt.
8. Approval of the Updated City Council Procedures and Protocols Handbook Amendments as Directed by City Council on May 13 and May 20, 2024
9. Approval of Contract Amendment No. 4 to Contract Number C19170648 with Salas O'Brien Engineers , Inc., for Professional Design Services, to Add Services and Increase Compensation by $99,200 for a New Not -to-Exceed Amount of $659,597, and to Extend the Schedule for Performance Through December 31, 2026, for the 12kV Electrical Distribution Network Rehabilitation Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital Improvement Program Project (WQ-19002); CEQA Status – Exempt Under Section 15301
10. Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLC in the Amount of $499,530 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not-to-Exceed Amount of $49,953 for Site Work Item 2
Attachment A -
September 9, 2024 Draft
Action Minutes
Item 2: Staff Report
Pg.
3 Packet Pg. 8 of 324
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 09/09/2024
for the Cubberley Field Restroom (CB -17002) and Cubberley Repairs (CB -17001) Projects; CEQA status – Exempt Under CEQA Guidelines Section 15303
11. Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizing an OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature software for a One-Year Term Not-To-Exceed Amount of $125,965. CEQA: Not a project
12. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PA MC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRST READING: August 12, 2024 PASSED 7-0)
13. SECOND READING: 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 (FIRST READING: August 19, 2024 PASSED 7-0)
City Manager Comments
Ed Shikada, City Manager
Closed Session
14. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION
In the Matter of the Appeal of the City of Palo Alto (Donatus Okhomina) Occupational Safety and Health Appeals Board Inspection No. 1445287 (One Case, as Appellant)
Authority: Government Code Section 54956.9(d)(1)
15. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Potential litigation regarding refund of parking in -lieu fees paid by Hamilton Real, LLC in connection with development of 240 -248 Hamilton Avenue, as set forth in letter dated
May 15, 2024 from David Lanferman, Esq.
Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)
One Case, as Defendant
16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Government Code Section 54956.8.
Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District
Item 2
Attachment A -
September 9, 2024 Draft
Action Minutes
Item 2: Staff Report
Pg.
4 Packet Pg. 9 of 324
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 09/09/2024
City Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai) Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment
17. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori
Post, Molly Stump, and Jennifer Fine) Employee Organization: International Association of
Fire Fighters (IAFF) local 1319, Fire Chiefs Association (FCA), Peace Officers Association of Palo Alto (POPOA), Police Management Association (PMA); Authority: Government Code
Section 54957.6 (a)
MOTION: Council Member Burt moved, seconded by Council Member Veenker to go into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 6:11 P.M.
Council returned from Closed Session at 9:48 P.M.
Mayor Stone announced no reportable action.
Adjournment: The meeting was adjourned at 9:48 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Act ion minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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Action Minutes
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: September 23, 2024
Report #:2408-3404
TITLE
Adopt an Ordinance Amending the Municipal Fee Schedule to Modify the Calculation for Park, Community Center and Library Development Impact Fees From per Unit to per Square Feet for Residential Development. CEQA Status: Exempt Pursuant to 15061(b)(3).
RECOMMENDATION
Staff recommends that City Council:
a) Review the attached Supplement to the Development Impact Fee Justification Study (Attachment A)
b) Adopt an ordinance amending the City’s FY2025 Adopted Municipal Fee Schedule to update the Parks, Community Center, and Library impact fees from per unit to per square feet for residential development (Attachment B).
EXECUTIVE SUMMARY
Based on prior Council direction, staff recommends that the City Council adopt an ordinance amending the FY2025 Municipal Fee Schedule to modify the calculation of Park, Community Center, and Library Development Impact Fees for residential development from a per dwelling unit basis to a per square foot basis. This change is in response to AB 602, which mandates a more equitable distribution of impact fees based on development size. This amendment aligns with the City’s newly certified Housing Element and addresses Program 3.1: Fee Waivers and Adjustments, aimed at balancing the need for public facility funding with the promotion of housing affordability. The new fee structure, if adopted, would take effect on November 25, 2024.
BACKGROUND
Under the Mitigation Fee Act (Assembly Bill (AB) 1600), cities can charge new development for its relative share of the cost to fund the acquisition of land and improvements to public facilities. These fees are established based on the nexus between impacts caused by new development and the improvements to mitigate those impacts that would be funded by the established fee.
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In 2020, the Community Services Department retained DTA, formerly David Taussig & Associates, to prepare a nexus study to update the Parks, Community Center, and Library Impact Fees. The initial study1 was implemented in August 2021, and in May 2022, DTA prepared and presented a supplemental analysis2 to address several policy items based on Finance Committee’s request. This included direction to update the fees from the initial analysis to address new legislation, AB 602, which came into effect in January 2022. AB 602 was designed to provide new statewide requirements for local jurisdictions seeking to impose development impact fees and articulated additional guidance on how local agencies comply with their impact fee obligations. In June 20223, Council directed staff to convert residential Parks, Community Center, and Library Impact Fees to reflect a per square foot basis from a per unit basis.
In February 2024, the Planning and Development Services Department engaged with DTA to prepare an additional analysis to further comply with AB 602 for these fees. The non-residential fees for these categories are currently charged on a per square foot basis and are not subject to the new legislation as this portion of AB 602 more narrowly focuses on impacts related to residential development.
ANALYSIS
Prior to the initial nexus study that was implemented in August 2021, the City’s Park, Community Center, and Library Development Impact fees had not been updated since its inception in 2001. As a result of the updated nexus study and Council adopted fee levels, beginning FY2022, the Palo Alto development community experienced a substantial increase in the Parks Impact Fee driven by the current fair market value of land as well as modest increases to the Community Center and Library Impact Fees (Table 1).
Table 1: Impact of Initial Nexus Study on Development Impact Fees - FY2021 vs FY2022 Year Residential Land Use
Type
Parks
(Per Unit)
Community
Center (Per Unit)
Library
(Per Unit) Total
Single-Family $ 13,103 $ 3,499 $ 1,187 $ 17,789 Single-Family > 3,000 SF $ 19,565 $ 5,086 $ 1,766 $ 26,417 Multi-Family ≤ 900 SF $ 4,337 $ 1,128 $ 390 $ 5,855 FY2020 -
2021
Multi-Family > 900 SF $ 8,577 $ 2,235 $ 710 $ 11,522 Single-Family per unit $ 57,420 $ 4,438 $ 2,645 $ 64,503 FY2021 - 2022 Multi-Family per unit $ 42,468 $ 3,283 $ 1,956 $ 47,707 Source: City of Palo Alto, FY2021 and FY2022 Municipal Fee Schedule 1 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12163.pdf
2 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/finance- committee/2022/20220503/20220503pfcslinked.pdf
3 https://www.cityofpaloalto.org/files/assets/public/v/6/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220613/20220613pccsm-final-amended-linked.pdf#page=53 Item 3
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Conversion of the residential impact fees will support further compliance with AB 602 and more proportionately impact new residential development based on development size rather than a single amount per dwelling unit, regardless of size. For further details on the nexus study methodology and guidance on AB 602, refer to Attachment A: Second Supplement to the Development Impact Fee Justification – Assembly Bill (“AB”) 602 Compliance.
Using Palo Alto’s building permit data from 2013 to 2024, DTA calculated the average residential square footage for single-family and multi-family residential units constructed in the Palo Alto within the last 11 years. The average square footage per single-family and multi-family unit was determined to be 3,602 and 1,124 square feet, respectively. These units were divided into the Park, Community Center, and Library Impact Fee per dwelling units (Table 2) to generate the new per residential square foot fee.
Table 2: FY2025 Council-Approved Development Impact Fees – Current Fees Current Fees Parks Community
Center Library Total
Single-Family (Per Unit) $ 67,650 $ 5,229 $ 3,116 $ 75,995 Multi-Family (Per Unit) $ 50,034 $ 3,868 $ 2,304 $ 56,206 DTA’s analysis resulted in two frameworks for implementation – distinct rates and a consolidated rate. Both options are AB 602 compliant and reflect the current maximum justifiable fee levels that may be imposed by the City on new development under the new statutory requirements.
A distinct residential fee structure for single-family and multi-family fees is generally used when (1) there is sufficient building permit data available and (2) a jurisdiction can anticipate the number of projected units per residential land use type. This framework more proportionately reflects the size and impact of the residential units. Table 3 provides the recommended fees in this framework as well as sample impact fees based on residential land use type and square footage.
Table 3: Framework 1 – Distinct Rates and Sample Impact Fees Distinct Fees Parks Community
Center Library Total
Single Family (Per Sq. Ft.) $ 18.78 $ 1.45 $ 0.87 $ 21.10 3000 $ 56,340.00 $ 4,350.00 $ 2,610.00 $ 63,300.00 3602 $ 67,645.56 $ 5,222.90 $ 3,133.74 $ 76,002.20 4000 $ 75,120.00 $ 5,800.00 $ 3,480.00 $ 84,400.00 Multi-Family (Per Sq. Ft.) $ 44.50 $ 3.44 $ 2.05 $ 49.99 850 $ 37,825.00 $ 2,924.00 $ 1,742.50 $ 42,491.50 1124 $ 50,018.00 $ 3,866.56 $ 2,304.20 $ 56,188.76 1400 $ 62,300.00 $ 4,816.00 $ 2,870.00 $ 69,986.00 Item 3
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A single consolidated residential fee structure is generally used when (1) a jurisdiction may not have sufficient building permit data or (2) may not be able to project the type of future development. Table 4 provides the recommended fee in this framework as well as sample impact fees based on residential square footage, regardless of land use type.
Table 4: Framework 2 – Consolidated Rate and Sample Impact Fees Consolidated Fees Parks Community
Center Library Total
Residential (Per Sq. Ft.) $ 22.68 $ 1.75 $ 1.04 $ 25.47 850 $ 19,278.00 $ 1,487.50 $ 884.00 $ 21,649.50 1124 $ 25,492.32 $ 1,967.00 $ 1,168.96 $ 28,628.28 2000 $ 45,360.00 $ 3,500.00 $ 2,080.00 $ 50,940.00 3602 $ 81,693.36 $ 6,303.50 $ 3,746.08 $ 91,742.94 4000 $ 90,720.00 $ 7,000.00 $ 4,160.00 $ 101,880.00 DTA was able to evaluate and present both frameworks due to the large sample of building permit data available from Palo Alto. Because these are proposed maximum fee levels, City Council has the discretion to determine which framework and fee level to adopt, including imposing a lower fee.
Staff recommends implementation of the Parks, Community Center, and Library Impact Fees using the distinct rate fee structure because this framework more proportionately reflects the size and impact of the land use type and is in further compliance with AB 602. The intent of AB 602 is to ensure that impact fees are more proportional to the size of new development and distinguishing the rates by land use type allows for a more precise assessment of impact fees.
Both frameworks will lower the fees for smaller developments regardless of land use type. As illustrated in Table 3 and 4 above, DTA’s analysis demonstrates that when imposing a consolidated fee, the financial magnitude of the impact is more beneficial to multi-family compared to single-family development. Although the consolidated framework may encourage multi-family development and increase housing inventory in Palo Alto, it may also result in the under-collection of impact fees necessary to finance planned facilities As noted in the City’s newly certified Housing Element4, high fees can impede housing production by increasing the per unit cost of development, impacting projected returns and potentially discouraging new home building. Conversion of this fee will complete one of the objectives under Program 3.1: Fee Waivers and Adjustments in the Housing Element.
Subsequently, as part of the Housing Element program implementation, the City will be preparing an economic feasibility study to analyze implications that all development impact fees may have on housing production. These fees will be included in the assessment, and based 4 https://paloaltohousingelement.com/wp-content/uploads/2024/07/Palo-Alto-Housing-Element-6.pdf Item 3
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on the study, Council may adjust fees and/or development standards to enable a reasonable return on investment and ensure sufficient fee collection to support city services.
FISCAL/RESOURCE IMPACT
Development impact fees provide funding for capital improvements in parks, community facilities, and libraries to mitigate the impacts of new development in the community.
Revenues fluctuate each year based on the amount of residential and non-residential development occurring in Palo Alto. Currently, staff and DTA is not able to forecast revenue impacts due to the variability of development and changing economic conditions. DTA has provided an illustrative example using last fiscal year’s permitting data to demonstrate the financial impact of the fee conversion. Although the likely outcome of this transition is decreased revenue for the parks, community facilities, and library impact fees, the updated fee model will also likely incentivize greater housing production in support of the affordability of residential development.
Table 5: Estimated Revenue Calculation – Current Fee Schedule Fee Category Land Use Type Proposed Fee per Unit Total Est. Revenues1 Park SFD $67,650.00 $1,353,000.00Community Center SFD $5,229.00 $104,580.00Library SFD $3,116.00 $62,320.00Total SFR2 $1,519,900.00Park MFD $50,034.00 $0.00Community Center MFD $3,868.00 $0.00Library MFD $2,304.00 $0.00Total MFR3 $0.00$1,519,900.00Notes:1. Estimate, subject to change based on actual new development that occurs in FY 2024-25.2. Assumes approximately 20 new single-family residential units in FY 2023-24.3. Based on actual number of new multi-family units in FY 2023-24; however, these figures are for illustrative purposes only, as the City anticipates that MFD will increase in future fiscal years and subsequently, the revenues for multi-family development.
Total Estimated Residential Revenues
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Table 6: Estimated Revenue Calculation – AB 602 Compliant Fee
POLICY IMPLICATIONS
City Council has the authority to charge new development for its relative share of the cost of specific public facilities, as calculated based on a nexus study and pursuant to state law requirements. Council also has the authority to restructure fees based on articulated City policies within legal limits and economic feasibility. The information provided in this report allows Council to evaluate and adjust the City’s Development Impact Fees for Parks, Community Centers, and Libraries.
Based on Government Code § 66017, new or increased development impact fees go into effect no sooner than 60 days after adoption. Should Council adopt the recommended fee conversion, these fees are expected to be effective on November 25th.
STAKEHOLDER ENGAGEMENT
The Community Services Department presented the initial nexus study and supplemental report for review to the Parks and Recreation Commission and Finance Committee between December 2020 and May 2022. On June 13, 2022, Council directed supplemental work related to the conversion of fees outlined in this report.
ENVIRONMENTAL REVIEW
The recommended actions are not considered a project as defined by the California Environmental Quality Act pursuant to CEQA regulation 15061(b)(3). The projects in the original 2021 nexus study associated with these fees have been fully analyzed as part of City’s 2030 Comprehensive Plan and its Environmental Impact Report as well as the City’s Parks and Open Space Master Plan and its Mitigated Negative Declaration; no further CEQA analysis is necessary.
Fee Category Land Use Type Proposed Fee per Sq. Ft. Total Est. Revenues1 Park SFD $18.78 $699,273.30Community Center SFD $1.45 $53,990.75Library SFD $0.87 $32,394.45Total SFR2 $785,658.50Park MFD $44.50 $0.00Community Center MFD $3.44 $0.00Library MFD $2.05 $0.00Total MFR3 $0.00$785,658.50Notes:1. Estimate, subject to change based on actual new development that occurs in FY 2024-25.2. Assumes approximately 37,235 square feet of new single-family residential development occurred in FY 2023-24.
Total Estimated Residential Revenues
3. Based on actual number of new multi-family square footage in FY 2023-24; however, these figures are for illustrative purposes only, as the City anticipates that MFD will increase in future fiscal years and subsequently, the revenues for multi-family development.
