Agenda packet — Palo Alto City Council, October 28, 2024 (part 3 of 3)

Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. Grantee represents, warrants, and agrees that it shall not discriminate against any contractor, subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Grantee also represents, warrants, and agrees that it shall not discriminate in provision of work performed in relation to this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

(8) County No-Smoking Policy. Grantee and its employees, agents, contractors, subcontractors and consultants, shall comply with the County’s No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County- owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles.

(9) Food and Beverage Standards. Except in the event of an emergency or medical necessity, County’s nutritional standards shall apply to any foods and/or beverages purchased by Grantee with Grant Funds for County-sponsored meetings or events.

(10) California Public Records Act. All documents and records provided to or made available to County under this Agreement become the property of the County, which is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Grantee proprietary information is contained in documents submitted to County, and Grantee claims that such information falls within one or more CPRA exemptions, Grantee must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, County will make reasonable efforts to provide notice to Grantee prior to such disclosure. If Grantee contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required at its own cost, liability, and expense to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara county before the County responds to the CPRA request. If Grantee fails to obtain such a remedy before County responds to the CPRA request, County may disclose the requested information and shall not be liable or responsible for such disclosure.

Grantee further warrants, represents, and agrees that it shall defend, indemnify, and hold County harmless against any and all claims, actions or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by County of a CPRA request for any information arising from any representation, or any action (or inaction), by the Grantee, its contractors, consultants, employees, agents, or representatives.

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Historic Grant Agreement (Program One-Round 1) CAPITAL
By and between the City of Palo Alto and the County of Santa Clara for the ‘Restoration of the Original Clay Tile Roof of the Historic Roth Building’ Project

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(11) No Third-Party Beneficiaries. This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the Parties signing this Agreement. Subcontractors, sponsors, and affiliates shall have no right or claim attaching to this Agreement or to the Grant Funds and are not third-party beneficiaries of or to this Agreement.

(12) Relationship of the Parties. The Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render the parties as joint venturers, partners, agents, a joint enterprise, employer-employee, or lender-borrower. Grantee shall have no authority to employ any person as employee or agent on behalf of County for any purpose. Neither Grantee nor any person using or involved in or participating in the Project or in the use of the Grant Funds shall be deemed a third party beneficiary to this Agreement nor an employee or agent of County, nor shall any such person represent himself or herself to others as a third party beneficiary to this Agreement or as an employee or agent of County.

(13) No Indemnification and Insurance by County. Nothing contained in this Agreement is to be construed as an indemnification by County for any loss, damage, injury or death arising out of or caused, in whole or in part, by the County or its Board of Supervisors, officers, executives, attorneys, employees, agents, representatives, contractors or subcontractors. Nothing contained herein shall be construed to, and nothing shall, obligate the County to provide any insurance, indemnity or protection for or on behalf of any third party, the Project or the property owner.

(14) Subcontractors. If any obligation is performed for or on behalf of Grantee through a consultant, contractor or subcontractor, Grantee shall remain fully responsible for the performance of all obligations under this Agreement and Grantee shall be solely responsible for all payments due to its contractors, consultants, or subcontractors. No contract, subcontract, or other agreement entered into by Grantee with any third party in connection with this Agreement, or for or in relation to the use of the Grant Funds, shall provide for any indemnity, guarantee, or assumption of liability by, or other obligation of, County with respect to such arrangement. No contractor, consultant, or subcontractor will be deemed a third party beneficiary for any purposes under or to this Agreement.

(15) Nonexclusive Agreement . Grantee agrees that this Agreement is non-exclusive and County may at any time, in it s sole discretion, enter into agreements with other parties for any purpose deemed to be in the best interest of the County.

(16) Paragraph Headings. The headings and captions of the various paragraphs and subparagraphs hereof are for convenience only, and they shall not limit, expand, or otherwise affect the construction or interpretation of this Agreement.

(17) Cumulative Remedies. The rights and remedies of the Parties to this Agreement, whether pursuant to this Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy.

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(18) Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original provided all of the Parties have fully executed the Agreement.

Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

(19) Construction/Severability. This Agreement shall not be construed more strongly against either Party regardless of who is more responsible for its preparation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable.

(20) Authority. Each Party represents and warrants that it has executed this Agreement freely, fully intending to be bound by the terms and provisions contained in this Agreement and that the persons signing below are authorized to sign on each Party’s behalf.

(21) Office of Foreign Assets Control Compliance. Grantee represents to County that:
(a) Grantee and each of the Grantee Representatives are not acting, and shall not act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation enforced or administered by the federal Office of Foreign Assets Control; and (b) Grantee, and the Grantee Representatives, are not engaged in this transaction, directly or indirectly, on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of any such person, group, entity, or nation.

(22) County Regulatory Authority. Grantee acknowledges and agrees that County, acting not as landlord but in its governmental regulatory capacity, has certain governmental regulatory authority over the Premises and that nothing in this Agreement binds the County to exercise or refrain from exercising this discretionary governmental authority in any particular manner.

(23) Bribery Clause. Grantee certifies, represents, and warrants that Grantee and the Grantee Representatives have not been convicted of bribery or attempting to bribe an officer or employee of County or any other municipality or state entity nor has Grantee or any of the Grantee Representatives made an admission of guilt of such conduct which is a matter of record.

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(24) Wage Theft Prevention.

a. Compliance with Wage and Hour Laws. Grantee, and any the Grantee Representatives it employs or contracts with to complete work under this Agreement, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage Ordinance.

b. Final Judgments, Decisions, and Orders. For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted. Relevant investigatory government agencies include: the Federal Department of Labor, the California Division of Labor Standards Enforcement, a local enforcement agency, or any other government entity tasked with the investigation and enforcement of wage and hour laws.

c. Prior Judgments against Grantee. By signing this Agreement, grantee affirms that it has disclosed any final judgments, decisions, or orders from a court or investigatory government agency finding—in the five years prior to executing this Agreement—that Grantee has violated any applicable wage and hour laws.

Grantee further affirms that it has satisfied and complied with—or has reached agreement with the County regarding the manner in which it will satisfy—any such judgments, decisions, or orders.

d. Judgments During Term of Contract. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision, or order finding that Grantee or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Grantee learns of such a judgment, decision, or order that was not previously disclosed, Grantee must inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM), no more than 15 days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. Grantee and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the Office of the County Executive-OCCM with documentary evidence of compliance with the final judgment, decision, or order within 5 days of satisfying the final judgment, decision, or order. County reserves the right to require Grantee to enter into an agreement with the County regarding the manner in which any such final judgment, decision, or order will be satisfied.

e. County’s Right to Withhold Payment. Where Grantee has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the County reserves the right to withhold payment to Grantee until such judgment, decision, or order has been satisfied in full.

f. Material Breach. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for termination of this Agreement and/or any other remedies available under this Agreement and/or law.

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g. Notice to County Related to Wage Theft Prevention. Notice provided to the Office of the County Executive as required under this Section shall be addressed to: Office of the County Executive—OCCM; 70 West Hedding Street; East Wing, 11th Floor; San José, CA 95110. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

(25) Prevailing Wage. Grantee acknowledges and agrees that work performed under this Agreement may be considered a public work within the meaning of California Labor Code Section 1720 and that the requirements of Section 1771, et. seq. apply to such public work.

Grantee has included (and will include) consideration for this obligation in calculating compensation under this Agreement, if such prevailing wage requirements are applicable.

Grantee is solely responsible and liable for ensuring compliance with all applicable prevailing wage laws. County may at any time, without obligation to do so, audit Grantee to verify whether Grantee is in compliance with prevailing wage laws. Grantee shall cooperate with all such audits, including making available and providing copies, during the period 9:00 a.m. to 5:00 p.m., Monday through Friday, any and all records requested by County to verify compliance promptly upon request, but not later than seventy-two hours after such request.

(26) Insurance. Grantee shall provide insurance and comply with all insurance and other terms and conditions set out in the attached Exhibit C.

(27) Intellectual Property. Grantee acknowledges, represents, warrants, and agrees that Grantee owns and holds the full rights to any and all images, paintings, art work, photographs, depictions, videos, other digital representations and other intellectual property (the “Intellectual Property”) that Grantee produces, creates, generates, uses or provides as a part of the Project, and Grantee does hereby assign, transfer and grant to the County of Santa Clara the non- exclusive, non-revocable, perpetual, worldwide license to use the Intellectual Property for any County purpose, including but not limited to the right to post, reproduce, market, print, copy, use in any form and in social media or the internet, use in any marketing or advertising, display, publicly perform, publish, broadcast, distribute, combine or distribute the Intellectual Property or any of the intellectual property rights contained therein for County’s sole use, excluding the right to sell, transfer or assign any of the Intellectual Property. Grantee further waives any right it may have to inspect, view, or approve any of the uses made of the Intellectual Property.

Grantee hereby forever releases, discharges, and agrees to save and hold harmless County, its employees, agents, representatives and Board of Supervisors, from, for and against any and all liabilities, claims, causes of action, allegations and lawsuits that are made or threatened to be made in relation to any use made of any of the Intellectual Property, including but not limited to any blurring, distortion, alteration, optical illusion or use in composite or edited form, whether intentional or otherwise, that may occur or be produced in the use of any of the Intellectual Property or the processing of the Intellectual Property.

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(28) Exhibits. The following exhibits are attached to this Agreement and are incorporated herein by this reference.

Exhibit A – Historic Grant Program Procedural Guide
Exhibit B – Grant Application
Exhibit C – Insurance Requirements and Proof of Insurance

(29) Survival. All terms and conditions that by their nature should survive termination or expiration of this Agreement, shall so survive including but not limited to Sections 1, 2, 3, 5, 6, 8, and 9 inclusive.

////SIGNATURES FOLLOW ON NEXT PAGE////

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as provided below, effective as of the last date signed by all the Parties (“Effective Date”).

Grantee:

Ed Shikada, City Manager
City of Palo Alto
Dated:

Approved as to form:
7HUHQFH+RZ]HOO, &KLHI$VVLVWDQW&LW\$WWRUQH\
City of Palo Alto
COUNTY OF SANTA CLARA:

Sylvia Gallegos
Deputy County Executive
Date:

Approved as to form and legality:
(OL]DEHWK9LVVHUV
Deputy County Counsel

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GRANT FUNDING AGREEMENT
for the City of Palo Alto for
the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS

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GRANT F

UNDING AGREEMENT
Between the County of Santa Clara and the City of Palo Alto for Restoration and Repair of the Roth Building Elevator (Fiscal Year 2022 Historic Heritage Grant Funds, $350,000) Thi
s Grant Funding Agreement (“Agreement”) is made and entered into as of the last date signed below by all parties (“Effective Date”) by and between the County of Santa Clara, a political subdivision of the State of California (“County”), and the City of Palo Alto, a California municipality, with its primary offices located at 250 Hamilton Ave, Palo Alto, CA 94301 (“Grantee”). County and Grantee shall sometimes be referred to herein individually as a “Party” or collectively as the “Parties.”
RECIT
ALS
WH
EREAS, the Grantee submitted an application to the County’s Historical Heritage Commission (“Historical Heritage Commission” or “Commission”) for funding of the Restoration and Repair of the Roth Building Elevator (“Project”) located at 300 Homer Avenue, Palo Alto, CA 94301;
WH
EREAS, the Project includes the restoration and repair of the Roth Building’s 1940’s Otis Elevator, as more fully described in Attachment A “Scope of Work and Itemized Project Budget” incorporated and made a part of this Agreement by reference herein; WH
EREAS, the Historical Heritage Commission, on April 21, 2022, reviewed the merits of the Grantee’s application and forwarded its recommendation to the Board of Supervisors that it approve the allocation of $350,000 (Three-hundred fifty thousand dollars) from the Fiscal Year 2022 Historical Heritage Park Charter Development Funds to assist the Grantee with the Project; WH
EREAS, the Board of Supervisors reviewed the information provided in support of the Project and found that the Project meets the requirements for use of Park Charter Development funds in Section 604 (b) of the County Charter; and,
WH
EREAS, the Board of Supervisors on June 7, 2022, reviewed and approved the recommendation of the Historical Heritage Commission to allocate $350,000 (“Grant”) to assist with the Project, which will acknowledge, preserve, and commemorate the historical and cultural heritage of the Santa Clara Valley.