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ATTACHMENTS
Attachment A: Second Supplement to the Development Impact Fee Justification – Assembly Bill (“AB”) 602 Compliance
Attachment B: Impact Fee Conversion Ordinance
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 3
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www.FinanceDTA.com
Irvine | San Jose | San Francisco | Riverside | Dallas | Houston | Raleigh | Tampa
MEMORANDUM
August 20, 2024
To: City of Palo Alto
From: DTA
Subject: Second Supplement to the Development Impac t Fee Justification Study – Assembly Bill (“AB”) 602 Compliance
A Background
DTA, formerly David Taussig & Associates, was retained by the City of Palo Alto (the “City”) to prepare a Development Impact Fee (“DIF” or “Fee”) Justification Study (the “Study”) in 2020. This Study was adopted by the City Council and the proposed fee schedule was implemented in August 2021. In January 2022, DTA prepared a follow-up analysis in the form of a Supplement to the Development Impact Fee Justification Study (the “Supplement”) that addressed a number of items requested by City Council. Additional detail related to these tasks can be found in Attachment 2.
B Second Supplement to DIF Study
In September 2023, the City requested that DTA prepare and issue this Second Supplement to the Development Impact Fee Justification Study (the “Second Supplement”) to address the requirements of Assembly Bill (“AB”) 602, which was approved by the California State Legislature and signed by the Governor in 2021 and provides new statewide requirements for local jurisdictions seeking to impose development impact fees on development projects.
The Mitigation Fee Act, AB 1600, establishes specific requirements that local officials must follow in establishing, increasing, or imposing development fees. Specifically, local officials must conduct a “nexus study” to demonstrate a “reasonable relationship” between the fees and public facilities funded by the fees, and the development project on which the fees are assessed. AB 602 is designed to provide additional guidance on how local agencies comply with their impact fee obligations, which affects the methodology used to calculate DIFs. Key portions of the bill affecting future DIF calculations are summarized below:
On or after January 1, 2022, fee justification studies must identify the existing level of service (“LOS”) for each public facility, identify the proposed new LOS, and (if proposed new LOS is greater than existing LOS) include an explanation of why the new LOS is necessary.
For housing development projects, nexus studies adopted after July 1, 2022, must calculate the amount of fees based on square footage of proposed units of the development, unless the local agency demonstrates that another metric is more appropriate. The bill would require that a “local agency that calculated fees proportionally to the square footage of the proposed units be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by development.” This would also apply to multi-family residences.
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2 City of Palo Alto August 20, 2024
Second Supplement to the Development Impact Fee Justification Study
The bill also requires the Department of Housing and Community Development (“HCD”), on or before January 1, 2024, to create an impact fee nexus study template that may be used by local jurisdictions to calculate their fees. The bill requires that the template include a method of calculating the feasibility of housing being built with a given fee level. The template must be compl eted by 2024, and local jurisdictions will have the option (it will not be required) to use the HCD template.
The bill authorizes any member of the public, inclu ding an applicant for a development project, to submit evidence that the city, county, or other local agency had failed to comply with the Mitigation Fee Act. The bill requires the legislative body of the city, county, or other local agency to consider any timely submitted evidence and authorize the legislative body to change or adjust the proposed fee or fee increase, as specified.
If a nexus study supports the increase of an existing fee, the local agency shall review the assumption of the nexus study supporting the original fee and evaluate the amount of the fees collected under the original fee.
Large jurisdictions (county population greater than 250,000) and cities within those counties must adopt a capital improvement plan as part of the nexus study.
Nexus studies shall be updated at least every 8 years from the period beginning January 1, 2023.
Importantly, AB 602 does not apply to (i) water and sewer connection and capacity charges, (ii) school fees, (iii) Quimby fees for parks, and (iv) Mello-Roos or other taxes. These other fees, taxes, and charges are subject to their own statutory accountability measures.
B.1 Standards -Based Fee Methodology
The methodology used to establish the Park, Community Center, and Library Fees outlined in the Study adopted in 2021 was based on “standards,” where costs are based on existing LOS. This Standards-Based Methodology establishes a generic unit cost for capacity which is then applied to each land use per the existing LOS. The LOS is based on the existing number of applicable units, such as square feet of building space or acres of land or per resident for each facility. This standard is not based on cost but rather on a standard of service. The Standards-Based Methodology ensures that City facilities are appropriately developed and sized so that future residents and employees do not cause a reduced LOS by unduly burdening the infrastructure system, thus leading to decay and deterioration. This methodology provides several advantages, including not needing to know the cost of a specific facility, how much capacity or service is provided by the current system, or having to commit to a specific size of the facility. Another advantage of this methodology is that it does not involve the planning of any future facilities. This methodology assigns 100% of the fees to new development and allows the City to apply the fee revenue to any project. Additionally, this methodology complies with the requirements of AB 602.
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17000-02975 1/25/2019 Residential New - SF Finaled
LOT 3 575 MAYBELL: PLAN 1, NEW SINGLE FAMILY DWELLING (2275 SF) WITH BASEMENT (1670 SF), ATTACHED GARAGE (216 SF) AND COVERED PORCHES (495 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. ***Plan check done under 17000-02973***
4,161
17000-02976 1/25/2019 Residential New - SF Finaled
LOT 4 587 MAYBELL: PLAN 4, NEW SINGLE FAMILY DWELLING (2296 SF) WITH BASEMENT (1978 SF), ATTACHED GARAGE (218 SF) AND COVERED PORCHES.
SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. ***Plan check done under 17000-02974***
4,492
17000-02983 11/8/2018 Residential New - SF Finaled
LOT 10, 4135 ORCHARD: PLAN 3, NEW SINGLE FAMILY DWELLING (2304 SF) WITH BASEMENT (1773 SF), ATTACHED GARAGE (214 SF) AND COVERED PORCHES (667 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. ***Plan review done under 17000-02980***
4,291
17000-02984 6/27/2019 Residential New - SF Finaled
LOT 11, 4139 ORCHARD: PLAN 3, NEW SINGLE FAMILY DWELLING (2304 SF) WITH BASEMENT (1773 SF), ATTACHED GARAGE (214 SF) AND COVERED PORCHES (584 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. ***Plan review done under 17000-02980***
4,291
17000-02985 7/12/2019 Residential New - SF Finaled
LOT 12, 4150 ORCHARD: PLAN 3, NEW SINGLE FAMILY DWELLING (2304 SF) WITH BASEMENT (1773 SF), ATTACHED GARAGE (214 SF) AND COVERED PORCHES (650 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. ***Plan review done under 17000-02980***
4,291
17000-02986 7/25/2019 Residential New - SF Finaled
LOT 13, 4158 ORCHARD: PLAN 3, NEW SINGLE FAMILY DWELLING (2304 SF) WITH BASEMENT (1773 SF), ATTACHED GARAGE (214 SF) AND COVERED PORCHES (624 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. ***Plan review done under 17000-02980***
4,291
17000-02990 8/28/2019 Residential New - SF Finaled
LOT 16, 4188 ORCHARD: PLAN 8, NEW SINGLE FAMILY DWELLING (2308 SF) WITH BASEMENT (1533 SF), ATTACHED GARAGE (214 SF) AND COVERED PORCHES (217 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. ***Review done under 17000-02979***
4,295
16000-02610 9/30/2021 Residential New - SF Permit Issued NEW 2 STORY SFR 5169 SF W/ BASEMENT 3008 SF AND ATTACHED GARAGE 571 SF 8,748
16000-03225 6/16/2020 Residential New - SF Finaled NEW 2-STORY SFR (4,045 SF), FULL BASEMENT (3060 SF), WITH ATTACHED TWO CAR GARAGE (447 SF) 7,552
17000-01002 6/6/2019 Residential New - SF Finaled ONE STORY HOUSE (2213 SF) (WITH 17000-01211 DETACHED GARAGE (223 SF)) 2,213 17000-02833 9/17/2018 Residential New - SF Finaled
NEW SINGLE FAMILY HOME (2431 SF) WITH BASEMENT (1184 SF) ADD (N) BOILER WATER HEATING SYSTEM 3,615
17000-02981 5/7/2019 Residential New - SF Finaled
LOT 9, 4131 ORCHARD: PLAN 7, NEW SINGLE FAMILY DWELLING (2290 SF) WITH BASEMENT (1476 SF), AND COVERED PORCHES (188 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER.
3,766
17000-02987 8/28/2019 Residential New - SF Finaled
LOT 14, 4168 ORCHARD: PLAN 6, NEW SINGLE FAMILY DWELLING (1986 SF) WITH BASEMENT (1276 SF), AND COVERED PORCHES (166 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER.
3,428
17000-02989 8/28/2019 Residential New - SF Finaled
LOT 15, 4178 ORCHARD: PLAN 2, NEW SINGLE FAMILY DWELLING (2185 SF) WITH BASEMENT (1787 SF), ATTACHED GARAGE (214 SF) AND COVERED PORCHES (424 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. 4,186
17000-03128 9/27/2018 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE 237SF 3,704 18000-02300 12/3/2018 Residential New - SF Finaled
NEW 2-STORY SINGLE FAMILY RESIDENCE (2418 SF) WITH COVERED PORCH (347 SF) ATTACHED GARAGE (232 SF) WITH TANKLESS WATER HEATER AND A/C. 2,650 19000-02306 10/27/2021 Residential New - SF Permit Issued NEW SFR (FACTORY BUILT) APPROXIMATELY 2667 SQ FT WITH SITE BUILT ATTACHED GARAGE 297 SF AND SITE BUILT SCREEN PORCH 695 SF **Two approved plan set one is the state approved stamped set one is the PA approved set for the porch and garage, inspectors to review both*** 2,964
17000-01543 9/20/2018 Residential New - SF Finaled NEW 2 STORY SFR 3440 SF W/ BASEMENT 2082 SF AND ATTACHED GARAGE 312 SF 5,834
18000-02385 9/30/2021 Residential New - SF Permit Issued TWO-STORY HOUSE (3272 SF) WITH ATTACHED GARAGE (68 SF), UNCONDITIONED BASEMENT (199 SF) 3,539
18000-03079 4/15/2019 Residential New - SF Finaled NEW 2-STORY HOUSE (2486.7 SF) WITH ATTACHED GARAGE (213 SF) 2,700 18000-03246 4/17/2019 Residential New - SF Finaled
NEW TWO-STORY SFD (2548 SF), WITH ATTACHED GARAGE ( 293 SF) No grading permit required/PW will stamp plans when all departments have approved and building is ready to issue.
2,841
18000-03250 8/2/2019 Residential New - SF Finaled NEW 2-STORY WOOD FRAMED HOUSE (2472 SF), WITH ATTACHED GARAGE (214 SF) WITH FULL BASEMENT (1702 SF) 18-3250 4,388
19000-00322 7/25/2019 Residential New - SF Finaled NEW TWO-STORY HOUSE (4313 SF) WITH ATTACHED GARAGE (427 SF), WITH BASEMENT (2932 SF), 7,672
19000-00396 6/5/2019 Residential New - SF Finaled NEW TWO-STORY HOUSE (2758 SF) WITH BASEMENT (1668 SF) 4,426 19000-01258 9/18/2019 Residential New - SF Finaled NEW TWO-STORY HOUSE (3521 SF) WITH BASEMENT (2216 SF) 5,737 17000-02973 11/8/2018 Residential New - SF Finaled
LOT 1: PLAN 1, NEW SINGLE FAMILY DWELLING (2275 SF) WITH BASEMENT (1670 SF), ATTACHED GARAGE (216 SF) AND COVERED PORCHES (497 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. ++++Structural calcs and supplemental documentation in Annie's overhead bin+++
4,658
17000-02974 11/8/2018 Residential New - SF Finaled
LOT 569 MAYBELL 2: PLAN 4, NEW SINGLE FAMILY DWELLING (2296 SF) WITH BASEMENT (1978 SF), ATTACHED GARAGE (218 SF) AND COVERED PORCHES.
SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER.
4,492
17000-02977 1/25/2019 Residential New - SF Finaled
LOT 5, 589 MAYBELL: PLAN 5, NEW SINGLE FAMILY DWELLING (2283 SF) WITH BASEMENT (1616 SF), ATTACHED GARAGE (220 SF) AND COVERED PORCHES (450 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. 4,119
Building Permit Data - Single-Family Residential
Total Sq. Ft.
Incl. Basement
and Garage
Permit No Date Issued Construction Type Description Status Description Item 3
Attachment A - Second
Supplement to
Development Impact Fee
Justification AB 602
Compliance
Item 3: Staff Report
Pg.
19 Packet Pg. 29 of 324
17000-02978 4/11/2019 Residential New - SF Finaled
LOT 6 4103 CLEMO AV: PLAN 9, NEW SINGLE FAMILY DWELLING (2303 SF) WITH BASEMENT (1616 SF), ATTACHED GARAGE (220 SF) AND COVERED PORCHES (450 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. 4,139
17000-02979 4/11/2019 Residential New - SF Finaled
LOT 7, 4121 ORCHARD: PLAN 8, NEW SINGLE FAMILY DWELLING (2308 SF) WITH BASEMENT (1533 SF), ATTACHED GARAGE (214 SF) AND COVERED PORCHES (229 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER.
4,055
17000-02980 5/7/2019 Residential New - SF Finaled
LOT 8, 4123 ORCHARD: PLAN 3, NEW SINGLE FAMILY DWELLING (2304 SF) WITH BASEMENT (1773 SF), ATTACHED GARAGE (214 SF) AND COVERED PORCHES (542 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER.
4,291
18000-00572 10/4/2018 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2254 SF AND CONDITIONED BASEMENT 1426SF 3,680
18000-00789 9/6/2018 Residential New - SF Finaled NEW ONE-STORY SINGLE HOUSE (2067 SF), WITH ATTACHED GARAGE (320 SF) (Bone Structure) 2,387
18000-00817 10/26/2018 Residential New - SF Finaled NEW TWO STORY HOUSE (3257 SF) 3,257 18000-00936 1/16/2019 Residential New - SF Finaled NEW ONE-STORY SINGLE FAMILY RESIDENCE 4056SF WITH ATTACHED GARAGE 235SF 4,250
18000-01006 11/9/2020 Residential New - SF Permit Issued ONE-STORY HOUSE (3247 SF), WITH ATTACHED GARAGE (504 SF), NEW BASEMENT (3097 SF) 6,848
18000-01219 12/11/2018 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 3847SF WITH ATTACHED GARAGE 213SF. 4,060
18000-01223 10/9/2018 Residential New - SF Finaled NEW SINGLE STORY RESIDENCE 1545SF (DETACHED GARAGE 223SF SEPARATE PERMIT) 1,768
18000-01227 9/27/2018 Residential New - SF Finaled NEW ONE-STORY SINGLE FAMILY RESIDENCE 1,545SF (DETACHED GARAGE 223SF) 1,768
18000-01307 10/1/2018 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2023SF 2,023 18000-01312 9/27/2018 Residential New - SF Finaled NEW TWO STORY HOUSE (2030 SF). SCOPE OF WORK INCLUDES TANKLESS WATER HEATER. ***PW to stamp plans prior to permit issuance*** 2,030 18000-01316 10/2/2018 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2023SF 2,023 18000-01365 9/18/2018 Residential New - SF Finaled NEW TWO STORY SFD (2711 SF) WITH AN ATTACHED GARAGE (224 SF) 2,935 18000-01392 3/19/2019 Residential New - SF Finaled NEW TWO-STORY FAMILY (1672 SF) WITH ATTACHED GARAGE (443 SF) 2,115 18000-01395 3/19/2019 Residential New - SF Finaled NEW TWO-STORY HOUSE (1672 SF) WITH ATTACHED GARAGE (443 SF) 2,115 18000-01398 10/2/2018 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2670SF WITH ATTACHED GARAGE 227SF 2,896
18000-01420 5/23/2019 Residential New - SF Finaled ONE STORY HOUSE (2459 SF) AND ATTACHED GARAGE (258 SF) 2,712 18000-01447 9/10/2018 Residential New - SF Finaled
NEW 2-STORY HOUSE (2519 SF) WITH ATTACHED GARAGE (335 SF) CURRENTLY REVIEW WITH IR PLANNING PROJECT 18PLN-59 (address to be changed to 3219 Waverley after final inspection - see pending address assignment in documents tab)
2,854
18000-01511 7/22/2019 Residential New - SF Finaled NEW 2-STORY HOUSE (2084 SF) AND ATTACHED GARAGE (223 SF) 2,307 18000-01583 9/20/2018 Residential New - SF Finaled NEW TWO STORY HOUSE (3867 SF) SCOPE OF WORK INCLUDES A NEW TANKLESS WATER HEATER. 4,082
18000-01663 9/25/2018 Residential New - SF Finaled NEW TWO-STORY HOUSE (2985 SF) WITH ATTACHED GARAGE (304 SF) 3,289 18000-01680 8/27/2019 Residential New - SF Finaled TWO-STORY HOUSE (5,799 SF) WITH BASEMENT (2551 SF) WITH ATTACHED TRELLIS (662 SF) 8,350
18000-01718 11/2/2018 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2,620SF WITH ATTACHED GARAGE 225SF 2,845
18000-01804 11/6/2018 Residential New - SF Finaled
NEW SFR (4380 SF) WITH ATTACHED GARAGE (419 SF) A/C AND TAKNLESS WATER HEATER (2 QTY) AND NEW LANDSCAPE***Modified scope of work to add install VIF sewerage ejector pump to be installed per plan notes on sheet C-2 dt 7/16/19***
4,799
18000-01832 10/23/2018 Residential New - SF Finaled NEW TWO-STORY HOUSE (2390 SF) WITH BASEMENT (1798 SF)***Add 400 amps to scope of work is approved by utilities dt*** 4,188
18000-01849 1/7/2019 Residential New - SF Finaled UNIT 1: NEW 2-STORY HOUSE (1803 SF) WITH ATTACHED GARAGE (212 SF) (356 & 358 Hawthorne at front of lot - 357 Bryant Court at rear of lot) 2,015 18000-01850 1/7/2019 Residential New - SF Finaled UNIT 2: NEW 2-STORY HOUSE (1791 SF) WITH ATTACHED GARAGE (212 SF) (356 & 358 Hawthorne at front of lot - 357 Bryant Court at rear of lot) 2,003 18000-01851 1/7/2019 Residential New - SF Finaled UNIT 3: NEW 1-STORY HOUSE (967 SF) WITH ATTACHED GARAGE (237 SF) (357 Bryant Court at rear of lot - 356 & 358 Hawthorne Ave at front of lot) 1,204 18000-01877 10/11/2018 Residential New - SF Finaled NEW 2-STORY SFR WITH ATTACHED 2-CAR GARAGE, TANKLESS WATER HEATER AND A/C 3,437
18000-01960 11/16/2018 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2047 SF. (DEMO RESIDENCE IN PREPARATION FOR NEW HOME CONSTRUCTION. UNDER SEPARATE PERMIT) 2,047 18000-02003 11/1/2018 Residential New - SF Finaled NEW 2-STORY SFR (3341 SF) WITH ATTACHED GARAGE (256 SF) TANKLESS WATER HEATER AND A/C 3,597
18000-02056 4/5/2019 Residential New - SF Finaled NEW TWO-STORY HOUSE (2672SF) WITH A/C AND TANKLESS WATER HEATER. 2,672 18000-02073 12/17/2018 Residential New - SF Finaled NEW TWO-STORY HOUSE (2264 SF), WITH ATTACHED GARAGE (213 SF) 2,477 18000-02173 7/29/2019 Residential New - SF Finaled
NEW 2-STORY SINGLE FAMILY RESIDENCE 2366 SF WITH BASEMENT 1640 SF AND ATTACHED SINGLE CAR GARAGE 231SF. INCLUDES LEVEL 2 ELECTRIC VEHICLE CHARGING UNIT ON SIDE OF GARAGE.
4,237
18000-02215 12/2/2019 Residential New - SF Finaled NEW 2-STORY SFD (3452 SF) WITH ATTACHED GARAGE (2227 SF) 3,679 18000-02235 2/6/2019 Residential New - SF Finaled NEW 2-STORY SFR (1643 SF) WITH ATTACHED GARAGE (225 SF) AND TANKLESS WATER HEATER. 1,868
18000-02236 2/6/2019 Residential New - SF Finaled
NEW 2-STORY SFR (1652 SF) WITH ATTACHED GARAGE (225 SF) AND TANKLESS WATER HEATER. HOUSE IS AT REAR OF LOT (FRONT HOUSE UNDER 845
WEBSTER)
1,877
18000-02291 8/28/2019 Residential New - SF Permit Issued RES: FRONT HOUSE: 2-STORY SINGLE FAMILY RESIDENCE, 2102 SF WITH ATTACHED GARAGE 230 SF 2,332
18000-02292 8/28/2019 Residential New - SF Permit Issued RES: REAR HOUSE: 2-STORY SINGLE FAMILY RESIDENCE 2102 SF AND ATTACHED GARAGE 230 SF 2,332
18000-02294 1/8/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE. (NEW DETACHED GARAGE 372 SF UNDER SEPARATE PERMIT) 2,949
18000-02324 3/27/2019 Residential New - SF Finaled NEW 2-STORY HOUSE (3993 SF) WITH BASEMENT(2066 SF) 6,059 18000-02401 7/1/2019 Residential New - SF Finaled
NEW 2-STORY SINGLE FAMILY RESIDENCE 2955SF WITH BASEMENT 1971SF. ***grading permit and letter regarding dewatering required to be submitted, reviewed and approved prior to building issuance***
4,926
18000-02568 4/19/2019 Residential New - SF Finaled NEW 2-STORY FAMILY HOUSE (2908 SF) WITH ATTACHED GARAGE (235 SF) 3,143 Item 3
Attachment A - Second
Supplement to
Development Impact Fee
Justification AB 602
Compliance
Item 3: Staff Report
Pg.
20 Packet Pg. 30 of 324
18000-02617 4/12/2019 Residential New - SF Finaled NEW 2-STORY HOME (2101 SF) WITH ATTACHED GARAGE (223 SF) AND BASEMENT (1459 SF) INCLUDES A/C AND TANKLESS WATER HEATER. 3,783 18000-02657 12/10/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 5800SF (NEW DETACHED 4-CAR GARAGE WITH WORKSHOP ON 2ND FLOOR 2040SF SEPARATE PERMIT 18-2658) 5,800 18000-02733 4/15/2019 Residential New - SF Finaled
NEW ONE STORY SINGLE FAMILY RESIDENCE 2,277SF WITH ATTACHED GARAGE 221SF. 2,498
18000-02819 2/1/2019 Residential New - SF Finaled
NEW SINGLE STORY SFD (2920 SF) WITH ATTACHED ONE CAR GARAGE (244 SF).
SCOPE OF WORK INCLUDES TANKLESS WATER HEATER. ****PW to stamp approved sets****
3,164
18000-02840 6/28/2019 Residential New - SF Finaled NEW ONE STORY SINGLE FAMILY RESIDENCE 2706SF AND ATTACHED 211SF GARAGE. 2,917
18000-02940 4/16/2019 Residential New - SF Finaled NEW TWO STORY SINGLE FAMILY DWELLING (2474 SF) AND ATTACHED GARAGE (702 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER 3,176 18000-03023 6/11/2019 Residential New - SF Finaled NEW ONE STORY SINGLE FAMILY DWELLING (1479 SF). 1,479 18000-03059 6/17/2019 Residential New - SF Finaled
NEW 2-STORY ACCESSORY HOUSE (2689 SF) WITH ATTACHED ONE CAR GARAGE (300 SF) ***4/2/19 Scope of work modified to New two story main house (2731 sf) with attached garage (300 sf)
3,031
18000-03123 6/3/2019 Residential New - SF Finaled NEW TWO STORY SINGLE FAMILY RESIDENCE 2856 WITH BASEMNT 2025SF AND ATTACHED GARAGE 211SF 5,092
18000-03177 10/15/2020 Residential New - SF Finaled TWO STORY SFR (2784 SF) WITH ATTACHED GARAGE (269 SF) TANKLESS WATER HEATER AND A/C. 3,053
18000-03265 8/21/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2,730 SF WITH BASEMENT 1,515 SF AND ATTACHED GARAGE 241SF 4,486
19000-00005 9/17/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 1957 SF WITH BASEMENT 991 SF. 2,948 19000-00123 5/20/2019 Residential New - SF Finaled NEW 2-STORY HOUSE WITH ATTACHED GARAGE, A/C AND TANKLESS WATER HEATERS (QTY 2) 2,855
19000-00202 5/24/2019 Residential New - SF Finaled NEW SINGLE STORY HOME (2380 SF) WITH ATTACHED GARAGE (441 SF) WITH A/C AND TANKLESS WATER HEATER. 2,821
19000-00332 6/26/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2772 SF WITH BASEMENT 1643 SF 4,415 19000-00339 9/4/2019 Residential New - SF Permit Issued 2-STORY SINGLE FAMILY RESIDENCE 5796 SF WITH BASEMENT 3301 SF. 9,097 19000-00387 6/12/2019 Residential New - SF Finaled NEW ONE STORY HOUSE (2355 SF) WITH ATTACHED GARAGE (220 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. 2,575
19000-00410 7/19/2019 Residential New - SF Finaled NEW 2-STORY HOUSE (2330 SF) WITH ATTACHED GARAGE (221SF) INCLUDING A/C AND TANKLESS WATER HEATER. 2,551
19000-00508 6/19/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE (2561 SF) INCLUDES INSTALL (N) A/C, TANKLESS WATER HEATER AND 200 AMP UPGRADE. 2,561
19000-00531 10/28/2019 Residential New - SF Finaled RES: TWO STORY HOUSE (2092.6 SF) WITH BASEMENT (1401 SF) 3,494 19000-00575 7/12/2019 Residential New - SF Finaled NEW 2-STORY (2422 SF) WITH ATTACHED GARAGE (275 SF) TANKLESS WATER HEATER AND A/C. 2,697
19000-00588 2/12/2022 Residential New - SF Permit Issued SINGLE STORY SFD (2725 SF) WITH ATTACHED ONE CAR GARAGE (259 SF) AND COVERED PORCHES (370 SF). SCOPE OF WORK INCLUDES TWO TANKLESS WATER HEATERS.
2,984
19000-00627 8/19/2019 Residential New - SF Finaled SINGLE STORY SFR (2918 SF) WITH ATTACHED GARAGE (290 SF),TANKLESS WATER HEATER, A/C AND HEAT PUMP. 3,208
19000-00641 9/6/2019 Residential New - SF Finaled NEW TWO-STORY HOUSE (2696 SF) WITH ATTACHED GARAGE (213 SF) G& E not required 2,909
19000-00723 8/6/2019 Residential New - SF Finaled NEW TWO-STORY HOUSE (3660 SF) WITH ATTACHED GARAGE (410 SF) 4,070 19000-00765 8/6/2019 Residential New - SF Finaled NEW 2 STORY SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE 219SF 3,370 19000-00811 10/10/2019 Residential New - SF Finaled NEW 2-STORY 3083SF SINGLE FAMILY RESIDENCE. ***change in scope of work to remove the basement*** 10/7/19 oc 3,083
19000-00850 7/18/2019 Residential New - SF Finaled NEW 2-STORY SFR (2371 SF) WITH ATTACHED GARAGE (273 SF) WITH A/C (QTY 2) AND TANKLESS WATER HEATER. 2,644
19000-00851 8/9/2019 Residential New - SF Finaled NEW TWO STORY SFD (2248 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. 2,688
19000-00888 8/6/2019 Residential New - SF Finaled NEW TWO STORY HOUSE (3672 SF), WITH BASEMENT (1,177.27 SF) 4,849 19000-00898 10/22/2019 Residential New - SF Finaled
ONE STORY HOUSE WITH A BASEMENT (3282 SF) WITH ATTACHED GARAGE (231 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. 3,513 19000-00902 10/25/2019 Residential New - SF Finaled NEW ONE STORY (3509 SF) WITH ATTACHED GARAGE (479 SF) 3,988 19000-00907 7/18/2019 Residential New - SF Finaled NEW (2) STORY SINGLE FAMILY 2250 SF RESIDENCE AND BASEMENT 1440 SF WITH ATTACHED GARAGE 224 SF. 3,914
19000-00918 8/29/2019 Residential New - SF Finaled NEW ONE STORY HOUSE (1943 SFT) WITH BASEMENT (1330 SF) 3,272 19000-00936 1/10/2020 Residential New - SF Finaled NEW 2-STORY SFR (2319 SF) WITH ATTACHED GARAGE (229 SF) WITH TANKLESS WATER HEATER AND A/C. 2,548
19000-00938 9/10/2019 Residential New - SF Finaled
NEW SINGLE STORY SFD (2453 SF) WITH ATTACHED GARAGE (223 SF). SCOPE OF WORK INCLUDES A TANKLESS WATER HEATER. 2,676
19000-00994 9/3/2019 Residential New - SF Finaled
NEW 2-STORY SINGLE FAMILY RESIDENCE 4,606SF WITH BASEMENT 2421SF AND ATTACHED GARAGE 223SF. INCLUDES (1) LEVEL 2 EVSE AND (1) LEVEL 3 EVSE AT GARAGE AREA. PHOTOVOLTAIC SYSTEM DEFERRED TO SEPARATE PERMIT.
7,250
19000-01004 10/28/2019 Residential New - SF Finaled NEW TWO STORY HOUSE (2575 SF) WITH ATTACHED GARAGE (260 SF) 2,835 19000-01043 10/11/2019 Residential New - SF Finaled NEW TWO-STORY HOUSE (2493 SF) HOUSE IS ALL ELECTRIC 2,493 19000-01092 9/18/2019 Residential New - SF Finaled NEW SFR (3116 SF) WITH BASEMENT (2834 SF) ATTACHED GARAGE (441 SF) A/C AND TANKLESS WATER HEATER. 6,391
19000-01111 9/9/2019 Residential New - SF Finaled ONE-STORY HOUSE (3358 SF) WITH ATTACHED GARAGE (340 SF) AND BASEMENT (3161 SF) 6,859
19000-01142 9/13/2019 Residential New - SF Expired NEW TWO-STORY HOUSE (3021 SF) WITH BASEMENT (1821 SF) 4,842 19000-01236 10/7/2019 Residential New - SF Finaled NEW TWO STORY HOUSE (2104 SF), WITH ATTACHED GARAGE (211 SF) AND BASEMENT (1435 SF) 3,750
19000-01310 8/22/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2185 SF WITH ATTACHED GARAGE 218 SF 2,403
19000-01381 1/30/2020 Residential New - SF Finaled NEW ONE STORY HOUSE (3787 SF) WITH ATTACHED GARAGE (216 SF) 4,003 19000-01417 8/19/2019 Residential New - SF Finaled NEW 2-STORY SFD (2228 SF) WITH ATTACHED GARAGE (221 SF) 2,449 19000-01453 2/13/2020 Residential New - SF Finaled 2-STORY SFR (3247 SF) WITH BASEMENT (871 SF) ON EMPTY LOT. TO INCLUDE HEAT PUMP FOR COOLING AND BOILER UNIT FOR WATER HEATING 4,423 19000-01479 11/26/2019 Residential New - SF Finaled NEW 1-STORY WOOD FRAMED HOUSE (3032 SF) WITH ATTACHED GARGE (219 SF) 3,251
Item 3
Attachment A - Second
Supplement to
Development Impact Fee
Justification AB 602
Compliance
Item 3: Staff Report
Pg.