NOW
, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein, County and Grantee agree to the foregoing and as follows:

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GRANT FUNDING AGREEMENT
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SECTI
ON I. GRANTEE RESPONSIBILITIES
The
County and Grantee agree that the foregoing recitals of the Agreement are the basis for and incorporated into and made a part of this Agreement as terms and conditions. The County and Grantee further agree that County funding is subject to the following conditions:

A. Gen
eral.

Gr
antee, at Grantee’s sole cost and expense, shall perform or cause to be performed the Scope of Work described in Attachment A, and the Grantee shall act promptly and without delay with respect to such matters in relation to the Project. In performing the Project, the Grantee agrees to the following terms and conditions.
(1) Appr
ovals.
(a) G
rantee shall prepare all environmental documents and take all other actions required for approval and completion of the Project pursuant to the California Environmental Quality Act, National Environmental Policy Act, and any rules and/or regulations promulgated thereunder and any other applicable laws. (b) G
rantee shall secure all required approvals, including approvals from government agencies required for completion of the Project. (c) G
rantee warrants, represents, and agrees that, except where otherwise expressly prohibited by state or federal law, Grantee, as the applicant for any discretionary land use permit, development permit, license, authorization, entitlement, or other approval from County, will defend, indemnify, and hold harmless County and its officers, agents, employees, boards and commissions from, for and against any claim, action or proceeding brought by any person or entity (“third party”) other than the Grantee against County or its officers, agents, employees, boards, or commissions that arises from or is in any way related to the approval, including but not limited to claims, actions, or proceedings to attack, set aside, void, or annul the approval. County has the right to participate in the defense of any claim, action, or proceeding. This indemnity shall not apply to the gross negligence or willful misconduct of County, or of its agents, officers, employees, boards, or commissions. (2) Ac
knowledgements.
(a)
Grantee shall publicly acknowledge the Grant by providing a plaque permanently affixed to the building exterior, or on a prominent location on the Project site, visible to the public. The acknowledgement credit shall read:
“Restoration made possible in part by a grant from the County of Santa Clara DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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GRANT FUNDING AGREEMENT
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Pa
rks and Recreation Department’s Historical Heritage Grant Program.” Grantee shall obtain County Parks and Recreation Department review and approval of the plaque or sign prior to manufacture and installation. (b
) Grantee shall publicly acknowledge the Grant by giving credit to County in project-related materials including newsletters, brochures, and internet messages.
(3) Re
ports and Documentation.
(a)
Grantee shall submit a bi-annual written project accomplishment report for the Project to the County Parks and Recreation Department no later than November 1 and May 1 of each year, until the Project is completed and reimbursement received.
(b) G
rantee shall provide any documentation the Historical Heritage Commission requests regarding the Project. This includes, but is not limited to, documents before construction work begins in order to ensure that the proposed Project is consistent with the United States Secretary of the Interior’s standards for rehabilitation, preservation, and restoration of historic properties. (c) G
rantee shall make a presentation at a regularly scheduled Historical Heritage Commission meeting discussing the completed Project within three (3) months of Project completion. The Grantee shall print and distribute the same photos that were submitted with the final reimbursement request to the Commission members at the presentation. County Parks and Recreation Department Staff will facilitate the scheduling of the presentation.
(4) Addi
tional Conditions for Artwork Restoration
(a) If th
e Scope of Work involves the restoration or alteration of an artwork, mural, or other original work of authorship within the meaning of 17 U.S.C. § 102, Grantee shall obtain a License from the owner of the copyright to the work prior to requesting funding. This License must grant the right to (1) reproduce the copyrighted work; (2) prepare derivative works based upon the copyrighted work; (3) distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; and (4) display the copyrighted work publicly. As a condition of the Agreement, Grantee must assign its license to the County.

B. Ca
pital Contributions.
(1) Gr
antee shall expend the Grant exclusively for third-party expenses arising from services, permits, fees, labor, materials, and equipment required for the Scope of DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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GRANT FUNDING AGREEMENT
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Wor
k and Itemized Project Budget specified in Attachment A for completion of the Project. No contribution made by County shall be used for Grantee’s internal salary or administrative expenses, including office overhead or expenses. (2) Gr
antee shall successfully demonstrate expenditure of Grantee’s cash contribution funds to County’s satisfaction prior to reimbursement through the Grant. Additional funds needed to complete the Project shall be identified in Attachment A, Scope of Work and Itemized Project Budget.
(3) Count
y recognizes that the Itemized Project Budget identified in Attachment A is an estimate and may include a contingency. To the extent that costs qualifying for reimbursement through the Grant vary from this budget, the following provisions apply:
(a) For
work to be performed that is funded by both Grantee and County as reflected in Attachment A, if Grantee’s Cash Contribution for any itemized work to be performed is reduced, then the Grant contribution shall be reduced by the same percentage;
(b) Ad
justments may be made in the costs associated with Project elements to reflect actual costs, however material changes (even if there is minor or no change in cost) that will affect the restoration or preservation of a historical element, or changes that would necessitate County funding of a non- preservation element that the Grantee was financing with other funds, must be approved by the Historical Heritage Commission. The Commission shall have sole discretion whether to approve or disapprove such adjustments. (c) G
rantee is solely responsible for expenditures that may exceed the Grant amount.

C. Pr
evailing Wages.

The
Project is a public work within the meaning of Labor Code Section 1720, to which the provisions of Labor Code Section 1770 et seq. apply. Grantee shall comply with all of the applicable provisions of the Labor Code, including, but not limited to, payment of prevailing wages. The Grantee shall include prevailing wage requirements in all agreements with third parties for work or services needed to complete the Project. Grantee is hereby notified that prevailing wage must meet the general prevailing rate of per diem wages and the rates for overtime and holiday work in the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, as specified by the Director of Industrial Relations.

Grantee are further notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Further information on Compliance Monitoring Unit requirements can be found at https://www.dir.ca.gov/dlse/cmu/cmu.html.

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GRANT FUNDING AGREEMENT
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The
Labor Code requires Grantee’s compliance with the Department of Industrial Relations (DIR) electronic certified payroll reporting (eCPR) requirements which took effect on January 1, 2016.

No contract can be awarded unless the public works project has been registered with the Department of Industrial Relations. Subcontractors used on the project must also comply.

Additional information is available at http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Gr
antee agrees to comply with all related provisions of the Labor Code, including but not limited to, the provisions of Labor Code Section 1775 relating to the payment of prevailing wages, Section 1777.5 relating to the employment of apprentices, and Section 1811-1813 relating to the payment of Overtime and provisions pertaining to eCPR compliance.

D. Pro
ject Conformance with the Secretary of the Interior’s Standards.

The
Project and the property upon which the Project is located shall at all times conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Should Grantee’s implementation of the Scope of Work fail to conform to the Secretary of the Interior’s Standards, the County may, at its sole discretion, withhold reimbursement until Grantee cures the issue.

E. Term
of Agreement.
(1) T
his Agreement is effective on the Effective Date as stated above and shall remain in effect for three (3) years from the Effective Date (“Term”). If the Project is completed before the expiration of the Term, the Agreement shall then expire on an agreed upon date by the parties or as otherwise determined by County in its sole discretion.
(2) G
rantee shall complete the Project and demonstrate the Project to be fully usable within the Term. County may, at its sole discretion, approve an extension for demonstrated delays not within the control of Grantee. The Grantee must request the extension in writing no later than three (3) months prior to the expiration of the Term.
(3) If
Grantee fails to complete the Project within the required timeframe and does not receive an extension pursuant to this section, or if the Project does not conform to the Scope of Work in Attachment A, the Grantee shall return all awarded Grant funds to the County. The County may, at its sole discretion, agree in writing to accept a partially completed Project or a Project that does not conform to the Scope of Work.

F. Ope
ration and Maintenance.

Up
on completion of the Project, the Grantee represents and warrants that it shall open the property upon which the Project is located to the public, and continuously operate and maintain the property and the Project for the benefit of the public for a period of at least twenty (20) years. Grantee shall DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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GRANT FUNDING AGREEMENT
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ma
intain the property in good operating condition during this period of time. Grantee shall be solely responsible for ongoing maintenance and operation.

G. Te
rmination
The
County may, upon written notice to Grantee, terminate all or part of this Agreement at any time for County’s convenience. Upon receipt of such notice, Grantee must immediately cease all work on the date and in the manner specified in the notice. Upon termination, County shall reimburse Grantee for eligible costs incurred pursuant to Section II of this Agreement. County is under no obligation to reimburse for work not yet completed or work that does not conform to the approved Scope of Work and Itemized Project Budget.

SECTI
ON II. COMPENSATION AND REIMBURSEMENT
A. Re
imbursement Amount.

Count
y shall reimburse the Grantee in an amount not to exceed the maximum Grant amount of $350,000 for eligible costs. County’s obligation to pay is expressly conditioned upon the Grantee’s demonstrated compliance with all of the terms and conditions of this Agreement and the availability of Grant funds.

B. Rei
mbursement Requirements.
(1)
Grant funds shall be issued on a reimbursement basis only. No advanced funds shall be issued. Grantee shall keep accurate accounting records of all Project expenditures. Reimbursement shall be limited to expenditures for work approved in the Scope of Work and Itemized Project Budget (Attachment A). Expenditures shall be incurred during the Term.
(2) Rei
mbursement requests may be submitted at Grantee’s convenience but shall not exceed one request per quarter, and the Project shall have accrued at least $1,000 in claimable expenditures during that quarter. Grantees must provide the following:
(a) H
HGP Payment Request Form completed and signed by the authorized representative.
(b) HHGP Project Expenditure Worksheet which clearly shows the relationship between expenditures and the grant scope of work deliverables in the grant funding agreement.
(c) Itemized invoice(s) demonstrating expenditure of eligible costs. All Project invoices must be directed to the Grantee.
(d) Evidence that all invoices have been paid. For example, a clear copy of both sides of a check or warrant issued to pay said invoices, or a receipt evidencing such payment. Bank account statements will not be accepted.

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Attachment A - First
Amendment to Lease
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(e) Pro
ject Accomplishment Report that may include photos and construction inspection reports as applicable.
(3) If G
rantee is providing cash contribution funds, such funds shall be utilized before requests for reimbursement are made for HHGP funds. Documentation substantiating the expenditure of Grantee’s cash contribution funds must be provided with the first reimbursement request.
(4) I
f a reimbursement request is incomplete, County may, at its sole discretion, pay that part of the reimbursement request that is complete or decline payment until the reimbursement request is complete. If the reimbursement request is satisfactory, the County shall endeavor to provide payment to the grantee within sixty (60) days of a complete submittal.
(5)
Upon Project completion, the Grantee shall submit a final reimbursement request that includes all the items required in a standard reimbursement request and at least four photographs of the completed project and additional photographs of the permanently installed HHGP funding acknowledgement sign. (6) F
inal reimbursement requests shall be submitted at least sixty (60) days prior to the expiration of this Agreement. It is the responsibility of the Grantee to be knowledgeable of the Agreement expiration date, to ensure timely completion of the Project and take all required steps to ensure receipt of reimbursement funds.

C. Pr
oject Records, County Audit and Inspection.
(1) G
rantee shall be responsible for maintaining fiscal controls and fund accounting procedures that show the following:
(a) T
he disposition of the proceeds of Grant funds provided to Grantee; (b) T
he total costs of the Project;
(c) T
he amount and nature of that portion of the Project cost supplied by other sources; and,
(d) A
ny other records and controls that will facilitate an effective audit. (2) The
fiscal controls and accounting procedures used to record Project costs and fund receipts shall be based on generally accepted accounting standards and principles.