21 Packet Pg. 31 of 324
19000-01485 9/6/2019 Residential New - SF Finaled NEW 2-STORY SFD (2482 SF) WITH ATTACHED GARAGE (232 SF) AND BASEMENT (1558 SF) COVERED PORCH (265 SF) AND AMMR FOR BOOSTER FAN 4,272 19000-01501 9/23/2019 Residential New - SF Permit Issued 2-STORY HOUSE (2729 SF) WITH ATTACHED GARAGE (213 SF) 2,942 19000-01519 7/14/2020 Residential New - SF Finaled NEW TWO-STORY HOUSE (3166 SF) 3,166 19000-01608 3/6/2020 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2,265 SF. INCLUDES TANKLESS WATER HEATER. DETACHED GARAGE UNDER SEPARATE PERMIT. 2,265 19000-01723 10/3/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2,687 SF AND 220 SF ATTACHED GARAGE. 2,907
19000-01844 1/10/2020 Residential New - SF Finaled
NEW 2-STORY SINGLE FAMILY RESIDENCE 3,970 SF CONDITIONED SPACE AND 698 SF AGGREGATE COVERED PATIO. (NEW DETACEHED GARAGE 257 SF WITH
HALF BATH UNDER SEPARATE PERMIT)
4,227
19000-01879 11/15/2019 Residential New - SF Finaled NEW 2 STORY SINGLE FAMILY RESIDENCE 2217 SF (DETACHED GARAGE 221 SF UNDER SEPARATE PERMIT) 2,438
19000-01922 6/2/2020 Residential New - SF Finaled NEW 2-STORY HOUSE (2419 SF) WITH ATTACHED GARAGE (220 SF), ATTACHED COVERED PORCH AND PATIO (428 SF) (Batched Outside to Shum Coda) 2,639 19000-01955 7/2/2020 Residential New - SF Finaled NEW TWO-STORY HOUSE (2773 SF) WITH ATTACHED GARAGE (237 SF) 3,010 19000-01959 12/9/2019 Residential New - SF Finaled NEW ONE STORY HOUSE ATTACHED ONE CAR GARAGE (3015 SQFT) 3,015 19000-01986 12/13/2019 Residential New - SF Finaled 2-STORY HOUSE (5557 SF), WITH ATTACHED GARAGE (443 SF), BASEMENT (3518 SF) 9,519
19000-01989 12/12/2019 Residential New - SF Finaled NEW 2-STORY HOME (3521 SF) WITH A/C AND TANKLESS WATER HEATER. 3,863 19000-02110 2/12/2020 Residential New - SF Finaled NEW 2-STORY SFR (3349 SF) WITH ATTACHED GARAGE (289SF) TANKLESS WATER HEATER, A/C AND 200 AMP SERVICE. 3,638
19000-02122 1/28/2020 Residential New - SF Finaled NSFR 1697SF SINGLE STORY 1,697 19000-02156 1/15/2020 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 3,686 SF WITH ATTACHED GARAGE 451 SF. ***no grading permit required** 4,137
19000-02210 11/12/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY HOUSE (2463 SF) WITH ATTACHED GARAGE (214 SF) 2,677
19000-02213 2/19/2020 Residential New - SF Permit Issued SFR 2 STORY 3088 SF WITH ATTACHED GARAGE (220 SF) AND BASEMENT (1600 SF) 4,908
19000-02237 5/28/2020 Residential New - SF Finaled SINGLE STORY SFR WITH ATTACHED GARAGE (3730 SF) TO INCLUDE A/C, TANKLESS WATER HEATER, HEAT PUMP, 400 AMP ELECTRICAL SERVICE 3,730 19000-02290 7/2/2020 Residential New - SF Permit Issued 2-STORY SFR (4257 SF) WITH A/C UNITS (2) TANKLESS WATER HEATER (2) AND EVSE (BATCHED 4LEAF) 4,257
19000-02312 6/16/2020 Residential New - SF Finaled
NEW SFR (2276 SF) CONDITIONED SPACE WITH ATTACHED GARAGE (256 SF) A/C, TANKLESS WATER HEATER AND EVSE. (BATCHED OUTSIDE PLAN CHECK 4LEAF)
2,532
19000-02491 12/18/2019 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 3,527 SF WITH BASEMENT 2,063 SF WITH 400 AMP SERVICE 5,591
19000-02750 8/18/2020 Residential New - SF Finaled NEW 2-STORY HOUSE (3799 SF) WITH ATTACHED GARAGE (391 SF) AND BASEMENT (2507 SF) PORCH (586 SF) 6,697
19000-02797 8/20/2020 Residential New - SF Finaled
2-STORY SFR (2766 SF) WITH BASEMENT (1877 SF) COVERED PORCH AREAS (676 SF) TO INCLUDE TWO (2) A/C AND TWO (2) TANKLESS WATER HEATERS. [BATCHED SHUM CODA] - Grading Permit Required-See Attached in documents. 5,224
19000-02817 2/24/2020 Residential New - SF Finaled NEW 2-STORY SFR (2725 SF) WITH ATTACHED GARAGE (214 SF) COVERED PORCH AREAS (742 SF) TANKLESS WATER HEATER AND A/C. 2,939 19000-02858 1/29/2021 Residential New - SF Finaled TWO-STORY HOUSE (2999 SF) WITH ATTACHED GARAGE (210 SF) 3,209 19000-02895 5/7/2020 Residential New - SF Finaled NEW 2-STORY HOUSE (2753 SF) WITH ATTACHED GARAGE (217 SF) - no grading permit required. 2,970
19000-02922 6/25/2020 Residential New - SF Finaled NEW 2-STORY SFR (2292 SF) WITH ATTACHED GARAGE (200 SF) 2,493 19000-02925 9/8/2020 Residential New - SF Finaled 2-STORY SFR (2062 SF) WITH A/C AND TANKLESS WATER HEATER. 2,062 19000-03036 6/9/2020 Residential New - SF Finaled NEW TWO STORY RESIDENCE (2784 SF) WITH ATTACHED ONE CAR GARAGE (224 SF) 19PLN-00227 (BATCHED TO 4LEAF) 3,006
19000-03112 10/15/2020 Residential New - SF Permit Issued RES: 1 STORY HOUSE (4889 SF), ATTACHED GARAGE (524 SF), WITH BASEMENT (3833 SF), AND COVERED PORCHES (300 SF) **GRADING PERMIT REQUIRED - P.
CHUN**
9,246
19000-03145 9/9/2020 Residential New - SF Finaled NEW 2-STORY HOUSE (2796 SF) WITH ATTACHED GARAGE (220 SF) 3,016 19000-03177 8/7/2020 Residential New - SF Finaled
NEW 2-STORY SFR (2625 SF) WITH ATTACHED GARAGE (242 SF) WITH TANKLESS WATER HEATER, A/C AND 200 AMP ELECTRICAL SERVICE. (BATCHED TO 4 LEAF) 2,867 19000-03181 6/2/2020 Residential New - SF Finaled NEW TWO STORY SINGLE FAMILY HOME, WITH A/C AND BOILER. NEW LANDSCAPING THROUGHOUT.(Batched Outside to Shum Coda) 3,357 19000-03201 7/2/2020 Residential New - SF Finaled NEW 2-STORY HOUSE WITH ATTACHED 1 CAR GARAGE 3,431 19000-03206 11/4/2020 Residential New - SF Finaled
NEW 2-STORY SFR (2835 SF) WITH ATTACHED GARAGE (237 SF) TO INCLUDE TANKLESS WATER, A/C AND 200 AMP ELECTRICAL SERVICE.(Batched Outside Shum Coda )
3,072
19000-03224 9/2/2020 Residential New - SF Finaled NEW 2-STORY SFR (2403 SF) TO INCLUDE A/C (QTY 2) (BATCHED OUTSIDE 4 LEAF) 2,483
19000-03275 11/4/2020 Residential New - SF Finaled NEW CONSTRUCTION OF 2,400 SF TWO STORY HOUSE WITH ATTACHED GARAGE 308 SF 18PLN-00318 (BATCHED OUTSIDE 4 LEAF) 2,708 19000-03292 8/18/2020 Residential New - SF Finaled NEW CONSTRUCTION OF A 2390 SF ONE STORY HOUSE WITH ATTACHED GARAGE 214 SF 2,604
19000-03297 2/8/2021 Residential New - SF Finaled TWO STORY SINGLE FAMILY DWELLING (2103 SF ) WITH BASEMENT LEVEL (1601 SF ) , NEW HARDSCAPING AND LANDSCAPING. ( CHANGE OF SCOPE 10/6/20 ) 3,704 19000-03301 8/16/2021 Residential New - SF Permit Issued 2-STORY HOUSE (4509 SF) WITH BASMENT (3070 SF) AND ATTACHED GARAGE (425 SF) (grading and excavation permit required) 8,004 19000-03307 1/20/2021 Residential New - SF Finaled NEW TWO STORY HOUSE (2984 SF) WITH ATTACHED GARAGE (459 SF) 3,443 19000-03329 8/17/2020 Residential New - SF Finaled CONCURRENT REVIEW WITH ARB 19PLN-00390 NEW 2-STORY HOUSE (3088 SF) WITH BASEMENT (1161 SF) 4,249
19000-03344 10/23/2020 Residential New - SF Finaled ONE-STORY HOUSE (2154 SF) WITH ATTACHED GARAGE (256 SF), FRONT/BACK PORCHES (62 SF) 2,410
19000-03350 9/3/2020 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 2,841 SF WITH ATTACHED GARAGE 233 SF. INCLUDES 350 SF COVERED PORCH(BATCHED OUTSIDE 4 LEAF) 3,074 19000-03366 8/13/2020 Residential New - SF Finaled RESIDENTIAL CONSTRUCTION OF NEW ONE STORY HOUSE (~3314 SF), AND ATTACHED GARAGE (425 SF) INSTALL TANK LESS WATER HEATER. 3,739 20000-00282 8/18/2020 Residential New - SF Finaled NEW ONE-STORY HOUSE (3660 SF) WITH ATTACHED GARAGE (504 SF), COVERED PORCHES (75 SF) 4,164
Item 3
Attachment A - Second
Supplement to
Development Impact Fee
Justification AB 602
Compliance
Item 3: Staff Report
Pg.
22 Packet Pg. 32 of 324
20000-00337 6/10/2020 Residential New - SF Finaled BUILD NEW TWO STORY HOUSE WITH ATTACHED GARAGE [BATCHED 4LEAF] 6,000 20000-00465 7/15/2020 Residential New - SF Finaled CONSTRUCTION OF 2 STORY SINGLE FAMILY HOUSE (~2456 SF) WITH ASSOCIATED LANDSCAPE AND SITE WORK. (BATCHED SHUMS CODA) 2,456 20000-00469 11/18/2020 Residential New - SF Finaled TWO STORY HOUSE 2696 SF WITH ATTACHED GARAGE 213 SF 19PLN-00308 2,909 20000-00487 10/27/2020 Residential New - SF Finaled NEW 2-STORY SFR WITH ATTACHED GARAGE. TO INCLUDE A/C AND TANKLESS WATER HEATER. (BATCHED SHUMS CODA) 2,644
20000-00525 7/14/2021 Residential New - SF Finaled 1-STORY HOME (1705 SF) ON A FLAG LOT WITH ATTACHED GARAGE (229SF) 1,934 20000-00548 10/27/2020 Residential New - SF Finaled NEW 2-STORY SINGLE FAMILY RESIDENCE 3575 SF AND BASEMENT 2403 SF AND 206 SF ATTACHED GARAGE. 6,183
20000-00579 9/4/2020 Residential New - SF Finaled NEW CONSTRUCTION OF A 2637 SF TWO STORY HOUSE WITH ATTACHED GARAGE 214 SF 19PLN-00316. 2,851
20000-00594 9/1/2020 Residential New - SF Finaled
2-STORY SFR (2200 SF) WITH ATTACHED GARAGE (230 SF). A/C, TANKLESS WATER HEATER, 200 AMP SERVICE. PV DEFERRED. [BATCHED 4LEAF] **No grading permit required**
2,430
20000-00624 6/25/2020 Residential New - SF Finaled NEW 2 STORY SFR 2720 SF WITH ATTACHED GARAGE 223 SF. 2,942 20000-00665 5/3/2021 Residential New - SF Finaled
ONE STORY, SINGLE FAMILY RESIDENCE ~5799 SF WITH FULL BASEMENT. ~5239 SF AND ASSOCIATED LANDSCAPING (GRADING PERMIT WILL BE REQUIRED) 11,038 20000-00668 1/8/2021 Residential New - SF Finaled
SFR (4200 SF) WITH ATTACHED GARAGE (281 SF) TO INCLUDE COVERED PORCHES (545 SF) 3 TANKLESS WATER HEATERS AND 2 A/C UNITS. ***basement (905 SF) to be removed from scope, given valuation to change from $1,250,000 to $1,000,000 and calculated valuation to change from $665,409.28 to $554,582.98 per applicant revision 1/22*** ***21BLD-00033: REVISION TO
INCLUDE REMOVAL OF BASEMENT AND ASSOCIATED ASPECTS (LIGHTWELL, SUMP PUMPS) FROM APPROVED SCOPE OF WORK. ADDING POWDER ROOM, MECHANICAL ROOM. DOORS AT FAMILY AND MECHANICAL ROOM. UPDATED DOOR & WINDOW SCHEDULE, T24, FOUNDATION PLAN AND LOCATION OF A/C***
4,481
20000-00670 7/2/2020 Residential New - SF Finaled CONSTRUCT A NEW SINGLE STORY RESIDENCE ~2376 SF WITH ATTACHED GARAGE ~221 SF 2,601
20000-00701 6/7/2021 Residential New - SF Permit Issued 2-STORY SFR (2800 SF) AND ATTACHED GARAGE (446 SF) WITH A/C, TANKLESS WATER HEATER ON AN EMPTY LOT. 3,246
20000-00712 9/3/2020 Residential New - SF Finaled NEW 2-STORY SFR (2767 SF) WITH ATTACHED GARAGE (257 SF) AND BASEMENT (1781 SF) A/C (QTY 3) AND TANKLESS WATER HEATERS (QTY 2) 4,805 20000-00791 11/17/2020 Residential New - SF Finaled RESIDENTIAL NEW ONE STORY 5 BEDROOM, 5 BATH, 1 HALF BATH HOUSE OF 3,505.03 S.F. AND 460.49 S.F. GARAGE TOTALING 3,965.52 S.F. 3,965 20000-00870 11/3/2020 Residential New - SF Finaled SFR (2548 SF) WITH ATTACHED GARAGE (227 SF) COVERED REAR PATIO (140 SF) ATTACHED TRELLIS AT ENTRY (94 SF) TANKLESS WATER HEATER AND A/C. 2,775 20000-01012 2/8/2021 Residential New - SF Expired RESIDENTIAL 2-STORY SFR (2811 SF) 2,811 20000-01017 3/25/2021 Residential New - SF Finaled 19PLN-00199: TWO-STORY SINGLE FAMILY RESIDENCE WITH ATTACHED ONE- CAR GARAGE 2,900
20000-01198 11/19/2020 Residential New - SF Finaled CONSTRUCTION OF A NEW 1,549 SF ONE-STORY SINGLE FAMILY RESIDENTIAL STRUCTURE. **No Grading permit required** 1,777
20000-01479 7/12/2021 Residential New - SF Permit Issued TWO STORY RESIDENCE ( 2287 sf ) WITH FINISHED BASEMENT ( 1715 sf ) AND ATTACHED GARAGE. ( 431 sf ) NEW LANDSCAPING THROUGHOUT. Do not issue- Grading permit required.