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days
of County’s reasonable notice. If the County determines that the Grantee used the Grant for ineligible costs, or other terms of the Agreement were breached, County may take any action permitted by law and any authorized actions under this Agreement and require Grantee to repay the Grant, with interest at the rate earned on County’s investments, and the cost of the audit.
(3)
In addition to an audit of Project Records, Grantee shall provide consent to County to access the Project during business hours any time during construction, and, following completion of the Project, during business hours following reasonable notice by County.

SECTI
ON III. INDEMNIFICATION
Gr
antee covenants, warrants, represents, and agrees that it shall indemnify, defend, save, and hold harmless the County and all of its employees, officers, directors, attorneys, agents, contractors, successors and assigns in accordance with the indemnification provisions of Exhibit C, which is incorporated herein and made a part of this Agreement by this reference.

SECTI
ON IV. NOTICES
An
y notices provided pursuant to this Agreement shall be sent by regular mail to the respective parties addressed as follows:

COUNTY OF SANTA CLARA GRANTEE
Director
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Phone: (408) 355-2220
Ed Shikada, City Manager
City of Palo Alto
250 Hamilton Ave
Palo Alto, CA 94301
650-329-2280
SECTI
ON V. MISCELLANEOUS
A. En
tire Agreement.

Th
is document represents the entire agreement between the Parties in relation to the subject matter contained herein. All prior negotiations and written and/or oral agreements between the Parties with respect to the subject matter of the Agreement are merged into this Agreement.

B. Amendments. This Agreement may only be amended by a written instrument signed by authorized representatives of both Parties.

DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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Attachment A - First
Amendment to Lease
Agreement

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C. Co
nflict of Interest.
(1) Gr
antee shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by County.
(2) In a
ccepting this Agreement, Grantee 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 this Agreement. Grantee further covenants that, in the performance of this Agreement, it will not employ any contractor or person having such an interest.

Grantee subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.
(3) If the
disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Grantee shall, upon execution of this Agreement, provide County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to Grantee’s employees, agents and subcontractors, who could be substantively involved in “mak[ing] a governmental decision” or “serv[ing] in a staff capacity” and in that capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of Grantee’s service to County under this Agreement. Grantee shall immediately notify County of the names and email addresses of any additional individuals later assigned to provide such service to County under this Agreement in such a capacity. Grantee shall immediately notify County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to County.
(4) If the
disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Grantee shall ensure that all DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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Attachment A - First
Amendment to Lease
Agreement

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suc
h individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations, including but not limited to those listed in subpart (ii) of the first sentence of this Section VI.C including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement.

D. Governing Law, Venue.

Thi
s Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed, and enforced in accordance with the law of the State of California (excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to this Agreement, including arbitration proceedings, shall be brought only in Santa Clara County, California. EACH OF THE

PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE

OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA CLARA COUNTY, CALIFORNIA.

E. Assi
gnment.

No a
ssignment of this Agreement or of any of the rights or obligations hereunder shall be valid without the prior written consent of County.

F. Waive
r.

No de
lay or omission by either Party hereto to exercise any right occurring upon any noncompliance or default by the other Party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

G. Co
mpliance with All Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft Prevention.
(1) Gr
antee shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the non-discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below.
(2) Gr
antee shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
Item 9
Attachment A - First
Amendment to Lease
Agreement

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follo
wing: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Grantee shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Grantee discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. (3) Gr
antee shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws.
(4) For
purposes of this Section V.G, the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality Assurance.
(5) By s
igning this Agreement, Grantee affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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Agreement

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by a c
ourt, an investigatory government agency, arbiter, or arbitration panel and (B) found that Grantee violated an applicable wage and hour law or pay equity law. Grantee further affirms that it has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments.
(6) If a
t any time during the term of this Agreement, Grantee receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then Grantee shall promptly satisfy and comply with any such Final Judgment. Grantee shall inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM)of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. Grantee shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph.
(7)
In addition to and notwithstanding any other provision of this Agreement concerning access to Grantee’s records, Grantee shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County’s request, Grantee shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records, that are related to the purpose of this Section V.G, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during Grantee’s normal business hours upon no less than 10 business days’ advance notice.
(8) G
rantee shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to Grantee for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of Grantee’s Employees and Job Applicants.
(9) M
aterial Breach: Failure to comply with any part of this section shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions:

DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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Attachment A - First
Amendment to Lease
Agreement

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(a) S
uspend or terminate any or all parts of this Agreement. (b) Withhold payment to Grantee until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law. (c) Offer Grantee an opportunity to cure the breach.
(10) G
rantee shall impose all of the requirements set forth in this Section V.G on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.

H. County No-Smoking Policy.

Gr
antee and its employees, agents, contractors, subcontractors and consultants, shall comply with the County’s No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County- owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles.

I. Foo
d and Beverage Standards.

Exc
ept in the event of an emergency or medical necessity, County’s nutritional standards shall apply to any foods and/or beverages purchased by Grantee with Grant Funds for County-sponsored meetings or events.

J. Ca
lifornia Public Records Act.

Al
l documents and records provided to or made available to County under this Agreement become the property of the County, which is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Grantee proprietary information is contained in documents submitted to County, and Grantee claims that such information falls within one or more CPRA exemptions, Grantee must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, County will make reasonable efforts to provide notice to Grantee prior to such disclosure. If Grantee contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required at its own cost, liability, and expense to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara county before the County responds to the CPRA request. If Grantee fails to obtain such a remedy before County responds to the CPRA request, County may disclose the requested information and shall not be liable or responsible for such disclosure.

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Attachment A - First
Amendment to Lease
Agreement

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Gr
antee further warrants, represents, and agrees that it shall defend, indemnify, and hold County harmless against any and all claims, actions or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by County of a CPRA request for any information arising from any representation, or any action (or inaction), by the Grantee, its contractors, consultants, employees, agents, or representatives.

K. No Third-Party Beneficiaries.

Thi
s Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the Parties signing this Agreement. Subcontractors, sponsors, and affiliates shall have no right or claim attaching to this Agreement or to the Grant Funds and are not third-party beneficiaries of or to this Agreement.

L. Re
lationship of the Parties.

Th
e Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render the parties as joint venturers, partners, agents, a joint enterprise, employer- employee, or lender-borrower. Grantee shall have no authority to employ any person as employee or agent on behalf of County for any purpose. Neither Grantee nor any person using or involved in or participating in the Project or in the use of the Grant Funds shall be deemed a third party beneficiary to this Agreement nor an employee or agent of County, nor shall any such person represent himself or herself to others as a third party beneficiary to this Agreement or as an employee or agent of County.

M. No
Indemnification and Insurance by County.

Not
hing contained in this Agreement is to be construed as an indemnification by County for any loss, damage, injury or death arising out of or caused, in whole or in part, by the County or its Board of Supervisors, officers, executives, attorneys, employees, agents, representatives, contractors or subcontractors. Nothing contained herein shall be construed to, and nothing shall, obligate the County to provide any insurance, indemnity, or protection for or on behalf of any third party, the Project, or the property owner.

N. Subco
ntractors.

If
any obligation is performed for or on behalf of Grantee through a consultant, contractor, or subcontractor, Grantee shall remain fully responsible for the performance of all obligations under this Agreement and Grantee shall be solely responsible for all payments due to its contractors, consultants, or subcontractors. No contract, subcontract, or other agreement entered into by Grantee with any third party in connection with this Agreement, or for or in relation to the use of the Grant Funds, shall provide for any indemnity, guarantee, or assumption of liability by, or other obligation of, County with respect to such arrangement. No contractor, consultant, or subcontractor will be deemed a third-party beneficiary for any purposes under or to this Agreement.

DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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Attachment A - First
Amendment to Lease
Agreement

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O. Nonexclusive Agreement.

Gr
antee agrees that this Agreement is non-exclusive and County may at any time, in its sole discretion, enter into agreements with other parties for any purpose deemed to be in the best interest of the County.

P. Par
agraph Headings.

The
headings and captions of the various paragraphs and subparagraphs hereof are for convenience only, and they shall not limit, expand, or otherwise affect the construction or interpretation of this Agreement.

Q. Cu
mulative Remedies.

Th
e rights and remedies of the Parties to this Agreement, whether pursuant to this Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy.

R. Co
unterparts and Electronic Signatures.

Th
is Agreement may be executed in several counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original. Unless otherwise prohibited by law or County policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

S. Construction/Severability.

Th
is Agreement shall not be construed more strongly against either Party regardless of who is more responsible for its preparation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable.

T. Au
thority.

Each
Party represents and warrants that it has executed this Agreement freely, fully intending DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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to be
bound by the terms and provisions contained in this Agreement and that the persons signing below are authorized to sign on each Party’s behalf.

U. Of
fice of Foreign Assets Control Compliance.

Gr
antee represents to County that: (a) Grantee and each of the Grantee Representatives are not acting, and shall not act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation enforced or administered by the federal Office of Foreign Assets Control; and (b) Grantee, and the Grantee Representatives, are not engaged in this transaction, directly or indirectly, on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of any such person, group, entity, or nation.

W. Cou
nty Regulatory Authority.

Gr
antee acknowledges and agrees that County, acting not as landlord but in its governmental regulatory capacity, has certain governmental regulatory authority over the Premises and that nothing in this Agreement binds the County to exercise or refrain from exercising this discretionary governmental authority in any particular manner.

X. Bri
bery Clause.

Gr
antee certifies, represents, and warrants that Grantee and the Grantee Representatives have not been convicted of bribery or attempting to bribe an officer or employee of County or any other municipality or state entity nor has Grantee or any of the Grantee Representatives made an admission of guilt of such conduct which is a matter of record.

Y. Insu
rance.

Gr
antee shall provide insurance and comply with all insurance and other terms and conditions set out in the attached Attachment B.

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the
County or result from the use of premises leased, owned or contracted for by the County.
(2) Grantee acknowledges that all original works of authorship which are made by Grantee (either solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County. Grantee agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or delivered by Grantee, either solely or jointly with others, in connection with any agreement with the County.
(3) If Grantee is undertaking a restoration or alteration of an original work of authorship within the meaning of 17 U.S.C. § 102, Grantee covenants that the owner of the copyright has consented to the restoration or alteration work. Grantee further covenants that it possesses a License consistent with Section I.A.4 of this Agreement and that it will assign this License to the County prior to requesting grant funding. Grantee hereby forever releases, discharges, and agrees to save and hold harmless County, its employees, agents, representatives, and Board of Supervisors, from, for and against any and all liabilities, claims, causes of action, allegations and lawsuits that are made or threatened to be made in relation to any use made of any of the Intellectual Property. These claims include, but are not limited to, the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civ. Code §§987 and 989), or any other local, state, foreign or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights.

AA.

Survival.

All te
rms and conditions that by their nature should survive termination or expiration of this Agreement, shall so survive including but not limited to Sections I, III, IV, and V.

BB.

Attachments.

The
following attachments are included in this Agreement and are incorporated herein by this reference.

Attachment A – Scope of Work and Itemized Project Budget Attachment B – Insurance Requirements and Proof of Insurance //
//SIGNATURES FOLLOW ON NEXT PAGE////
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as provided below, effective as of the last date signed by all the Parties.

Grantee:

Ed Shikada, City Manager
City of Palo Alto, a California municipality
Date:

Approved as to form:

Terence Howzell
Chief Assistant City Attorney
COUNT
Y OF SANTA CLARA:

Sylvia Gallegos
Deputy County Executive
Date:

Approved as to form and legality:

Elizabeth Vissers
Deputy County Counsel
DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E 9/14/2022
9/15/2022
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ATTACHMENT A

SCOPE OF WORK AND ITEMIZED PROJECT BUDGET
Res
toration and repair of the Roth Building’s 1940’s Otis Elevator.

All w
ork will be performed to meet the terms of the Historical Heritage Funding Agreement, and the Historical Heritage Grant Program Application and Procedural Guide, including any and all revisions thereto.

ITEMIZED PROJECT BUDGET
WO

RK TO BE PERFORMED GRANTEE CASH

CONTRIBUTION GRANT TOTAL

1. New Control System, new geared
machines, new devices fully regulated,
new AC motors, new wiring and traveling
cables, new door protection, new closed
loop door operator, new fixtures, remote
elevator monitoring (REM) installed, new
seismic operation.
$0 $350,000 $350,000

2. Self-closing door and locking entrance
door on machine room, main line power
feeders, main line disconnect switch,
shunt trip disconnects, cab lighting and
fan circuit, REM circuit, GFI outlets,
lighting machinery spaces and pit,
machine room ventilation, phone, fire
recall, patching cracked and missing
plaster, voids or holes in the hoist way or
machine room walls, ceiling or floor.
$105,000 $0 $105,000
TOTAL PROJECT AMOUNT $105,000 $350,000 $455,000
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Agreement

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ATTACHMENT B -- INSURANCE REQUIREMENTS AND PROOF OF INSURANCE

INSURANCE REQUIREMENTS FOR

GRANT AGREEMENT
Indemnity
The
Grantee shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Grantee and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Grantee shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Grantee contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest.

Insurance
With
out limiting the Grantee's indemnification of the County, the Grantee shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage
Prio
r to commencement of this Agreement, the Grantee shall provide a Certificate of Insurance certifying that coverage as required herein has been obt ained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Grantee upon request.

Thi
s verification of coverage shall be sent to the re questing County department, unless otherwise directed. The Grantee shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Grantee.

B. Qualifying Insurers
Al
l coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A-V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

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GRANT FUNDING AGREEMENT
for the City of Palo Alto for
the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS

Page 21 of 24 ends

C. Notice of Cancellation
Al
l coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.

D. Insurance Required

1. Co mmercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. Each
occurrence - $1,000,000
b. Gen
eral aggregate - $1,000,000
c. Pro
ducts/Completed Operations aggregate - $1,000,000
d. Pe
rsonal Injury - $1,000,000

2. Gen eral liability coverage shall include:
a. Pr
emises and Operations
b. Pro
ducts/Completed
c. Pe
rsonal Injury liability
d. Se
verability of interest

3. Ge neral liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Ad
ditional Insured Endorsement, which shall read:
“C
ounty of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”
Ins
urance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not DocuSign Envelope ID: 11D8815A-6344-4EBB-B998-4466BB08867E Attachment A - Lease Agreement
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Agreement

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GRANT FUNDING AGREEMENT
for the City of Palo Alto for
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Page 22 of 24 ends

co
ntributing with insurance provided under this policy. Public Entities may also be added to the additional insured endorsement as applicable and the Grantee shall be notified by the contracting department of these requirements.

4. Fid elity Bond
Be
fore receiving any reimbursement under this Agreement, Grantee will furnish County with evidence that all officials, employees, and agents hand ling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Grantee will notify County immediately, and County may withhold further payment to Grantee until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.

E. Special Provisions
The
following provisions shall apply to this Agreement:

1. The
foregoing requirements as to the types and limits of insurance coverage to be maintained by the Grantee and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Grantee pursuant to this Agreement, including but not limited to the provisions concerni ng indemnification.

2. The
County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Grantee. However, this shall not in any way limit liabilities assumed by the Grantee under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Grantees obligation hereunder may be satisfied in whole or in part by adequately funded self -insurance programs or self- insurance retentions.

3. Sho
uld any of the work under this Agreement be sublet, the Grantee shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Grantee may insure subcontractors under its own policies.

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CERTIFICATE OF COVERAGE I

DATE (MM/DD/YYYY)
6/20/2022

PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF EVIDENCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR

NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Alliant Insurance Services, Inc. MEMORANDUM($) OF COVERAGE BELOW. 560 Mission Street, 6th Floor THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE San Francisco CA 94105 ISSUING COVERAGE PROVIDER, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE MEMORANDUM OF COVERAGE MUST BE ENDORSED. A STATEMENT ON THIS CERTIFICATE

DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH

NAMED COVERED PARTY
ENDORSEMENT($).

IMPORTANT: IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE ACCEL - City of Palo Alto MEMORANDUM($) OF COVERAGE AN ENDORSEMENT MAY BE REQUIRED. A STATEMENT ON

THE CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH 250 Hamilton Avenue ENDORSEMENT($).

Palo Alto CA 94301

PROGRAM AFFORDING COVERAGE
A: ACCEL
B:

COVERAGES
THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOVE NAMED MEMBER, AS PROVIDED BY THE MEMORANDUM(S) OF COVERAGE, FOR THE PERIOD SHOWN BELOW. NOT WITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE AFFORDED BY THE PROGRAM DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM($) OF COVERAGE THE FOLLOWING COVERAGE IS IN EFFECT JPA
LTR
A

TYPE OF COVERAGE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY
-
:JcLAIMS MADE OoccuR
GEN'L AGGREGATE LIMIT APPLIES PER:
n ��rt�- n PROJECT n LOC

AUTOMOBILE LIABILITY
-

ANY AUTO
-

ALL OWNED AUTOS
-

SCHEDULED AUTOS
-

HIRED AUTOS
-

NON-OWNED AUTOS

WORKERS' COMPENSATION AND

EMPLOYERS LIABILITY

ANY PROPRIETOR/PARTNER/

EXECUTIVE/OFFICER/MEMBER
EXCLUDED?

IF YES, DESCRIBED UNDER SPECIAL

PROVISION BELOW
OTHER Public Entity Liability
OTHER

MEMORANDUM NUMBER COVERAGE EFFECTIVE COVERAGE EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) s
MED EXPENSE (Any one person) s
PERSONAL & ADV INJURY s
GENERAL AGGREGATE s
PRODUCTS-COMP/OP AGG s
COMBINED SINGLE LIMIT $
(Ea accident) s
_J rT�TUTORY LJ OTHER
LIMITS
E.L. EACH ACCIDENT s
E.L. DISEASE - EA EMPLOYEE s
E.L. DISEASE - POLICY LIMIT s
ACC2223PAL 171 7/1/2022 7/1/2023 $1,000,000 PerOcc
$1,000,000 S.I.R.

DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAUPROVISIONS If required by written contract, County of Santa Clara and members of the Board of Supervisors of the County of Santa Clara and the officers, agents and employees of the County of Santa Clara, individually and collectively are covered as Additional Covered Parties as respects the Historic Grant Program for the Roth Building.

Subject to policy terms, conditions and exclusions.

CERTIFICATE HOLDER CANCELLATION
County of Santa Clara Office of the County Executive, Attn:

SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUM(S) OF COVERAGE

BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Dr. Jeffrey V. Smith, Deputy County Executive DELIVERED IN ACCORDANCE WITH THE MEMORANDUM($) OF COVERAGE Eleventh Floor - East Wing PROVISIONS.
70 West Hedding Street

AUTHORIZED REPRESENTATIVE
�
�
San Jose CA 95110

GRANT FUNDING AGREEMENT
for the City of Palo Alto for
the Restoration and Repair of the Roth Building Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS
Page
23 of 24
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ACCEL
Authority for California Cities Excess Liability
c/o Alliant Insurance Services
Corporation Insurance License No. 0C36861
560 Mission Street, 6th Floor, San Francisco, CA 94105
ww111• acce/pool. org

AUTHORITY FOR CALIFORNIA CITIES EXCESS LIABILITY (ACCEL)

A JOINT POWERS AUTHORITY

EXCESS LIABILITY COVERAGE

ADDITIONAL COVERED PARTY ENDORSEMENT
It is understood and agreed that in accordance with Section III. WHO IS A COVERED PARTY paragraph D. that the following person or organization named below is included as an additional covered party for Bodily Injury and Property Damage, but only with respect to facilities or personal property owned by such person or organization and used by the Member Agency or for liability arising out of operations performed by or on behalf of the Member Agency for such person or organization so designated.

Additional Covered Party Limit of Liability Description of Activity or Location of Facilities Used County of Santa Clara Office of $1,000,000 If required by written contract, County of Santa Clara and the County Executive members of the Board of Supervisors of the County of Santa Clara and the officers, agents and employees of the County of Santa Clara, individually and collectively are covered as Additional Covered Parties as respects the Historic Grant Program for the Roth Building.

Subject to policy terms, conditions and exclusions.

Notwithstanding any requirement, term or condition of any contract or agreement to which this coverage may apply, the coverage afforded an additional covered party shall be subject to all the terms, exclusions and conditions of this Memorandum of Excess Liability Coverage (07/22) as otherwise applicable.

This endorsement is part of the Memorandum of Excess Liability Coverage (07/22) and is effective on the date shown below.

All other terms and conditions remain unchanged.

Policy Period:

Member Agency:

Endorsement No.:

Issued to:

Date Issued:

July 1, 2022 to July 1, 2023
City of Palo Alto
2223-PAL-005-
County of Santa Clara Office of the County Executive
Attn: Dr. Jeffrey V. Smith, Deputy County Executive
Eleventh Floor - East Wing
70 West Hedding Street
San Jose, CA 951 I 0
6/20/2022
Authorized Representative for ACCEL
Alliant Insurance Services, Inc.

A Joint Powers Authority

GRANT FUNDING AGREEMENT
for the City of Palo Alto for
the Restoration and Repair of the Roth Bu ildin g Elevator project Fiscal Year 2022 HISTORIC HERITAGE GRANT FUNDS
Page
24 of 24
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GRANT FUNDING AGREEMENT
for the City of Palo Alto for
the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS

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RANT FUNDING AGREEMENT
Between the County of Santa Clara and the City of Palo Alto for Restoration and Repair the Roth Building Windows
(Fiscal Year 2023 Historic Heritage Grant Funds, $182,448) Th
is Grant Funding Agreement (“Agreement”) is made and entered into as of the last date signed below by all parties (“Effective Date”) by and between the County of Santa Clara, a political subdivision of the State of California (“County”), and the City of Palo Alto, a California municipality, with its primary offices located at 250 Hamilton Ave, Palo Alto, CA 94301 (“Grantee”). County and Grantee shall sometimes be referred to herein individually as a “Party” or collectively as the “Parties.”
RECI
TALS
W
HEREAS, the Grantee submitted an application to the County’s Historical Heritage Commission (“Historical Heritage Commission” or “Commission”) for funding of the Restoration and Repair of the Roth Building Windows (“Project”) located at 300 Homer Avenue, Palo Alto, CA 94301;
W
HEREAS, the Project includes restoration and repair of the Roth Building windows, as more fully described in Attachment A “Scope of Work and Itemized Project Budget” incorporated and made a part of this Agreement by reference herein;
W
HEREAS, the Historical Heritage Commission, on April 20, 2023 reviewed the merits of the Grantee’s application and forwarded its recommendation to the Board of Supervisors that it approve the allocation of $182,448 (One-hundred eighty-two thousand four-hundred forty-eight dollars) from the Fiscal Year 2023 Historical Heritage Park Charter Development Funds to assist the Grantee with the Project;
W
HEREAS, the Board of Supervisors reviewed the information provided in support of the Project and found that the Project meets the requirements for use of Park Charter Development funds in Section 604 (b) of the County Charter; and,
W
HEREAS, the Board of Supervisors on June 6, 2023, reviewed and approved the recommendation of the Historical Heritage Commission to allocate $182,448 (“Grant”) to assist with the Project, which will acknowledge, preserve, and commemorate the historical and cultural heritage of the Santa Clara Valley.