4,433
20000-01552 2/9/2021 Residential New - SF Permit Issued TWO STORY HOUSE 2995 SF 19PLN-00301 2,995 20000-01949 3/8/2021 Residential New - SF Finaled NEW 2 STORY HOUSE (2364 SF), WITH ATTACHED GARAGE (236 SF) 2,600 20000-01979 3/22/2021 Residential New - SF Finaled
TWO (2) STORY, SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE ~2343 SF
AND CORRESPONDING SITE ALTERATIONS, INCLUDING NEW HARDSC - REVISION TO 20000-01979: MAIN ELECTRICAL PANEL CONNECTION REVISED
TO BE UNDERGROUND
2,343
20000-02004 5/14/2021 Residential New - SF Finaled ONE STORY SFR 2950 SF WITH ATTACHED GARAGE 3,232 20000-02072 3/22/2021 Residential New - SF Finaled TWO-STORY HOUSE (2660 SF), WITH ATTACHED ONE CAR GARAGE (270 SF) No Grading permit required. 2,930
20000-02136 6/16/2021 Residential New - SF Permit Issued NEW TWO STORY SFR WITH ATTACHED GARAGE 18PLN-00269 3,230 20000-02634 8/16/2022 Residential New - SF Permit Issued TWO STORY HOUSE (2771 SF) WITH BASEMENT (1,632 SF), FRONT, BACK, AND SIDE PORCHES (326 SF) 4,403
21BLD-00090 3/25/2021 Residential New - SF Finaled NEW 1-STORY SINGLE FAMILY HOUSE (1364 SF) *no grading permit required* 1,364 21BLD-00473 12/13/2021 Residential New - SF Finaled ONE-STORY SINGLE FAMILY RESIDENTIAL STRUCTURE, 1,455 SF 1,455 21BLD-00548 9/20/2021 Residential New - SF Finaled ONE STORY SFR 1,170 SF 1,170 21BLD-00668 10/6/2021 Residential New - SF Permit Issued ONE STORY SINGLE FAMILY RESIDENCE ~3626 SF WITH ATTACHED CARPORT 3,626 21BLD-00699 9/8/2021 Residential New - SF Finaled TWO STORY HOUSE OF 2549 SQ.FT WITH ATTACHED SINGLE CAR GARAGE (200 SF) 2,749
21BLD-00704 2/23/2022 Residential New - SF Permit Issued 2-STORY HOUSE SINGLE FAMILY RESIDENCE ON A 6475 SF LOT. WITH 2474 SF LIVING AREA, 217 SF GARAGE, TOTALING 2692 SF. 2,691
21BLD-00791 6/28/2021 Residential New - SF Finaled 2-STORY SINGLE FAMILY RESIDENCE WITH 1 CAR ATTACHED GARAGE 2,592 21BLD-00837 8/4/2021 Residential New - SF Finaled
NEW 2-STORY SINGLE FAMILY RESIDENCE 3,344SF CONDITIONED SPACE WITH ATTACHED GARAGE 488SF. 156 SF COVERED PORCH. NEW ELECTRIC SERVICE 400AMPS. (SEPARATE RELATED PERMITS FOR 219 SF PERGOLA,
DECONSTRUCTION OF EXISTING HOUSE 1389SF AND DETACHED GARAGE 476
SF) (DEFERRED SOLAR AND ELECTRIC VEHICLE EQUIPMENT)
3,792
21BLD-00919 9/7/2021 Residential New - SF Expired CONSTRUCTION OF A NEW TWO STORY RESIDENCE 2861 SF WITH AN ATTACHED GARAGE OF 454 SF 3,315
21BLD-00964 10/6/2021 Residential New - SF Permit Issued NEW 2-STORY RESIDENCE 5,537SF WITH ATTACHED GARAGE 459SF (NEW DETACHED ADU 897SF UNDER PERMIT 21BLD-00965 AND NEW ACCESSORY BUILDING 120SF WITH COVERED PATIO 21BLD-00967)
5,996
21BLD-01006 9/28/2021 Residential New - SF Finaled 2-STORY RESIDENCE ~2095 SF WITH BASEMENT ~1447 SF AND ATTACHED GARAGE ~228 SF. **Do not issue-grading permit required** 3,770 21BLD-01192 1/3/2022 Residential New - SF Permit Issued 2-STORY SFR (2564 SF) WITH BASEMENT (1636 SF) 400 AMP ELECTRICAL SERVICE, HEAT PUMP AND TRASH ENCLOSURE. 4,530
21BLD-01391 4/8/2022 Residential New - SF Permit Issued TWO STORY HOUSE (3938 SF), ATTACHED GARAGE (237 SF) , FULL BASEMENT (3511 SF)***The approved plans and document are for permit #21BLD-01393*** 7,686 Item 3
Attachment A - Second
Supplement to
Development Impact Fee
Justification AB 602
Compliance
Item 3: Staff Report
Pg.
23 Packet Pg. 33 of 324
21BLD-01621 1/20/2022 Residential New - SF Finaled 2-STORY HOUSE (3127 SF) WITH ATTACHED GARAGE (215 SF) WITH LANDSCAPE 3,342 21BLD-01684 1/13/2022 Residential New - SF Permit Issued TWO STORY SFR 2550 SF 20PLN-00239 2,776 21BLD-01805 12/8/2021 Residential New - SF Finaled 1-STORY HOUSE (2254 SF) WITH ATTACHED GARAGE (418 SF) 2,672 21BLD-01821 10/14/2021 Residential New - SF Permit Issued 2 STORY SINGLE FAMILY RESIDENCE (5330 SF) WITH PARTIAL BASEMENT (1831 SF) WITH BREEZEWAY, ATTACHED ADU (800 SF) **Grading permit required** 7,161 21BLD-01956 12/1/2021 Residential New - SF Permit Issued SFR (2521 SF) WITH ATTACHED GARAGE (226 SF) 200 AMP ELECTRICAL SERVICE, HEAT PUMP AND HEAT PUMP WATER HEATER. 2,747
21BLD-02207 12/15/2021 Residential New - SF Finaled SINGLE STORY RESIDENCE 2202 SF. & ATTACHED GARAGE 514 SF WITH 579 S.F.
COVERED PORCHES 2,716
21BLD-02385 2/2/2022 Residential New - SF Finaled 2-STORY HOUSE ~3258 WITH ATTACHED GARAGE ~200 3,458 21BLD-02434 6/21/2022 Residential New - SF Permit Issued NEW SFR (2865 SF) WITH BASEMENT (2805 SF) AND ATTACHED GARAGE (564 SF)
TO INCLUDE HEAT PUMP, HEAT PUMP WATER HEATER, OUTDOOR KITCHEN AND 400 AMP ELECTRICAL SERVICE.
6,235
21BLD-02783 10/20/2022 Residential New - SF Permit Issued TWO-STORY SINGLE FAMILY HOME WITH A SINGLE STORY (3,554 SF), ATTACHED GARAGE (789 SF), BASEMENT (1625 SF) [DETACHED ACCESSORY UNIT IN REAR YARD (691 SF) on separate permit]
5,968
21BLD-02944 2/17/2022 Residential New - SF Finaled RES: SINGLE STORY SFR (3158 SF) WITH ATTACHED GARAGE (462 SF), HEAT PUMP AND HEAT PUMP WATER HEATER. 3,620
21BLD-03052 6/7/2022 Residential New - SF Permit Issued ONE STORY HOUSE 2,253 SF, WITH ATTACHED GARAGE 310 SF 2,563 22BLD-00019 5/11/2022 Residential New - SF Permit Issued SFR 2,778 SF WITH ATTACHED SINGLE STALL GARAGE. GRADING, LANDSCAPING, & HARDSCAPE PER CIVIL & LANDSCAPE DRAWINGS. 2,778 22BLD-00107 4/28/2022 Residential New - SF Permit Issued RES: 3,954 SF. 2-STORY, 3-BED, 3.5 BATH SFR 4,208 22BLD-00129 10/24/2022 Residential New - SF Permit Issued TWO-STORY HOUSE (2420 SF), WITH ATTACHED GARAGE (434 SF), PORCH (221 SF) 2,854
22BLD-00302 8/18/2022 Residential New - SF Permit Issued TWO-STORY HOUSE 4655 SF, WITH ATTACHED TWO-CAR GARAGE (424 SF).
ALSO PERMIT 22BLD-00302, 22BLD-00303 AND 22BLD-00304 5,079 22BLD-00433 8/24/2022 Residential New - SF Permit Issued 2-STORY HOUSE ~2244 SF AND 434 SF ATTACHED GARAGE 2,675 22BLD-00502 7/13/2022 Residential New - SF Permit Issued Res: 2-STORY SFR (2489 SF) WITH ATTACHED GARAGE (263 SF) TO INCLUDE HEAT PUMP, HEAT PUMP WATER HEATER AND 200 AMP ELECTRICAL SERVICE. 2,752 22BLD-00603 6/5/2023 Residential New - SF Permit Issued SFR 2119 SF WITH BASEMENT 1758 SF AND ATTACHED GARAGE 347 SF 4,224 22BLD-00773 6/23/2022 Residential New - SF Permit Issued NEW 2-STORY SFR (2,600 SF) WITH CONDITIONED BASEMENT (1,700 SF) AND ATTACHED GARAGE (400 SF) TO INCLUDE HEAT PUMPS, HEAT PUMP WATER HEATER, OUTDOOR KITCHEN, OUTDOOR FIREPLACE, AND 400 AMP ELECTRICAL SERVICE.
4,700
22BLD-00781 12/7/2022 Residential New - SF Permit Issued Res: ONE-STORY SFR ~1448 SF 1,448 22BLD-00992 9/6/2022 Residential New - SF Permit Issued RES: 2-STORY SFR (4,018 SF) WITH HEAT PUMP AND HEAT PUMP WATER HEATER. 400 AMP ELECTRICAL SERVICE, EVCS 4,018
22BLD-01044 10/25/2022 Residential New - SF Permit Issued SFR (1883 SF) WITH BASEMENT (1868 SF) 3,982 22BLD-01048 11/17/2022 Residential New - SF Permit Issued Res: TWO STORY SFR 21PLN-00144 3,244 22BLD-01165 7/11/2023 Residential New - SF Permit Issued SFR: (3092 SF), ATTACHED GARAGE (231 SF) AND ATTACHED PORCH (76 SF) 3,323 22BLD-01219 11/17/2022 Residential New - SF Permit Issued TWO STORY SFR 3026 SF WITH ATTACHED GARAGE 231 SF 3,257 22BLD-01368 2/22/2023 Residential New - SF Permit Issued TWO STORY HOUSE (2515 SF)WITH ATTACHED GARAGE (247 SF) AND UNCOVERED PARKING SPACE 2,772
22BLD-01371 9/27/2022 Residential New - SF Finaled NEW ONE-STORY HOUSE (717 SF) WITH 2 ATTACHED GARAGE (390 SF) 1,107 22BLD-01580 12/1/2022 Residential New - SF Permit Issued 1-STORY HOUSE WITH 2646 OF HABITABLE AREA, WITH ATTACHED GARAGE 227 SF, 87SF PORCH 2,873
22BLD-01643 11/4/2022 Residential New - SF Permit Issued NEW CONSTRUCTION OF A SINGLE STORY 3 BED AND 3 BATH HOUSE.
DETACHED GARAGE / ADU UNDER PERMIT 1,948
22BLD-01675 3/7/2023 Residential New - SF Permit Issued RES: SINGLE STORY HOME OF ~3436 SF. 3,436 22BLD-01760 4/19/2023 Residential New - SF Permit Issued TWO STORY SFR 3239 SF WITH BASEMENT 1368 SF 21PLN-00337 4,607 22BLD-01880 8/1/2022 Residential New - SF Finaled
NEW SINGLE STORY SFR 1500SF WITH ATTACHED GARAGE 232 SF ***THIS PERMIT RECORD WILL TAKE PLACE OF 16000-02545, REFERENCE REVIEW, FEE, DOCUMENT AND INSPECTION HISTORY IN 16000-02545
1,732
22BLD-01882 10/20/2022 Residential New - SF Permit Issued SINGLE STORY SFR (2399 SF) WITH ATTACHED GARAGE (226 SF) HEAT PUMP, HEAT PUMP WATER HEATER, 200 AMP ELECTRICAL SERVICE. 2,625 22BLD-02107 12/14/2022 Residential New - SF Permit Issued RES: 2-STORY SFR (3070 SF) WITH ATTACHED GARAGE (228 SF) HEAT PUMPS, HEAT PUMP WATER HEATERS, AND 400 AMP ELECTRICAL SERVICE. 3,298 22BLD-02191 5/2/2023 Residential New - SF Permit Issued 2-STORY SFR (3515 SF) WITH BASEMENT (2,275 SF) ATTACHED GARAGE (227 SF) HEAT PUMP, HEAT PUMP WATER HEATER, AND 400 AMP ELECTRICAL SERVICE. 6,017 22BLD-02198 4/12/2023 Residential New - SF Permit Issued BUILD SFR (3108 SF) WITH ATTACHED GARAGE (455 SF) HEAT PUMP, HEAT PUMP WATER HEATER, SOLAR WATER HEATER, PV (5.1 kW) 12 MODULE SYSTEM, EVCS (32 AMP/ LEVEL 2) AND 400 AMP ELECTRICAL SERVICE.
3,563
22BLD-02407 8/28/2023 Residential New - SF Permit Issued RES: 2-STORY SFR WITH ATTACHED GARAGE, HEAT PUMPS, HEAT PUMP WATER HEATER AND 400 AMP ELECTRICAL SERVICE. 2,930
22BLD-02890 3/29/2023 Residential New - SF Permit Issued NSFR ~4,422 S.F.WITH ATTACHED TWO CAR GARAGE ~ 574 S.F. 4,996 22BLD-02965 8/28/2023 Residential New - SF Permit Issued CONSTRUCTION OF A NEW TWO STORY HOME ~2270 SF W/ ATTACHED ONE CAR GARAGE & AN ATTACHED ADU ~797SF. 2,470
22BLD-03061 8/9/2023 Residential New - SF Permit Issued RES: BUILD SFR WITH HEAT PUMP, HEAT PUMP WATER HEATER, LANDSCAPING, AND 200 AMP ELECTRICAL SERVICE. 2,623
22BLD-03081 6/22/2023 Residential New - SF Permit Issued 2-STORY SFR (3327 SF) WITH ATTACHED GARAGE, ENCLOSED HEAT PUMPS, HEAT PUMP WATER HEATER, GREY WATER SYSTEM, AND 400 AMP ELECTRICAL SERVICE.
3,327
22BLD-03175 8/22/2023 Residential New - SF Permit Issued CONSTRUCTION OF A NEW TWO-STORY 3,824 SF HOUSE WITH 2,166 SF BASEMENT. NEW COVERED PORCHES, HARDSCAPING AND LANDSCAPING. (shares plans with new garage 22BLD-03176)
5,990
22BLD-03217 6/30/2023 Residential New - SF Permit Issued CONSTRUCT A NEW 1 STORY SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE. 2,623
22BLD-03252 7/12/2023 Residential New - SF Permit Issued NEW 2-STORY SFR (2096 SF) WITH ATTACHED GARAGE (449 SF) HEAT PUMP WATER HEATER, AND 200 AMP UNDERGROUND ELECTRICAL SERVICE.2,545 23BLD-00219 6/28/2023 Residential New - SF Permit Issued RES: TWO STORY SFR 2966 22PLN-00389 2,966 23BLD-00422 9/5/2023 Residential New - SF Permit Issued CONSTRUCTION OF A (N) SINGLE STORY SFD OF ~2,372 INCLUDING A ONE CAR ATTACHED GARAGE 2,372
23BLD-00490 7/18/2023 Residential New - SF Permit Issued SFR (1831 SF) WITH HEAT PUMP, ELECTRICAL WATER HEATER, AND 200 AMP ELECTRICAL SERVICE. 1,831
23BLD-00563 7/3/2023 Residential New - SF Permit Issued New two-story house ~2398 sf. (permits 23bld-00564/00565 are part of this plan set) 2,398
Item 3
Attachment A - Second
Supplement to
Development Impact Fee
Justification AB 602
Compliance
Item 3: Staff Report
Pg.
24 Packet Pg. 34 of 324
20000-00706 9/25/2020 Residential New - SF Finaled NEW SINGLE FAMILY ONE-STORY HOUSE 2430 SF. **DETACHED GARAGE UNDER SEPARATE PERMIT** 2,430
20000-00703 1/21/2022 Residential New - SF Permit Issued ONE STORY HOUSE ~3524 SF WITH BASEMENT ~3551 SF AND ATTACHED GARAGE ~225 SF (needs grading permit) 3,749
Average Sq. Ft. 3,602
Item 3
Attachment A - Second
Supplement to
Development Impact Fee
Justification AB 602
Compliance
Item 3: Staff Report
Pg.
25 Packet Pg. 35 of 324
20000-00728 10/15/2020 Residential New - MF Finaled 59
WILTON COURT APARTMENTS: NEW 4-STORY, MULTIFAMILY AFFORDABLE HOUSING COMPLEX (56,143
SF) TO INCLUDE LAUNDRY FACILITIES, COMMUNITY SPACES, PROPERTY MANAGEMENT OFFICES, SUPPORT SPACES AND PARKING AT THE BASEMENT AND GRADE LEVEL. SOLAR WATER HEATING UNITS AT ROOF LEVEL. SITE WORK TO INCLUDE BIO TREATMENT AREA WITH ASSOCIATED FENCING, OUTDOOR BBQ/KITCHEN AREA, BIKE RACKS AND SEATING AREAS.
WILTON COURT APARTMENTS: INSTALL (N) SOLAR WATER HEATING SYSTEM 2,495 952 3.73% 35
18000-03077 2/14/2020 Residential New - MF Permit Issued 57 NEW FOUR STORY APARTMENT BUILDING (37,929 SF) WITH 57 UNITS AND ONE LEVEL OF UNDERGROUND PARKING (15,593 SF). THERE IS ONE WATER AND GAS METER FOR THE BUILDING WITH SEPARATE ELECTRIC METERS PER APARTMENT.
*** U&O REQUIRED ***
37,929 665 3.60% 24
22BLD-02633 8/10/2023 Residential New - MF Permit Issued 6 MF: BLDG 3: CONDOMINIUM BUILDING TO INCLUDE HEAT PUMPS, HEAT PUMP WATER HEATERS, AND 600 AMP ELECTRICAL SERVICE. 10,362 1,727 0.38% 7
22BLD-02634 TBD Residential New - MF Permit Not Yet Issued 6 MF: BLDG 1: CONDOMINIUM BUILDING TO INCLUDE HEAT PUMPS, HEAT PUMP WATER HEATERS, AND 600 AMP ELECTRICAL SERVICE. 10,362 1,727 0.38% 7
22BLD-02636 TBD Residential New - MF Permit Not Yet Issued 6 MF: BLDG 4: CONDOMINIUM BUILDING TO INCLUDE HEAT PUMPS, HEAT PUMP WATER HEATERS, AND 600 AMP ELECTRICAL SERVICE. 10,102 1,684 0.38% 6
22BLD-02637 TBD Residential New - MF Permit Not Yet Issued 6 MF: BLDG 5: CONDOMINIUM BUILDING TO INCLUDE HEAT PUMPS, HEAT PUMP WATER HEATERS, AND 600 AMP ELECTRICAL SERVICE. 10,102 1,684 0.38% 6
22BLD-03149 TBD Residential New - MF Permit Not Yet Issued 102 ****SAFEBUILT*****LINK APARTMENTS: BUILD NEW FOUR STORY 102 UNIT APARTMENTS WITH RETAIL SPACE ON THE GROUND FLOOR AND A BELOW GRADE PARKING GARAGE 19PLN-00079 (UPDATE 4/24:
GRADING PERMIT REQUIRED PRIOR TO BLD ISSUANCE, AHMAD)
92,736 909 6.44% 59
22BLD-02635 10/3/2023 Residential New - MF Permit Issued 6 MF: BLDG 2: CONDOMINIUM BUILDING TO INCLUDE HEAT PUMPS, HEAT PUMP WATER HEATERS, AND 600 AMP ELECTRICAL SERVICE. 10,362 1,727 0.38% 7
22BLD-02638 12/18/2023 Residential New - MF Permit Issued 6 MF BLDG 6: CONDOMINIUM BUILDING TO INCLUDE HEAT PUMPS, HEAT PUMP WATER HEATERS, AND 600 AMP ELECTRICAL SERVICE. 10,362 1,727 0.38% 7
22BLD-02639 12/18/2023 Residential New - MF Permit Issued 6 MF BLDG 3: CONDOMINIUM BUILDING TO INCLUDE HEAT PUMPS, HEAT PUMP WATER HEATERS, AND 600 AMP ELECTRICAL SERVICE. 10,102 1,684 0.38% 6
22BLD-02640 12/18/2023 Residential New - MF Permit Issued 6 MF BLDG 8: CONDOMINIUM BUILDING TO INCLUDE HEAT PUMPS, HEAT PUMP WATER HEATERS, AND 600 AMP ELECTRICAL SERVICE. 10,102 1,684 0.38% 6
22BLD-02330 1/24/2024 Residential New - Mixed Use Permit Issued 50 MF: BUILD 4-STORY AFFORDABLE HOUSING COMPLEX (45, 411 SF) WITH SUPPORTING SPACE ON THE GROUND FLOOR. VARIOUS LANDSCAPE AND SITE IMPROVEMENTS. 2000 AMP ELECTRICAL SERVICE.
DEMOLITION OF EXISTING BUILDING DONE UNDER SANTA CLARA COUNTY JURISDICTION. 38,348 767 3.16% 24
18PLN-00043 TBD - Entitled 4 190 CHANNING AV 4,551 1,138 0.25% 3 19PLN-00079 TBD - Entitled 102 788 SAN ANTONIO AVE 83,466 818 6.44% 53 19PLN-00347 TBD - Withdrawn 4 486 HAMILTON AVE 5,375 1,344 0.25% 3 21PLN-00108 TBD - Withdrawn 91 200 PORTAGE 194,128 2,133 5.75% 123 21PLN-00341 TBD - Under Review 70 660 UNIVERSITY 39,876 570 4.42% 25 22PLN-00201 TBD - Under Review 12 739 SUTTER AVE 18,256 1,521 0.76% 12 22PLN-00229 TBD - Entitled 129 3001 EL CAMINO REAL 88,872 689 8.15% 56 23PLN-00010 TBD - Under Review 76 800 SAN ANTONIO RD 89,228 1,174 4.80% 56 23PLN-00058 TBD - Entitled 16 420 ACACIA 33,833 2,115 1.01% 21 23PLN-00136 TBD - Under Review 380 3150 EL CAMINO REAL 441,817 1,163 24.01% 279 24PLN-00012 TBD - Under Review 44 3265 EL CAMINO REAL 24,256 551 2.78% 15 12000-02374 12/10/2013 Residential New - MF Finaled 82
PARK PLAZA: NEW THREE STORY MIXED USE BUILDING WITH ONE LEVEL UNDERGROUND PARKING.
AREA OF UNDERGROUND GARAGE 104,000 SF. COMMERCIAL WARM SHELL ON THE FIRST FLOOR (47,000 SF) AND RESIDENTIAL ON THE SECOND AND THIRD FLOOR (101,500 SF) 82 RESIDENTIAL UNITS. PERMIT ORIGINALLY ISSUED FOR FOUNDATION ONLY. REMAINDER OF STRUCTURE UNDER 13REV-00764 AND
WAS OPENED FOR THOSE DEPARTMENTS WHICH STILL HAD COMMENTS AT ISSUANCE OF FOUNDATION ONLY PERMIT.
101,500 1,238 5.18% 64
Total Res Sq. Ft.Ave. Sq. Ft. per
Unit
Percent of
Total Units
Combined
Weighted
Average
Building Permit Data - Multi-Family Residential
Permit No. Date Issued Construction Type Description Status Units Description Item 3
Attachment A - Second Supplement
to Development Impact Fee
Justification AB 602 Compliance
Item 3: Staff Report
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14000-01528 2/13/2015 Residential New - Mixed Use Finaled 70 STANFORD AFFORDABLE HOUSING: NEW FOUR (4) STORY MIXED USE BUILDING (128,682 SF). FIRST FLOOR INCLUDES PARKING (14,900 SF) AND COMMERCIAL SPACE (33,034 SF). FLOORS 2-4 CONSIST OF 70 RESIDENTIAL UNITS (80,748 SF). STRUCTURE CONSISTS OF TWO SEPARATE BUILDINGS CONNECTED BY A WALKWAY. U&O SUBMITTED FOR APARTMENTS.
80,748 1,154 4.42% 51
14000-01553 7/14/2015 Residential New - MF Finaled 58
MULTI-FAMILY BUILDING 1: NEW FOUR STORY MULTI-FAMILY BUILDING WITH 58 UNITS AND ONE LEVEL OF BASEMENT FOR PARKING. AREA BREAKDOWN - UNITS: 69,510 SF, COMMUNITY ROOM: 1,133 SF, PARKING: 45,713 SF, COVERED WALKWAYS/STAIRS: 36,165 SF. INCLUDES PLAZA SURROUNDING FITNESS
BUILDING
69,510 1,198 3.66% 44
14000-01554 7/14/2015 Residential New - MF Finaled 54
MULTI-FAMILY BUILDING 2: NEW FOUR STORY MULTI-FAMILY BUILDING WITH 54 UNITS. PARKING IS LOCATED ON THE PARTIALLY SUBMERGED FIRST FLOOR. AREA BREAKDOWN - UNITS: 70,634 SF, LIBRARY: 1,400 SF, PARKING: 50,783 SF, COVERED WALKWAYS/STAIRS: 27,308 SF. 70,634 1,308 3.41% 45
16000-01781 11/22/2016 Residential New - MF Finaled 11 NEW 11 UNIT MULTIFAMILY RESIDENTIAL BUILDING. 17968 SF (BASEMENT/UNDERGROUND GARAGE UNDER 15000-03076) **address changed to 430 Forest, Apts A-J & 432 Forest for 3rd floor condo**17,968 1,633 0.69% 11 12000-01204 2/28/2013 Residential New - MF Finaled 8 NEW THREE STORY MIXED USE BUILDING. WITH UNDERGROUND PARKING, FIRST FLOOR OFFICE SPACE AND EIGHT TWO-STORY RENTAL APARTMENT UNITS ON THE SECOND & THIRD FLOORS.14,271 1,784 0.51% 9 13000-03361 8/26/2015 Residential New - MF Finaled 6
NEW THREE STORY, SIX (6) UNIT TOWNHOUSE BUILDING. ALL SIX UNITS HAVE THE SAME SQUARE FOOTAGE: AREA PER UNIT RESIDENTIAL: 1237 SF, GARAGE: 460 SF. ALL UNITS TO HAVE SEPARATE WATER, GAS, AND ELECTRIC METERS. **Application extended to 9/10/15** 7,425 1,238 0.38% 5
07000-00000-027551/23/2013 Residential New - MF Permit Issued 3 NEW 3-UNIT CONDO BLDG (3795 SF) WITH ATTACHED GARAGES (1044 SF) no fees per settlement with CPA 3,795 1,265 0.19% 2
07000-00000-027561/23/2013 Residential New - MF Permit Issued 3 NEW 3-UNIT CONDO BLDG (3795 SF) WITH ATTACHED GARAGES (1044 SF) no fees per settlement with CPA 3,795 1,265 0.19% 2
11000-03261 6/14/2013 Residential New - Duplex Finaled 2 NEW 2-STORY RESIDENCIAL DUPLEX WITH BASEMENT AND ATTACHED GARAGE. (DEMO PERMIT UNDER 11-3262) ADDRESS CHANGE SUBMITTED 12.10.14 JC 3,405 1,703 0.13% 2 12000-02841 5/14/2013 Residential New - Mixed Use Permit Issued 2
NEW THREE STORY MIXED-USE BUILDING WITH COMMERCIAL AND PARKING AT THE GROUND FLOOR AND TWO RESIDENTIAL CONDOMINIUM UNITS ABOVE. TRASH ENCLOSURE AND SITE IMPROVEMENTS. (TI FOR FIRST FLOOR TO BE SHALL BE A SEPARATE PERMIT)ADDITIONAL ADDRESS REQUESTED
06.04.2014 JC
3,840 1,920 0.13% 2
13000-02317 2/26/2014 Residential New - Mixed Use Finaled 2 CORE AND SHELL INCLUDES 4 LEVELS ABOVE GRADE FOR MIXED USE; FIRST 3 LEVELS COMMERCIAL AND 4TH FOR RESIDENTIAL. INCLUDES 3 LEVELS BELOW GRADE PARKING. TENANT IMPROVEMENTS UNDER SEPARATE PERMITS.**VALUATION INCREASED ON MAIN PERMIT FOR 15REV-00134 BY $250K AND ASSOCIATED FEES COLLECTED.**
4,831 2,416 0.13% 3
13000-02823 9/17/2014 Residential New - Mixed Use Finaled 2 BUILD (N) (10,299 SF) FOUR-STORY, MIXED USE COMMERCIAL/RESIDENTIAL (APTS) BUILDING W/BELOW GRADE PARKING. (DEMO ON 13000-02824) PV & EV TO BE SUBMITTED SEPARATELY. 5,477 2,739 0.13% 3 13000-03386 7/11/2016 Residential New - Duplex Finaled 2 NEW DUPLEX 2-STORY MAIN RESIDENCE WITH BASEMENT ~4600SF. (DEMO UNDER 13-3387) (567 STANFORD AVE, ATTACHED SECOND DWELLING UNIT ~ 748SF (13-3401 : NEW DETACHED GARAGE ~427 SF)
4,600 2,300 0.13% 3
14000-01488 11/21/2014 Residential New - Mixed Use Finaled 2 NEW 4-STORY MIXED USE COMMERCIAL / RESIDENTIAL STRUCTURE ~17500SF. (14-1489- DEMO COMMERCIAL STRUCTURE) 3,005 1,503 0.13% 2
14000-01582 3/3/2017 Residential New - Duplex Finaled 2 LOTS 26 AND 27: PLANS 11 AND 12, ELEVATION: K, STYLE: ENGLISH ARTS AND CRAFTS. THE STRUCTURE ON LOTS 26 AND 27 ARE ATTACHED SINGLE FAMILY DWELLINGS AND IS BEING BUILT AND PLAN CHECKED AS A SINGLE STRUCTURE, AREA OF HABITABLE 4,168 SF, AREA OF GARAGE 976 SF, AND AREA OF COVERED PORCHES 155 SF. FOR LOT 26 (PLAN 11) AREA OF HABITABLE 1951 SF, AREA OF GARAGE 520 SF, AND AREA OF COVERED PORCH IS 93 SF. FOR LOT 27 (PLAN 12) AREA OF HABITABLE 2,217 SF, AREA OF GARAGE IS 456 SF, AND AREA OF COVERED PORCH IS 68 SF. Lot 26 previously plan 5 and plan checked under 14000-01562
4,168 2,084 0.13% 3
14000-01584 3/3/2017 Residential New - Duplex Finaled 2 LOTS 28 AND 29: PLANS 11 AND 12, ELEVATION: L, STYLE: LANE WOODS. THE STRUCTURE ON LOTS 26 AND 27 ARE ATTACHED SINGLE FAMILY DWELLINGS AND IS BEING BUILT AND PLAN CHECKED AS A SINGLE STRUCTURE, AREA OF HABITABLE 4,168 SF, AREA OF GARAGE 976 SF, AND AREA OF COVERED PORCHES 155 SF. FOR LOT 28 (PLAN 11) AREA OF HABITABLE 1951 SF, AREA OF GARAGE 520 SF, AND AREA OF COVERED PORCH IS 93 SF. FOR LOT 29 (PLAN 12) AREA OF HABITABLE 2,217 SF, AREA OF GARAGE IS 456 SF, AND AREA OF COVERED PORCH IS 68 SF. Lot 28 was previously Plan 5. Plan check being done for same model under 14000-01603 (lots 47 and 48) 4,168 2,084 0.13% 3
14000-01588 3/3/2017 Residential New - Duplex Finaled 2 LOTS 32 AND 33: PLANS 11 AND 12, ELEVATION: L, STYLE: LANE WOODS. THE STRUCTURE ON LOTS 26 AND 27 ARE ATTACHED SINGLE FAMILY DWELLINGS AND IS BEING BUILT AND PLAN CHECKED AS A SINGLE STRUCTURE, AREA OF HABITABLE 4,168 SF, AREA OF GARAGE 976 SF, AND AREA OF COVERED PORCHES 155 SF. FOR LOT 32 (PLAN 11) AREA OF HABITABLE 1951 SF, AREA OF GARAGE 520 SF, AND AREA OF COVERED PORCH IS 93 SF. FOR LOT 33 (PLAN 12) AREA OF HABITABLE 2,217 SF, AREA OF GARAGE IS 456 SF, AND AREA OF COVERED PORCH IS 68 SF. Lot 32 was previously Plan 8. Plan check being done for same model under 14000-01603 (lots 47 and 48) 4,168 2,084 0.13% 3
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14000-01603 3/3/2017 Residential New - Duplex Finaled 2 LOTS 47 AND 48: PLANS 11 AND 12, ELEVATION: K, STYLE: ENGLISH ARTS AND CRAFTS. THE STRUCTURE ON LOTS 26 AND 27 ARE ATTACHED SINGLE FAMILY DWELLINGS AND IS BEING BUILT AND PLAN CHECKED AS A SINGLE STRUCTURE, AREA OF HABITABLE 4,168 SF, AREA OF GARAGE 976 SF, AND AREA OF COVERED PORCHES 155 SF. FOR LOT 47 (PLAN 11) AREA OF HABITABLE 1951 SF, AREA OF GARAGE 520 SF, AND AREA OF COVERED PORCH IS 93 SF. FOR LOT 48 (PLAN 12) AREA OF HABITABLE 2,217 SF, AREA OF GARAGE IS 456 SF, AND AREA OF COVERED PORCH IS 68 SF. Lot 47 was previously lot 6X and plan check and plan check fees for this lot number are still in reference to plan 6X. Currently the only plan 6X is now Lot 53.