NO
W, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein, County and Grantee agree to the foregoing and as follows:

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GRANT FUNDING AGREEMENT
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S
ECTION I. GRANTEE RESPONSIBILITIES
T
he County and Grantee agree that the foregoing recitals of the Agreement are the basis for and incorporated into and made a part of this Agreement as terms and conditions. The County and Grantee further agree that County funding is subject to the following conditions:

A. G
eneral.

G
rantee, at Grantee’s sole cost and expense, shall perform or cause to be performed the Scope of Work described in Attachment A, and the Grantee shall act promptly and without delay with respect to such matters in relation to the Project. In performing the Project, the Grantee agrees to the following terms and conditions.
(1) A
pprovals.
(a)
Grantee shall prepare all environmental documents and take all other actions required for approval and completion of the Project pursuant to the California Environmental Quality Act, National Environmental Policy Act, and any rules and/or regulations promulgated thereunder and any other applicable laws. (b)
Grantee shall secure all required approvals, including approvals from government agencies required for completion of the Project. (c)
Grantee warrants, represents, and agrees that, except where otherwise expressly prohibited by state or federal law, Grantee, as the applicant for any discretionary land use permit, development permit, license, authorization, entitlement, or other approval from County, will defend, indemnify, and hold harmless County and its officers, agents, employees, boards and commissions from, for and against any claim, action or proceeding brought by any person or entity (“third party”) other than the Grantee against County or its officers, agents, employees, boards, or commissions that arises from or is in any way related to the approval, including but not limited to claims, actions, or proceedings to attack, set aside, void, or annul the approval. County has the right to participate in the defense of any claim, action, or proceeding. This indemnity shall not apply to the gross negligence or willful misconduct of County, or of its agents, officers, employees, boards, or commissions. (2) A
cknowledgements.
(
a) Grantee shall publicly acknowledge the Grant by providing a plaque permanently affixed to the building exterior, or on a prominent location on the Project site, visible to the public. The acknowledgement credit shall read:
“Restoration made possible in part by a grant from the County of Santa Clara DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9
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GRANT FUNDING AGREEMENT
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(b) Grantee shall publicly acknowledge the Grant by giving credit to County in project-related materials including newsletters, brochures, and internet messages.

(3) Reports and Documentation.

(a) Grantee shall submit a bi-annual written project accomplishment report for the Project to the County Parks and Recreation Department no later than November 1 and May 1 of each year, until the Project is completed and reimbursement received.

(b) Grantee shall provide any documentation the Historical Heritage Commission requests regarding the Project. This includes, but is not limited to, documents before construction work begins in order to ensure that the proposed Project is consistent with the United States Secretary of the Interior’s standards for rehabilitation, preservation, and restoration of historic properties.

(c) Grantee shall make a presentation at a regularly scheduled Historical Heritage Commission meeting discussing the completed Project within three (3) months of Project completion. The Grantee shall print and distribute the same photos that were submitted with the final reimbursement request to the Commission members at the presentation. County Parks and Recreation Department Staff will facilitate the scheduling of the presentation.

(4) Additional Conditions for Artwork Restoration

(a) If the Scope of Work involves the restoration or alteration of an artwork, mural, or other original work of authorship within the meaning of 17 U.S.C. § 102, Grantee shall obtain a License from the owner of the copyright to the work prior to requesting funding. This License must grant the right to (1) reproduce the copyrighted work; (2) prepare derivative works based upon the copyrighted work; (3) distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; and (4) display the copyrighted work publicly. As a condition of the Agreement, Grantee must assign its license to the County.

B. Capital Contributions.

(1) Grantee shall expend the Grant exclusively for third-party expenses arising from services, permits, fees, labor, materials, and equipment required for the Scope of DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9
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GRANT FUNDING AGREEMENT
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(2) Grantee shall successfully demonstrate expenditure of Grantee’s cash contribution funds to County’s satisfaction prior to reimbursement through the Grant. Additional funds needed to complete the Project shall be identified in Attachment A, Scope of Work and Itemized Project Budget.

(3) County recognizes that the Itemized Project Budget identified in Attachment A is an estimate and may include a contingency. To the extent that costs qualifying for reimbursement through the Grant vary from this budget, the following provisions apply:

(a) For work to be performed that is funded by both Grantee and County as reflected in Attachment A, if Grantee’s Cash Contribution for any itemized work to be performed is reduced, then the Grant contribution shall be reduced by the same percentage;

(b) Adjustments may be made in the costs associated with Project elements to reflect actual costs, however material changes (even if there is minor or no change in cost) that will affect the restoration or preservation of a historical element, or changes that would necessitate County funding of a non- preservation element that the Grantee was financing with other funds, must be approved by the Historical Heritage Commission. The Commission shall have sole discretion whether to approve or disapprove such adjustments.

C. Prevailing Wages.

The Project is a public work within the meaning of Labor Code Section 1720, to which the provisions of Labor Code Section 1770 et seq. apply. Grantee shall comply with all of the applicable provisions of the Labor Code, including, but not limited to, payment of prevailing wages. Grantee shall include prevailing wage requirements in all agreements with third parties for work or services needed to complete the Project. Grantee is hereby notified that prevailing wage must meet the general prevailing rate of per diem wages and the rates for overtime and holiday work in the locality in which the work is to be performed for each craft, classification, or type of worker needed to perform the work, as specified by the Director of Industrial Relations. Grantee is further notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Further information on Compliance Monitoring Unit requirements can be found at https://www.dir.ca.gov/dlse/cmu/cmu.html.

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GRANT FUNDING AGREEMENT
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The Labor Code requires Grantee’s compliance with the Department of Industrial Relations (DIR) electronic certified payroll reporting (eCPR) requirements which took effect on January 1, 2016.

No contract can be awarded unless the public works project has been registered with the Department of Industrial Relations. Subcontractors used on the project must also comply.

Additional information is available at http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Grantee agrees to comply with all related provisions of the Labor Code, including but not limited to the provisions of Labor Code Section 1775 relating to the payment of prevailing wages, Section 1777.5 relating to the employment of apprentices, and Sections 1811-1813 relating to the payment of Overtime and provisions pertaining to eCPR compliance.

Grantee must provide evidence of awarding body registration with the DIR to the County for approval before incurring any project costs for which Grantee will seek grant reimbursement.

D. Project Conformance with the Secretary of the Interior’s Standards.

The Project and the property upon which the Project is located shall at all times conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Should Grantee’s implementation of the Scope of Work fail to conform to the Secretary of the Interior’s Standards, the County may, at its sole discretion, withhold reimbursement until Grantee cures the issue.

E. Term of Agreement.

(1) This Agreement is effective on the Effective Date as stated above and shall remain in effect for three (3) years from the Effective Date (“Term”). If the Project is completed before the expiration of the Term, the Agreement shall then expire on an agreed upon date by the parties or as otherwise determined by County in its sole discretion.

(2) Grantee shall complete the Project and demonstrate the Project to be fully usable within the Term. County may, at its sole discretion, approve an extension for demonstrated delays not within the control of Grantee. The Grantee must request the extension in writing no later than three (3) months prior to the expiration of the Term.

(3) If Grantee fails to complete the Project within the required timeframe and does not receive an extension pursuant to this section, or if the Project does not conform to the Scope of Work in Attachment A, the Grantee shall return all awarded Grant funds to the County. The County may, at its sole discretion, agree in writing to accept a partially completed Project or a Project that does not conform to the Scope of Work.

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GRANT FUNDING AGREEMENT
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F. Operation and Maintenance.

Upon completion of the Project, the Grantee represents and warrants that it shall open the property upon which the Project is located to the public, and continuously operate and maintain the property and the Project for the benefit of the public for a period of at least twenty (20) years. Grantee shall maintain the property in good operating condition during this period of time. Grantee shall be solely responsible for ongoing maintenance and operation.

G. Termination

The County may, upon written notice to Grantee, terminate all or part of this Agreement at any time for County’s convenience. Upon receipt of such notice, Grantee must immediately cease all work on the date and in the manner specified in the notice. Upon termination, County shall reimburse Grantee for eligible costs incurred pursuant to Section II of this Agreement. County is under no obligation to reimburse for work not yet completed or work that does not conform to the approved Scope of Work and Itemized Project Budget.

SECTION II. COMPENSATION AND REIMBURSEMENT

A. Reimbursement Amount.

County shall reimburse the Grantee in an amount not to exceed the maximum Grant amount of $182,448 for eligible costs. County’s obligation to pay is expressly conditioned upon the Grantee’s demonstrated compliance with all of the terms and conditions of this Agreement and the availability of Grant funds.

B. Reimbursement Requirements.

(1) Grant funds shall be issued on a reimbursement basis only. No advanced funds shall be issued. Grantee shall keep accurate accounting records of all Project expenditures. Reimbursement shall be limited to expenditures for work approved in the Scope of Work and Itemized Project Budget (Attachment A). Expenditures shall be incurred during the Term.

(2) Reimbursement requests may be submitted at Grantee’s convenience but shall not exceed one request per quarter, and the Project shall have accrued at least $1,000 in claimable expenditures during that quarter. Grantees must provide the following:

(a) HHGP Payment Request Form completed and signed by the authorized representative.
(b) HHGP Project Expenditure Worksheet which clearly shows the relationship between expenditures and the grant scope of work deliverables in the grant funding agreement.

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(c) Itemized invoice(s) demonstrating expenditure of eligible costs. All Project invoices must be directed to the Grantee.
(d) A copy of the Prevailing Wage Determination(s) from the California Department of Industrial Relations for any invoices which include labor.

(e) Evidence that Prevailing Wage was paid.

(f) Evidence that all invoices have been paid. For example, a clear copy of both sides of a check or warrant issued to pay said invoices, or a receipt evidencing such payment. Bank account statements will not be accepted. (g) Project Accomplishment Report that may include photos and construction inspection reports as applicable.

(3) If Grantee is providing cash contribution funds, such funds shall be utilized before requests for reimbursement are made for HHGP funds. Documentation substantiating the expenditure of Grantee’s cash contribution funds must be provided with the first reimbursement request.

(4) If a reimbursement request is incomplete, County may, at its sole discretion, pay that part of the reimbursement request that is complete or decline payment until the reimbursement request is complete. If the reimbursement request is satisfactory, the County shall endeavor to provide payment to the grantee within sixty (60) days of a complete submittal.

(5) Upon Project completion, the Grantee shall submit a final reimbursement request that includes all the items required in a standard reimbursement request and at least four photographs of the completed project and additional photographs of the permanently installed HHGP funding acknowledgement sign.

(6) Final reimbursement requests shall be submitted at least sixty (60) days prior to the expiration of this Agreement. It is the responsibility of the Grantee to be knowledgeable of the Agreement expiration date, to ensure timely completion of the Project and take all required steps to ensure receipt of reimbursement funds.

C. Project Records, County Audit and Inspection.

(1) Grantee shall be responsible for maintaining fiscal controls and fund accounting procedures that show the following:

(a) The disposition of the proceeds of Grant funds provided to Grantee;

(b) The total costs of the Project;

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(d) Any other records and controls that will facilitate an effective audit.

(2) The fiscal controls and accounting procedures used to record Project costs and fund receipts shall be based on generally accepted accounting standards and principles.

Grantee shall maintain Project records (including paper and electronic media, as appropriate) showing compliance with all aspects of this Agreement for three (3) years after completion of the Project or until all claims are settled, whichever occurs last. All Project records shall be available to County within five (5) working days of County’s reasonable notice. If the County determines that the Grantee used the Grant for ineligible costs, or other terms of the Agreement were breached, County may take any action permitted by law and any authorized actions under this Agreement and require Grantee to repay the Grant, with interest at the rate earned on County’s investments, and the cost of the audit.

(3) In addition to an audit of Project Records, Grantee shall provide consent to County to access the Project during business hours any time during construction, and, following completion of the Project, during business hours following reasonable notice by County.

SECTION III. INDEMNIFICATION

Grantee covenants, warrants, represents, and agrees that it shall indemnify, defend, save, and hold harmless the County and all of its employees, officers, directors, attorneys, agents, contractors, successors and assigns in accordance with the indemnification provisions of Exhibit C, which is incorporated herein and made a part of this Agreement by this reference.

SECTION IV. NOTICES

Any notices provided pursuant to this Agreement shall be sent by regular mail to the respective parties addressed as follows:

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SECTION V. MISCELLANEOUS

A. Entire Agreement.

This document represents the entire agreement between the Parties in relation to the subject matter contained herein. All prior negotiations and written and/or oral agreements between the Parties with respect to the subject matter of the Agreement are merged into this Agreement.

B. Amendments. This Agreement may only be amended by a written instrument signed by authorized representatives of both Parties.

C. Conflict of Interest.

(1) Grantee shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by County.

(2) In accepting this Agreement, Grantee 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 this Agreement. Grantee further covenants that, in the performance of this Agreement, it will not employ any contractor or person having such an interest.

Grantee subcontractors may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.

(3) If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Grantee shall, upon execution of this Agreement, provide County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to Grantee’s employees, agents and subcontractors, who could be substantively involved in “mak[ing] a governmental decision” or “serv[ing] in a staff capacity” and in that capacity participating in making DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9
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governmental decisions or performing duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of Grantee’s service to County under this Agreement. Grantee shall immediately notify County of the names and email addresses of any additional individuals later assigned to provide such service to County under this Agreement in such a capacity. Grantee shall immediately notify County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to County.

(4) If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Grantee shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations, including but not limited to those listed in subpart (ii) of the first sentence of this Section VI.C including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement.

D. Governing Law, Venue.

This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed, and enforced in accordance with the law of the State of California (excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to this Agreement, including arbitration proceedings, shall be brought only in Santa Clara County, California. EACH OF THE

PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE

OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA CLARA COUNTY, CALIFORNIA.

E. Assignment.

No assignment of this Agreement or of any of the rights or obligations hereunder shall be valid without the prior written consent of County.

F. Waiver.

No delay or omission by either Party hereto to exercise any right occurring upon any noncompliance or default by the other Party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

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G. Compliance with All Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft Prevention.

(1) Grantee shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the non-discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below.

(2) Grantee shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Grantee shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Grantee discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

(3) Grantee shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws.

(4) For purposes of this Section V.G, the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9
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compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality Assurance.

(5) By signing this Agreement, Grantee affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that Grantee violated an applicable wage and hour law or pay equity law. Grantee further affirms that it has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments.

(6) If at any time during the term of this Agreement, Grantee receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then Grantee shall promptly satisfy and comply with any such Final Judgment. Grantee shall inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM)of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. Grantee shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph.

(7) In addition to and notwithstanding any other provision of this Agreement concerning access to Grantee’s records, Grantee shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County’s request, Grantee shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records, that are related to the purpose of this Section V.G, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during Grantee’s normal business hours upon no less than 10 business days’ advance notice.

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thereafter, provide each of its employees working in California and each person applying to Grantee for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of Grantee’s Employees and Job Applicants.

(9) Material Breach: Failure to comply with any part of this section shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions:

(10) Grantee shall impose all of the requirements set forth in this Section V.G on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.

H. County No-Smoking Policy.

Grantee and its employees, agents, contractors, subcontractors and consultants, shall comply with the County’s No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County- owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles.

I. Food and Beverage Standards.

Except in the event of an emergency or medical necessity, County’s nutritional standards shall apply to any foods and/or beverages purchased by Grantee with Grant Funds for County-sponsored meetings or events.

J. California Public Records Act.

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information falls within one or more CPRA exemptions, Grantee must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, County will make reasonable efforts to provide notice to Grantee prior to such disclosure. If Grantee contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required at its own cost, liability, and expense to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara county before the County responds to the CPRA request. If Grantee fails to obtain such a remedy before County responds to the CPRA request, County may disclose the requested information and shall not be liable or responsible for such disclosure.

K. No Third-Party Beneficiaries.

This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the Parties signing this Agreement. Subcontractors, sponsors, and affiliates shall have no right or claim attaching to this Agreement or to the Grant Funds and are not third-party beneficiaries of or to this Agreement.

L. Relationship of the Parties.

The Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render the parties as joint venturers, partners, agents, a joint enterprise, employer- employee, or lender-borrower. Grantee shall have no authority to employ any person as employee or agent on behalf of County for any purpose. Neither Grantee nor any person using or involved in or participating in the Project or in the use of the Grant Funds shall be deemed a third party beneficiary to this Agreement nor an employee or agent of County, nor shall any such person represent himself or herself to others as a third party beneficiary to this Agreement or as an employee or agent of County.

M. No Indemnification and Insurance by County.

Nothing contained in this Agreement is to be construed as an indemnification by County for any loss, damage, injury or death arising out of or caused, in whole or in part, by the County or its Board of Supervisors, officers, executives, attorneys, employees, agents, representatives, contractors or subcontractors. Nothing contained herein shall be construed to, and nothing shall, obligate the County to provide any insurance, indemnity, or protection for or on behalf of any third party, the Project, or the property owner.

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N. Subcontractors.

If any obligation is performed for or on behalf of Grantee through a consultant, contractor, or subcontractor, Grantee shall remain fully responsible for the performance of all obligations under this Agreement and Grantee shall be solely responsible for all payments due to its contractors, consultants, or subcontractors. No contract, subcontract, or other agreement entered into by Grantee with any third party in connection with this Agreement, or for or in relation to the use of the Grant Funds, shall provide for any indemnity, guarantee, or assumption of liability by, or other obligation of, County with respect to such arrangement. No contractor, consultant, or subcontractor will be deemed a third-party beneficiary for any purposes under or to this Agreement.

O. Nonexclusive Agreement.

Grantee agrees that this Agreement is non-exclusive and County may at any time, in its sole discretion, enter into agreements with other parties for any purpose deemed to be in the best interest of the County.

P. Paragraph Headings.

The headings and captions of the various paragraphs and subparagraphs hereof are for convenience only, and they shall not limit, expand, or otherwise affect the construction or interpretation of this Agreement.

Q. Cumulative Remedies.

The rights and remedies of the Parties to this Agreement, whether pursuant to this Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy.

R. Counterparts and Electronic Signatures.

This Agreement may be executed in several counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original. Unless otherwise prohibited by law or County policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

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S. Construction/Severability.

This Agreement shall not be construed more strongly against either Party regardless of who is more responsible for its preparation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable.

T. Authority.

Each Party represents and warrants that it has executed this Agreement freely, fully intending to be bound by the terms and provisions contained in this Agreement and that the persons signing below are authorized to sign on each Party’s behalf.

U. Office of Foreign Assets Control Compliance.

Grantee represents to County that: (a) Grantee and each of the Grantee Representatives are not acting, and shall not act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation enforced or administered by the federal Office of Foreign Assets Control; and (b) Grantee, and the Grantee Representatives, are not engaged in this transaction, directly or indirectly, on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of any such person, group, entity, or nation.

W. County Regulatory Authority.

Grantee acknowledges and agrees that County, acting not as landlord but in its governmental regulatory capacity, has certain governmental regulatory authority over the Premises and that nothing in this Agreement binds the County to exercise or refrain from exercising this discretionary governmental authority in any particular manner.

X. Bribery Clause.

Grantee certifies, represents, and warrants that Grantee and the Grantee Representatives have not been convicted of bribery or attempting to bribe an officer or employee of County or any other municipality or state entity nor has Grantee or any of the Grantee Representatives made an admission of guilt of such conduct which is a matter of record.

Y. Insurance.

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set out in the attached Attachment B.

Z. Intellectual Property.
(1) County shall own all right, title, and interest in and to the Deliverables. For purposes of this Agreement, the term “Deliverables” shall mean any documentation and deliverables created by Grantee during the performance of services that are identified in this Agreement. Grantee hereby assigns to the County all rights, title and interest in and to any and all intellectual property whether or not patentable or registrable under patent, copyright, trademark or similar statutes, made or conceived or reduced to practice or learned by Grantee, either alone or jointly with others, during the period of Grantee’s agreement with the County or result from the use of premises leased, owned or contracted for by the County.
(2) Grantee acknowledges that all original works of authorship which are made by Grantee (either solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County. Grantee agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or delivered by Grantee, either solely or jointly with others, in connection with any agreement with the County.
(3) If Grantee is undertaking a restoration or alteration of an original work of authorship within the meaning of 17 U.S.C. § 102, Grantee covenants that the owner of the copyright has consented to the restoration or alteration work. Grantee further covenants that it possesses a License consistent with Section I.A.4 of this Agreement and that it will assign this License to the County prior to requesting grant funding. Grantee hereby forever releases, discharges, and agrees to save and hold harmless County, its employees, agents, representatives, and Board of Supervisors, from, for and against any and all liabilities, claims, causes of action, allegations and lawsuits that are made or threatened to be made in relation to any use made of any of the Intellectual Property. These claims include, but are not limited to, the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civ. Code §§987 and 989), or any other local, state, foreign or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights.

AA. Survival.

All terms and conditions that by their nature should survive termination or expiration of this Agreement, shall so survive including but not limited to Sections I, III, IV, and V.

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BB. Attachments.

The following attachments are included in this Agreement and are incorporated herein by this reference.

Attachment A – Scope of Work and Itemized Project Budget Attachment B – Insurance Requirements and Proof of Insurance

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as provided below, effective as of the last date signed by all the Parties.

Grantee:

Ed Shikada, City Manager
City of Palo Alto, a California municipality

Dated:

Approved as to form:

Caio Arellano
Chief Assistant City Attorney

COUNTY OF SANTA CLARA:

Sylvia Gallegos
Deputy County Executive

Date:

Approved as to form and legality:

Elizabeth Vissers
Deputy County Counsel

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ATTACHMENT A

SCOPE OF WORK AND ITEMIZED PROJECT BUDGET

Restoration and repair of the Roth Building’s existing windows.

All work will be performed to meet the terms of the Historical Heritage Funding Agreement, and the Historical Heritage Grant Program Application and Procedural Guide, including any and all revisions thereto.

ITEMIZED PROJECT BUDGET

WORK TO BE PERFORMED GRANTEE CASH

CONTRIBUTION GRANT TOTAL

1. Glass Block Repair (Soares) $0.00 $31,938 $31,938

2.Waterproofing window openings
(Lawson) $0.00 $19,500 $19,500

3.Sealing and caulking window
openings (Lawson) $0.00 $12,750 $12,750

4. Replace broken glass, re-putty seals,
seal perimeter (Silicon Valley Glass) $0.00 $36,138 $36,138

5.Furnish & install storm windows
(Silicon
Valley Glass)
$0.00 $39,235 $39,235

6.Exterior plaster patches (Level 5) $0.00 $16,284 $16,284

7.Retrofit work, millwork and running
trim
(Vance Brown Inc)
$31,755 $0.00 $31,755

8.Painting sides of windows (Toller
Painting, Inc) $0.00 $16,225 $16,225

9.General Contractor’s Fee (Vance
Brown
oversee and coordination with
subcontractors’ activities and general
supervision of the window
rehabilitation project to completion
including any punch list
activities/documentation)
$0.00 $10,378 $10,378

10. Precast window sills and wall caps
(Soares infrastructure, new construction) $59,907 $0.00 $59,907 TOTAL PROJECT AMOUNT $91,662 $182,448 $274,110
Contingency (Optional) $21,794 $295,904 DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9
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ATTACHMENT B -- INSURANCE REQUIREMENTS AND PROOF OF INSURANCE

INSURANCE REQUIREMENTS FOR

GRANT AGREEMENT

Indemnity

The Grantee shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Grantee and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Grantee shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Grantee contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest.