4,168 2,084 0.13% 3
15000-01683 9/25/2015 Residential New - Duplex Finaled 2 125 AND 127 HAWTHORNE: NEW TWO STORY DUPLEX (3234 SF) WITH ATTACHED GARAGE (458 SF) AND TRELLIS (185 SF). SCOPE OF WORK INCLUDES NEW TANKLESS WATER HEATERS. EACH UNIT HAS 1617 SF CONDITIONED AND 229 SF GARAGE.
3,234 1,617 0.13% 2
16000-02134 11/22/2016 Residential New - Duplex Finaled 2 NEW 2 UNIT DETACHED CONDO BUILDING (4495 SF) WITH ATTACHED GARAGE 778 SF **address changed to 434 & 436 Forest for 2 attached townhouse units** 4,495 2,248 0.13% 3 16000-02768 8/7/2017 Residential New - MF Finaled 2 NEW 3 STORY (2) UNIT CONDO 5608 SF W/ ATTACHED GARAGE 920SF 5,608 2,804 0.13% 4 14000-01000 9/11/2015 Residential New - Mixed Use Finaled 1 NEW 9571 SQ FT (3) STORY MIXED USE BUILDING TO INCLUDE A GROUND FLOOR FINANCIAL SERVICE, SECOND FLOOR OFFICE SPACE AND THIRD FLOOR RESIDENTIAL SINGLE UNIT; SHELL AND CORE WITH M.E.P., LANDSCAPING AND SITE IMPROVEMENTS. DEMO EXISTING SINGLE STORY RESTAURANT ON 14000-01001
3,336 3,336 0.06% 2
13000-03096 7/17/2014 Residential New - Mixed Use Finaled 1 COLD SHELL FOR NEW THREE STORY MIXED USE BUILDING (7705 SF). FIRST STORY IS GARAGE AND LOBBY (2438 SF), SECOND FLOOR IS COMMERCIAL (2165 SF), AND THE THIRD FLOOR IS RESIDENTIAL (2152 SF). SEPARATE PERMIT WILL BE SUBMITTED FOR BUILD OUT OF COMMERCIAL AND RESIDENTIAL FLOORS. ELECTRIC SERVICE TO BE 500 AMPS. DEMO PERMITS UNDER 13-3097/3098/3099. LOT LINE MUST BE ADJUSTED AND UTILITY EASEMENT CREATED PRIOR TO PERMIT ISSUANCE. 2,152 2,152 0.06% 1
16000-00632 4/12/2017 Residential New - Mixed Use Finaled 16
CONSTRUCTION OF A NEW THREE STORY MIXED USE BUILDING WITH ONE LEVEL OF UNDERGROUND PARKING (71,075 SF). SCOPE OF WORK INCLUDES 16 APARTMENTS ON THE SECOND AND THIRD FLOORS, OFFICE ON THE SECOND FLOOR, AND RETAIL ON THE FIRST FLOOR. RESIDENTIAL UNITS TO HAVE
SEPARATE ELECTRICAL METERS AND SHARED GAS METERS
19,086 1,193 1.01% 12
Weighted Average Sq. Ft. 1,124
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Summary of Previous Work Performed for the City
A Development Impact Fee Justification Study
On January 15, 2021, DTA issued a Development Impac t Fee (“DIF” or “Fee”) Justification Study (the “Study”) to the City of Palo Alto (the “City”), reflecting the updated fee recommendations outlined in Table 1 below. The Stu dy was reviewed by the City’s Finance Committee, Parks and Recreation Commission, and City Council on December 12, 2020, February 23, 2021, and April 12, 2021, respectively. The fees recommended in the Study were approved by the City Council and implemented as of August 23, 2021, with the understanding that DTA would evaluate the impact of various City Council recommendations on the fee calculations and provide an update to the Study accordingly.
Table 1: 2021 Development Impact Fee Summary Adopted by the City Council 1,2 Land Use Type 3 Park Community
Center Library Total Fees
Single-Family
Residential (Per Unit) $57,420 $4,438 $2,645 $64,504
Multi-Family Residential
(Per Unit) $42,468 $3,283 $1,956 $47,707
*Notes :
1. Some figures may not sum due to rounding.
2. Fees increase annually by adopted escalator to acco unt for inflation in acquisition and construction costs.
3. Only residential fees are shown, as the focus of this analysis is on the impact of AB 602 on residential development.
B First Supplement to the Development Impact Fee Justification Study In January 2022, the City requested that DTA prepare the follow-up analysis outlined in the Supplement to the Development Impact Fee Justification Study (the “Supplement”) that was brought to the Parks and Recreation Commis sion, Finance Committee, and City Council on February 22, 2022, May 3, 2022, and June 13, 2022, respectively. This Supplement addressed the items below:
Task A – Update land acquisition costs;
Task B – Differentiate the fee structure for retail space versus office space; Task C – Update office density from 250 sq. ft. per employee to 190 sq. ft. per employee;
Task D – Recommend the frequency with which these s chedules should be updated;
Task E – Evaluate whether the multi- and single-family fee categories should be divided into multiple categories based on total squ are feet or some other measure; and
Task F – Evaluate options for a reduction in fees for new multi-family housing construction for projects that exceed required percentages of below market rate (“BMR”) units.
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***NOT YET APPROVED***
1 0160153_kb2_20240829_ay
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2025 Municipal Fee Schedule to Transition Certain Development Impact Fees from Per-Unit to Per-Square Foot Fees
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On September 28, 2021, the Governor of the State of California signed Assembly Bill 602, effective January 1, 2022, amending the Mitigation Fee Act (California Government Code Section 66000 et seq.). AB 602 set forth a number of standards and practices for a local government conducting a nexus study to support a development impact fee.
B. One of the requirements of AB 602 is that a study adopted after July 1, 2022 must either calculate the proposed fee proportionately to the square footage of the proposed units or make specified findings explaining why square footage is not an appropriate metric.
C. The City of Palo Alto currently imposes Park, Community Center, and Library development impact fees on a per-dwelling unit basis.
D. Program 3.1 (Fees Waivers and Adjustments) of the City of Palo Alto 2023-2031 Housing Element calls for development impact fees for residential development to be converted from a per-dwelling unit to a per-square foot standard.
E. The City Council has determined that square footage is an appropriate metric for calculating Park, Community Center, and Library development impact fees imposed on residential development and desires to amend the Fiscal Year 2025 Municipal Fee Schedule accordingly.
SECTION 2. The Council of the City of Palo Alto amends the Fiscal Year 2023 Municipal Fee Schedule by adopting the new fee for on-demand transit as set forth in Exhibit “A” and incorporated here by reference.
SECTION 3. The Council finds that this ordinance is not a “project” under CEQA because it has no potential for resulting in either a direct or reasonably foreseeable indirect change in the environment.
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SECTION 4. This ordinance shall be effective upon adoption as an amendment to the City’s Fiscal Year 2025 budget.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
___________________________
Mayor
APPROVED:
___________________________
City Manager
___________________________
Director of Planning and
Development Services
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Attachment A
Planning and Development Services
Impact and In-Lieu Fees
Development Impact Fees - Residential
Single Family Multi-Family
Community Center Impact Fee
Note: ADUs under 750 sf exempt.
$1.45 per sq. ft. $3.44 per sq. ft.
Library Impact Fee
Note: ADUs under 750 sf exempt.
$0.87 per sq. ft. $2.05 per sq. ft.
Park Impact Fee
Note: ADUs under 750 sf exempt.
$18.78 per sq. ft. $44.50 per sq. ft.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: September 23, 2024
Staff Report:2406-3193
TITLE
Approval of Four (4) Professional Services Contracts for Reliability and Resiliency On-Call Services for a Period of Up to 5 Years to Support the Implementation of Palo Alto’s Reliability and Resiliency Strategic Plan as Needed: 1) Contract Number C25189412A with Buro Happold in an Amount Not to Exceed $450,000; and 2) C25189412B with EcoMotion, C25189412C with Energeia, and C25189412D with Energy and Environmental Economics, Inc. (E3), in an Amount Not to Exceed $250,000 (Each); CEQA Status – Not a Project.
RECOMMENDATION
Staff recommends that City Council approve and authorize the City Manager or their designee to execute 4 Professional Services Contracts to support the implementation of Palo Alto’s Reliability and Resiliency Strategic Plan (RRSP) with the following companies for a duration of up to five years:
•Contract # C25189412A with Buro Happold for an Amount Not-to-Exceed $450,000; •Contract # C25189412B with EcoMotion for an Amount Not-to-Exceed $250,000; •Contract # C25189412C with Energeia for an Amount Not-to-Exceed $250,000; •Contract # C25189412D with Energy and Environmental Inc (E3) for an Amount Not-to- Exceed $250,000;
EXECUTIVE SUMMARY
Staff recommends the approval of 4 Professional Service Contracts. Companies retained under these contracts will support the implementation of Reliability and Resiliency Strategic Plan (RRSP) which was approved by the City Council on April 15, 2024.
These contracts are on-call agreements that allow the City to contract for work on specific projects on an as-needed basis. The contract dollar limits above represent the total not-to-exceed cost of work that can be done with any individual contractor, but staff does not anticipate using the full amount for each contract.
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BACKGROUND
The City Council approved the Reliability and Resiliency Strategic Plan (RRSP) on April 15, 2024 (2401-2496)1. The RRSP is intended to address questions the community has had about the electric system’s:
•Reliability: how frequently the system experiences outages, •Modernization: how the system will be upgraded to integrate and effectively utilize new and existing flexible technologies like solar with batteries or vehicle to grid technology, •Capacity: the capacity of the system to handle electrification, and •Resiliency: the system’s ability to minimize the impacts of a major event, recover quickly, and the utility’s role in helping individual customers maintain service during outages.
ANALYSIS
The RRSP includes six strategies, as follows:
•Strategy 1: Replace and modernize electric distribution infrastructure, which includes:
othe grid modernization project
othe second transmission line project
othe Foothills undergrounding project
•Strategy 2: Implement operational practices to improve reliability and manage outages effectively
•Strategy 3: Integrate and ease adoption of flexible and efficient technologies and strategies
•Strategy 4: Evaluate the benefits of flexible and resiliency technologies and efficient electrification strategies to the utility and community •Strategy 5: Evaluate the resource needs to promote the adoption of various flexible demand reduction and resiliency solutions and efficient electrification strategies. •Strategy 6: Implement any utility-driven programs identified in Strategy 5 that are chosen by Council.
The four companies selected have the expertise to assist with the tasks required to implement the RRSP, particularly as it relates to Strategies 3, 4, 5 and 6.
Solicitation Process
The City published the Request for Proposals (RFP) for the Funding Study on the City’s eProcurement platform, on March 6, 2024. The City received six responsive Proposals from Buro Happold Consulting Engineers, EcoMotion, Energeia USA, Energy Environmental Economics (E3), HGA, and Smith Group.
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Table 1. Summary of RFP Process
RFP Name/Number Consulting Services to Scope Projects to Enhance Resiliency RFP No. 189412
RFP Issued March 6, 2024
Proposals Due April 9, 2024
# of Firms Notified 3017
Total Days to Respond to RFP 34
# of Proposals Received 6
Non-responsive bidders/ Responsive bidders 0 / 6
Public Link to Solicitation
https://procurement.op
engov.com/portal/palo-a
lto-ca/projects/83948
Proposals Price Range – Retainer Rates Hourly rate ranging from ~$202 to ~$337 An evaluation committee comprised of three Resource Management Division staff reviewed the proposals and conducted interviews with the top four scoring firms. The committee reviewed the firm’s qualifications and submittals in response to the criteria outlined in the RFP, including work quality, the firm’s experience and effectiveness, quality and completeness of the proposal, prior performance, the proposer’s financial stability and ability to provide services.
The committee also evaluated each firm’s proposed strategy and approach to supporting the City in these service areas.
Staff recommends contracting with four of the companies on a task order basis to undertake projects as needed. The four companies were: Buro Happold Consulting Engineers, EcoMotion, Energeia USA, and Energy Environmental Economics (E3). The four firms provided competitive proposals with a cross section of expertise needed to implement the RRSP in the coming years.
The general type of services under this agreement would be as follows:
•Valuing the benefits of flexible and distributed technologies like rooftop solar PV, battery energy storage, vehicle to grid, efficient electrification, and other strategies in reducing utility electric supply and distribution system cost and in enhancing customer resiliency.
•Identifying ways to utilize efficient electrification technologies such as low powered EV chargers, circuit pausers and circuit sharing, smart electrical panels, and whole home back-up switches to lower electrical system upgrade costs of homes. •Quantifying the value of resiliency for residents and non-residents •Analyzing the resiliency strategies currently available to residents, such as backup generators, solar and energy storage, and emergency preparation, and prospective strategies such as vehicle to home technology
•Helping to develop a list of potential resiliency programs and projects the City and its electric utility could take to enhancing electric resiliency for the community, developing Item 4
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estimates of staff time and budgets needed to evaluate each approach in more depth, and developing preliminary cost and value estimates of implementation of each approach where feasible.
•Evaluating equitable or community-based approaches to the above programs focused on low-income residents, critical facilities, or emergency facilities. •Evaluating microgrid strategies for the City, its electric utility, and utility customers. •Other evaluations of home and business energy technologies. •Identifying ways to communicate the benefit and to encourage the utilization of efficient electrification technologies such as low powered EV chargers, circuit pausers and circuit sharing, smart electrical panels, and whole home back-up switches to lower electrical system upgrade costs of homes.