Insurance

Without limiting the Grantee's indemnification of the County, the Grantee shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage

Prior to commencement of this Agreement, the Grantee shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Grantee upon request.

This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Grantee shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Grantee.

B. Qualifying Insurers

All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A-V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

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C. Notice of Cancellation

All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.

D. Insurance Required

1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:

a. Each occurrence - $1,000,000

b. General aggregate - $1,000,000

c. Products/Completed Operations aggregate - $1,000,000

d. Personal Injury - $1,000,000

2. General liability coverage shall include:

a. Premises and Operations

b. Products/Completed

c. Personal Injury liability

d. Severability of interest

3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Additional Insured Endorsement, which shall read:

“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”

Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not DocuSign Envelope ID: E779C403-D26C-463E-989E-122C371A96F0 Item 9
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GRANT FUNDING AGREEMENT
for the City of Palo Alto for
the Restoration and Repair of the Roth Building Windows project Fiscal Year 2023 HISTORIC HERITAGE GRANT FUNDS

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contributing with insurance provided under this policy. Public Entities may also be added to the additional insured endorsement as applicable and the Grantee shall be notified by the contracting department of these requirements.

4. Fidelity Bond

Before receiving any reimbursement under this Agreement, Grantee will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Grantee will notify County immediately, and County may withhold further payment to Grantee until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.

E. Special Provisions

The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Grantee and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Grantee pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Grantee. However, this shall not in any way limit liabilities assumed by the Grantee under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Grantees obligation hereunder may be satisfied in whole or in part by adequately funded self -insurance programs or self- insurance retentions.

3. Should any of the work under this Agree ment be sublet, the Grantee shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Grantee may insure subcontractors under its own policies.

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EXHIBIT H
FISCAL YEAR 2026 CITY FUNDING
(Added by First Amendment to Lease Agreement)
On June 17, 2024, the Palo Alto City Council adopted the Fiscal Year 2025 Capital Budget, which includes a one-time funding contribution of $500,000 to the Museum in Fiscal Year 2026, pending the City Council’s review and adoption of the Fiscal Year 2026 Budget.

The funds are intended to assist the Museum’s efforts to attract increased donor participation and raise additional funds.

The funds shall not be used for Project costs or for ongoing operational costs, but rather for additional tenant improvements after the Project is complete and for Museum exhibits. Acceptable uses of these funds include costs related to gallery design, exhibit design, interactive multimedia, audio, video, interactive displays, information kiosks, and the contractors hired to do the design and build out of those systems, as well as infrastructure costs, that would include design, engineering, and installation.

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THIRD AMENDMENT TO TENANT WORK LETTER

THIS THIRD AMENDMENT TO TENANT WORK LETTER (this “Third Amendment”) is entered into as of _______________ (“Execution Date”) by and between CITY OF PALO (“City”) and PALO ALTO HISTORY MUSEUM (“Museum”).

RECITALS

A. WHEREAS, City and Museum are parties to that certain Tenant Work Letter dated as of April 20, 2023 as amended by that certain First Amendment to Tenant Work Letter dated September 6, 2023 and that certain Second Amendment to Tenant Work Letter dated November 13, 2023; and

B. WHEREAS, City and Museum desire to further modify and amend the Tenant Work Letter only in the respects and on the conditions hereinafter stated.

AGREEMENT

NOW, THEREFORE, City and Museum, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, agree as follows:

1. Definitions. For purposes of this Third Amendment, capitalized terms shall have the meanings ascribed to them in the Tenant Work Letter unless otherwise defined herein.

2. Attachment A. Attachment A of the Tenant Work Letter is hereby deleted and replaced with the Attachment A attached hereto.

3. Effect of Third Amendment. Except as modified by this Third Amendment, the Tenant Work Letter and all the covenants, agreements, terms, provisions and conditions thereof shall remain in full force and effect and are hereby ratified and affirmed. In the event of any conflict between the terms contained in this Third Amendment and the Tenant Work Letter, the terms herein contained shall supersede and control the obligations and liabilities of the parties.

4. Counterparts and PDF Signatures. This Third Amendment may be executed in one or more counterparts, each of which, when taken together, shall constitute one and the same document. A portable document format (PDF) signature using Docusign on this Third Amendment shall be equivalent to, and have the same force and effect as, an original signature.

[Signature page follows]
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IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the day hereinabove first written.

CITY:

CITY OF PALO ALTO,
a California chartered municipal corporation

By: ______________________________
Name: ___________________________
Title: City Manager or designee
Date: ____________________________

Approved as to Form:

By: ______________________________
Name: ___________________________
Title: City Attorney or designee
Date: ____________________________

MUSEUM:

PALO ALTO HISTORY MUSEUM

By: ______________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________

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ATTACHMENT A

PROJECT FUNDING

This Attachment A details the Parties’ respective funding commitments for construction of the Project, based on the estimated Construction Cost set forth in Recital F, which is subject to amendment prior to commencement of Project construction. Pursuant to Section 5.4, this Attachment A will be amended based on the final GMP, as a condition precedent to commencement of Project construction.

1. Museum Contribution. The Museum is contributing $3,108,292.00 to pay for certain hard and soft costs for the construction of the Project as further specified in Section 4.3, which is comprised of the following:

A. The Museum will contribute $372,011.00 to pay for all construction phase soft costs, including, without limitation, all permit and utility fees that are not expressly waived or reimbursed by the City and the premiums for the Builder’s Risk insurance for the Project.

B. The Museum will contribute $2,736,881.00, based on the difference between the City Contribution and the estimated amount of the GMP as of the Effective Date.

The Museum Contribution shall be funded by pledged and received donations in the amount of $850,000.00 (the “Museum Donations”) and, to the extent available and subject to Section 4.3 of the Tenant Work Letter, funds from the HUD Grant in the amount of $2,258,892.00 (the “HUD Funds”). Notwithstanding the foregoing, the amounts set forth herein are subject to amendment pursuant to Section 5.4 to reflect the final GMP and commensurate adjustments to the final amount of the Museum Contribution as a condition precedent to commencement of Project construction.

2. City Contribution. The City Contribution is comprised of the following contributions and reimbursements for construction of the Project, for a total City Contribution of $10,702,448, provided the Museum meets its funding obligations and timely complies with the conditions for Project commencement set forth in this Tenant Work Letter:

A. The City will contribute $5,400,000.00 from transferable development rights and City general funds.

B. The City will contribute $2,000,000.00 from Stanford University Medical Center development agreement funds.

C. The City will contribute $835,448.00 from funds received pursuant to the County Grant Agreements, which is to be allocated solely for the improvements specified in the County Grant Agreements, and conditioned Item 9
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upon the Museum’s compliance with the terms and conditions of the County Grant Agreements, as may be further specified in the Lease.

D. The City will contribute $1,650,000.00 from Community Center Impact Fees, toward construction cost for the community room facilities in the Building, provided those facilities are available for public community center use as further specified in the Lease.

E. The City will contribute $350,000.00 from Park Impact Fees toward construction costs for the restroom facilities on the northeast side of the Building, provided those facilities are available as the public restrooms serving Heritage Park as further specified in the Lease.

F. The City will contribute $300,000.00 from Library Impact Fees toward construction costs for the City Archive Room, provided the City Archive Room is available and accessible for City archives as further specified in the Lease.

G. The City will reimburse the Museum in the amount of $100,000.00 for permit fees previously assessed for the Project.

H. The City will contribute $67,000.00 to offset the cost for the General Contractor’s procurement of a payment bond and a performance bond.

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Transportation
Meeting Date: October 21, 2024
Report #:2408-3387
TITLE
Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto On-Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status – not a project.

RECOMMENDATION
Staff recommends that the Council approve and authorize the City Manager or their designee to:

1. Execute Contract Amendment No. 2 with Nomad Transit, LLC (Via), to provide Palo Alto Link Services, extending the contract term to June 30, 2025, with additional funding of $1.2 million for a revised not to exceed total of $3,801,550 (Attachment A); and

2. Execute the attached Cost Sharing Agreement to Receive Funding from Stanford University to Fund Palo Alto Link Services to Stanford Research Park up to $600,000 annually (Attachment B); and

3. Adoption of an Ordinance to Amend the Fiscal Year 2025 Municipal Fee Schedule (Attachment C) by eliminating discounted fares, increasing fares for Palo Alto Link for single rides for all user types to $0-4, increasing monthly passes to $130, and increasing weekly passes to $40.

EXECUTIVE SUMMARY
The recommended actions continue Palo Alto Link (PAL) services through June 2025, in line with Council action recommending a baseline of funding for on-demand transit services and a standardized fare for all user types.

BACKGROUND
Palo Alto Link provides on-demand transit service Monday—Friday for a 12-hour service span 7:00 am-7:00 pm. The service operates within most of the City, with exceptions only to the east Item 10
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and west ends that house large open spaces and conservation lands. PAL is utilizing a ten (10) vehicle fleet to provide virtually positioned pick-up and drop-off locations within an acceptable walking distance with the help of a web application. Door-to-door service is available for riders who may require extra assistance. The service addresses first-/last-mile challenges in Palo Alto and provides a convenient and affordable transportation option for residents, employees, and vulnerable/transit-dependent populations. Finding and securing funding partners such as SRP is an integral strategy to establishing a long-term path forward for funding PAL transit services.

The City Council approved the contract for this service in December 2022 and further discussed service levels and funding in April 2023 and as part of the FY 2025 budget process in May 2024.

On December 12, 2022, the Council approved a contract with Nomad Transit LLC (Via) to provide on-demand transit services in the amount of $2,043,000 for up to two years, which the City conducted a formal solicitation for and was primarily funded through the 2016 Measure B Innovative Transit Grant ($2,000,000)1. On April 10, 2023, the Council approved contract Amendment No. 1 with Nomad Transit (increasing the NTE to $2,601,500 while keeping contract expiration date of December 31, 2024) in conjunction with approving a cost-sharing agreement with Stanford Research Park (SRP) to increase the service area of PAL to also serve the SRP, and have the SRP contribute (up to $372,000 annually) to the City to cover the increased cost of providing an expanded service area2.

ANALYSIS
A study session was held with the City Council in FY 2024 to discuss the service levels of this program to discuss the future of the program in light of the sunset of the Innovative Transit Grant. This discussion reviewed the funding necessary to support different levels of services in preparation for the FY 2025 budget process. During the FY 2025 budget process, the Finance Committee and City Council adopted a revised level of service and funding plan including changes to ride fares, partnerships with other agencies, and grant funding to lower the net financial impact on the City’s General Fund. The FY 2025 Adopted Budget reflected gross program expenses of $1.2 million, shy of the $1.9 million to maintain FY 2024 services levels.

Staff recommends approval of contract amendment #2 with Nomad Transit which reflects revised program costs to $1.5M for FY 2025; this included $0.3M in carryover funding from FY 2024 and a recommended total contract increase of $1.2M. Amendment #2 to the Nomad Transit contract will continue PAL on-demand transit operations until the end of FY 2025. This contract recommends a service level that maintains Palo Alto Link on-demand transit service Monday—Friday for a 12-hour service span 7:00 am-7:00 pm, however, will result in an estimated 3-5 minutes or longer pick-up time; an estimated 20% to 25% increase in wait times for a ride pick-up.
1 CMR #14959,
https://portal.laserfiche.com/Portal/DocView.aspx?id=59018&repo=r-704298fc 2 CMR #2303-1128,
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FY 2025 services funded by this contract amendment align with the FY 2025 Adopted Budget and reflect the following sources of funding and recommended additional actions in this report:
•Transportation for Clean Grant (TFCA) of $441,000, administered by the Metropolitan Transportation Commission (MTC) and Valley Transportation Authority (VTA for electrifying its accessible van fleet and for continued operations of the PAL Service. •Recommended approval of cost-sharing agreement with Stanford Research Park (SRP) with a new cost basis methodology using a usage-based model. SRP will pay a pro-rata amount based upon the total monthly cost of the service and the percentage of trips to and from the SRP up to an annual maximum of $600,000. This reflects a significant change from the current funding of $372,000 annually. Upon Council action, the new agreement (Attachment B) will be in effect from September 1, 2024, to August 31, 2025. •Recommended amending the FY 2025 Municipal Fee Schedule for 'On-Demand Transit Fares’ increasing the fare for one-way fares from $0-$3.50 to $0-$4.00, increasing the Monthly Pass from $65 to $130, increasing Weekly Passes from $20 to $40, and eliminating discounted fares. This fare increase was discussed as part of the necessary funding strategies during the FY 2025 budget process and the recommended changes to the FY 2025 municipal fee schedule adjusts the fees (Attachment C). As noted in the ordinance, the fee increases will come into effect 30 days after the Council approves the ordinance. Outreach efforts to notify the public of the increase will occur through the City’s website and notifications on the PAL app to inform riders of any fare changes.