Work under these contracts will be done on a task order basis, meaning that no work will be authorized by entering into the agreements. Companies are not guaranteed work under these agreements and will only be compensated for work authorized via staff’s execution of task orders for specific projects, on an as-needed basis. The scope, budget, and final deliverables for each project under the agreements will be agreed upon by the consultant and City staff before each task begins.
Expected expenditures for Buro Happold are larger in Year 1, compared to the other three companies, because they have been selected to lead Phase I of the analysis to value flexible distributed technologies and develop a list of potential customer resiliency programs. Buro Happold is being engaged to do analysis related to Strategies 3, 4, and 5 of the RRSP. That work encompasses some cost/benefit analysis, barrier identification, and program design related to certain energy technologies. All bidders wrote proposals on a set of tasks related to Strategies 3, 4, and 5 as part of the RFP process, and Buro Happold’s proposal was selected due to the highly relevant experience of them and their subcontractor as well as the quality of their proposal and their competitive pricing. When the City establishes a master agreement that from an RFP that includes specific work as well as additional, unspecified future work, normally the scope for that work would be included in the master agreement. But in this case, staff expects to seek Utilities Advisory Commission (UAC) feedback on the scope of work and recently discussed with the commission at their September 4 meeting. Staff chose to specify this feedback and work in the first task order instead of delaying the contract drafting and approval process.
For any additional task orders not specified in the RFP staff plans to seek quotes from all companies before choosing and signing. Variables to be expected in review include cost, timing/availability, and expertise. All task orders will be authorized by the Utilities Director.
POLICY IMPLICATIONS
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The services involved will help implement the RRSP which was approved by the City Council in April 2024 and is envisaged by the City’s S/CAP Implementation Plan, a Council priority.
FISCAL/RESOURCE IMPACT
Funding for the first year of the services involved is available in the FY 2025 City Adopted Budget. The cost of the initial task order to Buro Happold focused on Strategies 3, 4, and 5 is anticipated to be about $150,000 to $250,000 in the first year, but the expenditure need for future years is uncertain. Subsequent year task orders will depend on Council approval of new reliability and resiliency programs for design and implementation or requests for additional analysis to support that policy decision. Microgrid project analyses in particular are costly, if pursued.
The maximum combined annual expenditure under all four contracts is $400,000 per year for the next three years, though staff does not anticipate expending the full amount.
STAKEHOLDER ENGAGEMENT
City Council and the Utilities Advisory Commission was engaged in the development of the RRSP. The S/CAP Ad-hoc Working Group provided input on the draft consultant scope of work at their meeting June 19th and the Utilities Advisory Commission provided input at their September 4th meeting. Staff will continue to engage with the S/CAP Working Group and the UAC as the study results become available.
ENVIRONMENTAL REVIEW
Approval of the attached agreements described in this staff report does not meet the definition of a project under the California Environmental Quality Act (CEQA), pursuant to the California Public Resources Code Section 21065, because it is not an activity that will cause a direct physical change in the environment.
ATTACHMENTS
Attachment A: Agreement C25189412A Buro Happold
Attachment B: Agreement C25189412B EcoMotion
Attachment C: Agreement C25189412C Energeia
Attachment D: Agreement C25189412D E3
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Jonathan Abendschein, Assistant Director of Climate Action Item 4
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Professional Services
Rev. Jan 29, 2024
CITY OF PALO ALTO CONTRACT NO. C25189412A
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
BURO HAPPOLD CONSULTING ENGINEERS, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 16th day of September, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BURO HAPPOLD CONSULTING ENGINEERS, INC., a California corporation, located at 800 Wilshire Blvd., 16FL, Los Angeles, CA 90017 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to award a contract (the “Project”) and desires to engage a consultant to assist with undertaking analytical work, program design and development advisory services, technical evaluations (both programmatic and possibly related to specific projects), and policy development assignments in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on- call Services only by advanced, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of s ervices, schedule of performance and Docusign Envelope ID: 6BA210AD-052D-44A6-B7D1-E5ABF5F1864C Item 4
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maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through September 15, 2029 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE . time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Four Hundred Forty Thousand Dollars ($440,000.00). CONSULTANT shall only be compensated for Services performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. CONSULTANT acknowledges and agrees that CON SULTANT is not guaranteed or assured of any specific quantity of Services to be authorized under this Agreement . T he hourly schedule of rates , if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Ten Thousand Dollars ($10,000.00) for the performance of Additional Services ( as defined below). The total compensation for Docusign Envelope ID: 6BA210AD-052D-44A6-B7D1-E5ABF5F1864C Item 4
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performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Four Hundred Fifty Thousand Dollars ($450,000.00), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional S ervices in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill an d experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT Docusign Envelope ID: 6BA210AD-052D-44A6-B7D1-E5ABF5F1864C Item 4
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under this A greement s hall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, an y change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement Docusign Envelope ID: 6BA210AD-052D-44A6-B7D1-E5ABF5F1864C Item 4
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will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
Alternative Energy Systems Consulting, Inc.
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors . CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Chris Ceravolo, 800 Wilshire Blvd., 16FL, Los Angeles, CA 90017, Telephone: (212)616- 0327, Email:
[email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day- to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s P roject Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute P roject Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Shiva Swaminathan , Utilities Department, Utilities Resource Management Division, 250 Hamilton Ave., Palo Alto, CA , 94301, Telephone: (650) 329-2465, Email: [email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual Docusign Envelope ID: 6BA210AD-052D-44A6-B7D1-E5ABF5F1864C Item 4
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property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and ag ainst any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall Docusign Envelope ID: 6BA210AD-052D-44A6-B7D1-E5ABF5F1864C Item 4
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obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT , CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONS ULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT wi ll deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services Docusign Envelope ID: 6BA210AD-052D-44A6-B7D1-E5ABF5F1864C Item 4
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up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s S ervices provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financi al interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
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SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregna ncy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such Docusign Envelope ID: 6BA210AD-052D-44A6-B7D1-E5ABF5F1864C Item 4
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employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality Docusign Envelope ID: 6BA210AD-052D-44A6-B7D1-E5ABF5F1864C Item 4
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and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
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action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to t hird parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT NO. C25189412A SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
BURO HAPPOLD CONSULTING
ENGINEERS, INC.
By:_________________________________
Name:_______________________________
Title: _______________________________
By:_________________________________
Name:_______________________________
Title: _______________________________
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Denzil Gallagher
Joyce Engebretsen
Corporate Secretary
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.
Services provided under this Agreement will be done on a Task Order basis, and no specific work is authorized by entering into this Agreement without the authorization of Task Orders for specific projects. The scope, budget, and final deliverables for each project under this Agreement will be agreed upon by the CONSULTANT and CITY before each task begins. CONSULTANT shall only be compensated for Services performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4.
The general type of projects under this Agreement may include, but are not limited to:
1. Valuing the benefits of flexible and distributed technologies like rooftop solar PV, battery energy storage, vehicle to grid, efficient electrification, and other strategies in reducing utility electric supply and distribution system costs and in enhancing customer resiliency.
2. Identification of ways to utilize efficient electrification technologies such as low powered EV chargers, circuit pausers and circuit sharing, smart electrical panels, and whole home back-up switches to lower electrical system upgrade costs of homes.
3. Quantifying the value of resiliency for residents and non-residents.
4. Analyzing the resiliency strategies currently available to residents, such as backup generators, solar and energy storage, and emergency preparation; and analyzing prospective strategies such as vehicle to home technology
5. Developing a list of potential resiliency programs and projects the City and its electric utility could take to enhance electric resiliency for the community, developing estimates of staff time and budgets needed to evaluate each approach in more depth, and developing preliminary cost and value estimates of implementation of each approach where feasible.
6. Evaluating equitable or community-based approaches to the above program (#5 above) focused on low-income residents, critical facilities, or emergency facilities.
7. Evaluating microgrid strategies for the City, its electric utility, and utility customers.
8. Other Distributed Energy Resources (DER) related evaluation.
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electrical panels, and whole home back-up switch to lower electrical system upgrade costs of homes.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. ( AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
The schedule of performance shall be as provided in the approved Task Order, as detailed in Exhibit A (Scope of Services) in the case of On-Call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on- call agreements per Section 1 or agreements with Additional Services per Section 4.)
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all S ervices, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement . CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4) , within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimburs able under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay A rea, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
BURO HAPPOLD
Staffing Tier Hourly Rates ($/hour) Typical Effort
Partner 400 3%
Principal 330 9%
Associate Principal 285 15%
Associate 220 8%
Senior Engineer 185 7%
Technical Designer / Engineer 2 165 5%
Technical Designer / Engineer 1 145 3%
AESC
Staffing Tier Hourly Rates ($/hour) Typical Effort
Director / Prinicpal Engineer 275 3%
Engineering Manager 240 8%
Lead Engineer 235 12%
Senior Engineer 208 7%
Staff Engineer 189 9%
Engineer 165 8%
Associate Engineer 135 3%
Melded Average for Buro Happold & AESC
Average Hourly Rates ($/hour)
237
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY
CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
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CITY OF PALO ALTO CONTRACT NO. C25189412B
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
ECOMOTION INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 16th day of September, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and ECOMOTION, INC., a California corporation, located at 216 West Kenneth Road, Glendale, CA 91202 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to award a contract (the “Project”) and desires to engage a consultant to assist with undertaking analytical work, program design and development advisory services, technical evaluations (both programmatic and possibly related to specific projects), and policy development assignments in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on- call Services only by advanced, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of s ervices, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
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Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through September 15, 2029 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Two Hundred Forty Thousand Dollars ($240,000.00). CONSULTANT shall only be compensated for Services performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. CONSULTANT acknowledges and agrees that CON SULTANT is not guaranteed or assured of any specific quantity of Services to be authorized under this Agreement. The hourly schedule of rates , if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Ten Thousand Dollars ($10,000.00) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified Docusign Envelope ID: 1C8E7145-A1D7-4C62-8205-43771501428F Item 4
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in Exhibit C, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00), as detailed in Exhibit C. CONSULTANT shall only be compensated for Services performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. CONSULTANT acknowledges and agrees that CONSULTANT is not guaranteed or assured of any specific quantity of Services to be authorized under this Agreement.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional S ervices in this Section 4. CONSULTANT shall provide Add itional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Proj ect Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT Docusign Envelope ID: 1C8E7145-A1D7-4C62-8205-43771501428F Item 4
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represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this A greement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s Docusign Envelope ID: 1C8E7145-A1D7-4C62-8205-43771501428F Item 4
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obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
Point Energy Innovations, Verdant Associates, LLC
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors . CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Ted Flanigan , 216 West Kenneth Road. Glendale, CA 91202, Telephone: ( 949)292-7314, Email:
[email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day- to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s P roject Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute P roject Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Shiva Swaminathan , Utilities Department, Utilities Resource Management Division, 250 Hamilton Ave., Palo Alto, CA , 94301, Telephone: (650) 329-2465, Email: [email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property Docusign Envelope ID: 1C8E7145-A1D7-4C62-8205-43771501428F Item 4
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of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner re lated to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 1 6 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
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18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT , CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or ter mination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
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19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s S ervices provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further c ovenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the Docusign Envelope ID: 1C8E7145-A1D7-4C62-8205-43771501428F Item 4
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appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregna ncy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
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(Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
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employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
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29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to t hird parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT NO. C25189412B SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
ECOMOTION INC.
By:_________________________________
Name:_______________________________
Title: _______________________________
By:_________________________________
Name:_______________________________
Title: _______________________________
Docusign Envelope ID: 1C8E7145-A1D7-4C62-8205-43771501428F Ted Flanigan
President
Secretary of EcoMotion
Terry Chan
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.
Services provided under this Agreement will be done on a Task Order basis, and no specific work is authorized by entering into this Agreement without the authorization of Task Orders for specific projects. The scope, budget, and final deliverables for each project under this Agreement will be agreed upon by the CONSULTANT and CITY before each task begins. CONSULTANT shall only be compensated for Services performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4.
The general type of projects under this Agreement may include, but are not limited to:
1. Valuing the benefits of flexible and distributed technologies like rooftop solar PV, battery energy storage, vehicle to grid, efficient electrification, and other strategies in reducing utility electric supply and distribution system costs and in enhancing customer resiliency.
2. Identification of ways to utilize efficient electrification technologies such as low powered EV chargers, circuit pausers and circuit sharing, smart electrical panels, and whole home back-up switches to lower electrical system upgrade costs of homes.
3. Quantifying the value of resiliency for residents and non-residents.
4. Analyzing the resiliency strategies currently available to residents, such as backup generators, solar and energy storage, and emergency preparation; and analyzing prospective strategies such as vehicle to home technology
5. Developing a list of potential resiliency programs and projects the City and its electric utility could take to enhance electric resiliency for the community, developing estimates of staff time and budgets needed to evaluate each approach in more depth, and developing preliminary cost and value estimates of implementation of each approach where feasible.
6. Evaluating equitable or community-based approaches to the above program (#5 above) focused on low-income residents, critical facilities, or emergency facilities.
7. Evaluating microgrid strategies for the City, its electric utility, and utility customers.
8. Other Distributed Energy Resources (DER) related evaluation.
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electrical panels, and whole home back-up switch to lower electrical system upgrade costs of homes.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. ( AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
The schedule of performance shall be as provided in the approved Task Order, as detailed in Exhibit A (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on- call agreements per Section 1 or agreements with Additional Services per Section 4.)
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all S ervices, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement . CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4) , within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimburs able und er this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay A rea, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
EcoMotion Hourly Rates
Professional Project Role Hourly
Rate
Ted Flanigan Project Director $285
Terry Chan Chief Operating Officer $225
Alizeh Siddiqui Project Manager $150
Dave Houghton Building Electrification Specialist $225
Chris Calwell Mobility Electrification Specialist $225
Michael Ware Senior Solar Specialist $225
Benjamin Gold Energy Specialist $150
Simon Caplan Energy Specialist $150
Point Energy Innovations Hourly Rates
Professional Project Role Hourly
Rate
Rami Moussa Managing Principal $345
Alexis Karolides Principal $295
Brendan Kolts Associate Principal $245
Avril Levasseur Project Engineer $175
Verdant Associates Hourly Rates
Professional Project Role Hourly Rate
Jean Shelton Co-Founder $286
William Marin Co-Founder $286
Mike Rufo Executive Consultant $312
Brian McAuley Principal Consultant $250
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY
CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
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rofessional Services
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CITY OF PALO ALTO CONTRACT NO. C25189412C
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
ENERGEIA USA
This Agreement for Professional Services (this “Agreement”) is entered into as of the 16th day of September, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and ENERGEIA USA, a California corporation, located at 132 E Street, Suite 380, Davis, CA 95616 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to award a contract (the “Project”) and desires to engage a consultant to assist with undertaking analytical work, program design and development advisory services, technical evaluations (both programmatic and possibly related to specific projects), and policy development assignments in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on- call Services only by advanced, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of s ervices, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
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Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through September 15, 2029 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Two Hundred Forty Thousand Dollars ($240,000.00). CONSULTANT shall only be compensated for Services performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. CONSULTANT acknowledges and agrees that CON SULTANT is not guaranteed or assured of any specific quantity of Services to be authorized under this Agreement. T he hourly schedule of rates , if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Ten Thousand Dollars ($10,000.00) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified Docusign Envelope ID: 8D96CC26-4CC3-47B5-B2D6-E3939A5D8A63 Item 4
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in Exhibit C, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize A dditional Services up to the maximum amount of compensation set forth for Additional S ervices in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Servic es, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this A greement s hall meet the professional standard and quality that prevail among Docusign Envelope ID: 8D96CC26-4CC3-47B5-B2D6-E3939A5D8A63 Item 4
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professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH L AWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services u nder this Agreement , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change or der markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the Docusign Envelope ID: 8D96CC26-4CC3-47B5-B2D6-E3939A5D8A63 Item 4
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