FISCAL/RESOURCE IMPACT
The FY 2025 Adopted Operating Budget has sufficient funding to cover the increase in contract costs with no additional budgetary action required. The FY 2025 Adopted Budget includes $1.26 million in expenses with $764,000 in estimated revenues to support this program, resulting in $500,000 in net General Fund support. The estimated revenues reflect $441,000 in one-time grant funding from the Transportation Fund for Clean Air (TFCA), an additional $243,000 in SRP contributions, and $80,000 in additional fare revenue.

Due to PAL being an on-demand service, revenues from the SRP and the fares can fluctuate with demand for service. In addition, the revised contract with SRP may result in up to $600,000 annually as noted above, however, as it is only a partial year and demand based, current budget assumptions reflect a more conservative revenue estimate more closely aligned with prior year funding levels. Staff will closely monitor PAL activity and bring forward budgetary adjustments to Council as needed with the expectation that the $500,000 in the City’s General Fund support will not be increased in FY 2025.

Ongoing, this program will continue to be evaluated annually as part of the budget process, this is a one year contract extension and therefore further actions would need to be brought forward for Council approval to continue services in FY 2026.

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STAKEHOLDER ENGAGEMENT
Public engagement is ongoing since the program launched on March 7, 2023. Stakeholders targeted for notification of the now standard fare increase to $4 for all user types include Caltrain riders, commuters to Palo Alto, service providers targeting older adults, senior living communities, senior living communities, youth service providers, neighborhood groups, etc.

Community engagement and marketing activities include tabling at community events and destinations and social media campaigns.

ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA under CEQA regulation 15061(b)(3).

ATTACHMENTS
Attachment A: Nomad Transit LLC (Via) Contract; C23184827 Amendment #2 Attachment B: Stanford Research Park Cost Sharing Agreement No. 63080569 Attachment C: Ordinance Amending the FY25 Municipal Fee APPROVED BY:

Philip Kamhi, Chief Transportation Official
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AMENDMENT NO. 2 TO CONTRACT NO. C23184827

BETWEEN THE CITY OF PALO ALTO AND

NOMAD TRANSIT, LLC
This Amendment No. 2 (this “Amendment”) to Contract No. C23184827 (the “Contract” as defined below) is entered into as of September 23, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and NOMAD TRANSIT, LLC, a Delaware limited liability corporation, located at 10 Crosby Street, 2nd Floor, New York, NY 10013 (“CONSULTANT”). CITY and CONSULTANT] are referred to collectively as the “Parties” in this Amendment.

R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing transit and shuttle services, inclusive of equipment, transportation planning, customer engagement, and marketing services, labor and vendor services, and the technology to support services, as detailed therein.

B. The Parties now wish to amend the Contract in order to increase the compensation by One Million, Two Hundred Thousand Dollars ($1,200,000.00) from Two Million, Six Hundred One Thousand, Five Hundred Fifty Dollars ($2,601,550.00) to a new total not-to- exceed Three Million, Eight Hundred One Thousand, Five Hundred Fifty Dollars (3,801,550.00) and extend the term by one year to expire December 31, 2025.

NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:

SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C23184827 between CONSULTANT and CITY, dated December 12, 2022, as amended by:

Amendment No.1, dated April 10, 2023
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.

SECTION 2. Section 2, TERM of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through December 31, 2025, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.”

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SECTION 3. Section 4, “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “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 Three Million, Eight Hundred One Thousand, Five Hundred Fifty Dollars (3,801,550.00).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.” SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:a. Exhibit “B” entitled “Schedule of Performance, Amendment 1”, AMENDED,REPLACES PREVIOUS.b. Exhibit “C” entitled “Compensation, Amendment No. 1”, AMENDED,REPLACES PREVIOUS.SECTION 5. Legal Effect.Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Item 10
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SIGNATURES OF THE PARTIESIN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.CITY OF PALO ALTOCity Manager APPROVED AS TO FORM:City Attorney or designeeNOMAD TRANSIT, LLC Officer 1By: Name:Title:Officer 2 By: Name: Title:Attachments: Exhibit “B” - “Schedule of Performance, Amendment 1”, AMENDED, REPLACES PREVIOUS.Exhibit “C” - “Compensation, Amendment No. 1”, AMENDED, REPLACES PREVIOUS.

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EXHIBIT BSCHEDULE OF PERFORMANCE AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.MilestonesCompletion -Number of Days/Weeks (as specified below)from NTP Finalized project scope By end of Week 6 Established service parameters By end of Week 6 Finalized data sharing plan By end of Week 6 Defined marketing plan By end of Week 6 Localized software suite By end of Week 7 Quality assurance and internal system testing completedBy end of Week 7 Pre-launch driver and staff training completed By end of Week 7 Rider and Driver Apps available for download By end of Week 7 Fleet ready for live service By end of Week 12 Live field testing completed By end of Week 12 All pre-launch marketing completed By end of Week 12 M-F, 8a-6p transit services providedOngoing delivery beyond service launch Feedback gathered from initial users Quarterly reviewPost-launch marketing and promotions plan initiated Monthly reviewOngoing optimization of day-to-day operations Monthly reviewEnd of service marketing plan 6 weeks before anticipated transit services end Final reporting requirements completed Before final disbursement of funds Item 10
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EXHIBIT CCOMPENSATION, AMENDMENT NO. 1(AMENDED, REPLACES PREVIOUS)CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.BUDGET SCHEDULE TASK NOT TO EXCEED AMOUNTTask 1 (Upfront Costs)$92,500.00 + $13,500.00*Task 2 (Vehicle Hours (Up to Hours 41,275))$2,503,050.00 + $1,186,500.00**Task 3 (Estimated Electricity Cost (To be Treated as a Pass-Through) $6,000.00Sub-total for Services $3,801,550Reimbursable Expenses (if any) $0.00 Total for Services and Reimbursable Expenses $3,801,550Additional Services (if any, per Section 4) $0.00 Maximum Total Compensation $3,801,550* The $13,500 is added by Amendment 2 for the cost of moving from hybrid vans to fully electricvans per TFCA requirements.

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** The $1,186,500 is added by Amendment 2. Note: Pricing assumes that the Services provided hereunder are tax exempt and assumes service hours of 8am-6pm M-F. Pricing assumes launch within 4 months of contract signing. Estimated Electricity Cost assumes 2 active EVs with 171 Wh/km efficiency and electricity cost at $0.23 / kWh. Electricity costs will be treated as a pass-through. In the event that the Services cease to be tax exempt, such taxes will be treated as pass-through and charged to the City.REIMBURSABLE EXPENSESCONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONEup to the not-to-exceed amount of: $0.00.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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PURCHASING GUIDE – APPENDIX L PAGE 1 OF 7
Stanford Agreement No. 63080569
City of Palo Alto C25192867
Appendix L:

Short Form Agreement for
Revenue Contracts
See n
ext page for Forms and Instructions:

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Research Park Cost
Sharing Agreement No.
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Stanford Agreement No.

PAGE 2 OF 7 APPENDIX L – SHORT FORM AGREEMENTS FOR REVENUE CONTRACTS Short Form Agreement for Revenue Contracts
Cost-Sharing Agreement between the City of Palo Alto and Stanford for On-Demand Transit Services Contract #: 63080569 BY T
HIS AGREEMENT MADE AND ENTERED INTO ON OCTOBER 7, 2024 BY AND BETWEEN THE CITY OF PALO ALTO (“CITY”) AND THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY (“STANFORD”), 3215 Porter Drive, Palo Alto, CA 94304- 1286. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
CITY SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: EXHIBIT A – SCOPE OF SERVICES. EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT:

CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED Exhibit A - Scope of Services
Exhibit B- Payment Plan
Exhibit C- Insurance Requirements
TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON SEPTEMBER 1,2024 AND SHALL BE COMPLETED BY AUGUST 30, 2025 C
OMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: STANFORD SHALL PAY CITY AN AMOUNT NOT TO EXCEED $600,000 IN ACCORDANCE WITH EXHIBIT B. CITY ACCOUNT NUMBER:

COST CENTER GL ACCT PROJECT /INTERNAL ORDER PHASE NO. DOLLAR AMOUNT 66030004 31990
G
ENERAL TERMS AND CONDITIONS ARE INCLUDED ON ALL PAGES OF THIS AGREEMENT. .

HOLD HARMLESS. Each party shall indemnify, defend and hold harmless the other party, its Council Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of the other party, its officers’, directors’, employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct.

ENTIRE AGREEMENT. This agreement and the terms and conditions on the following pages represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby.

Docusign Envelope ID: 713D4200-78E8-499D-BB31-41EE899E7CC3 Item 10
Attachment B - Stanford
Research Park Cost
Sharing Agreement No.
63080569

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PURCHASING GUIDE – APPENDIX L PAGE 3 OF 7
IN W

ITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE.
PROJECT MANAGER AND REPRESENTATIVE FOR STANFORD

OR CITY
Nathan Baird BY:

O
ffice of Transportation TITLE: Procurement Director
P.O, BOX 10250
PALO ALTO, CA 94303 Date:

T
elephone 650-329-2520
I
NVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL

BOXES BELOW)
CITY DEPARTMENT  Funds Have Been
Budgeted
(1)

PURCHASING & CONTRACT

ADMINISTRATION INSURANCE
REVIEW
(2)
APPROVAL OVER $25,000
(3) PURCHASING MANAGER
APPROVAL OVER $25,000 APPROVAL OVER $85,000

CITY OF PALO ALTO
BY:

CITY ATTORNEY
ATTEST:

BY:

MAYOR CITY CLERK
Docusign Envelope ID: 713D4200-78E8-499D-BB31-41EE899E7CC3 10/15/2024
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Research Park Cost
Sharing Agreement No.
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Stanford Agreement No.

PAGE 4 OF 7 APPENDIX L – SHORT FORM AGREEMENTS FOR REVENUE CONTRACTS

CITY OF PALO ALTO

GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. This agreement is limited to the terms
and conditions on pages 1 through 4 inclusive and any exhibits referenced.

B. GOVERNING LAW AND VENUE. This agreement
shall be governed by the laws of the state of California. The courts of the State of California in the County of Santa Clara and the federal court for the Northern District of California have sole jurisdiction over any disputes that arise over this agreement.

C. NO EMPLOYMENT; CONFLICTS. It is understood and
ag
reed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between the CITY and undersigned. At all times CITY shall be deemed to be an independent contractor and STANFORD is not
authorized to bind CITY to any contracts or other obligations.

In executing this agreement, STANFORD certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of CITY.

D. INSURANCE. STANFORD agrees to provide the
insurance specified in the “Insurance Requirements” form attached hereto as Exhibit C or self- insure to equivalent standards. In the event STANFORD is unable to secure a
policy endorsement naming the City of Palo Alto as an
additional insured under any comprehensive general liability or comprehensive automobile policy or policies, STANFORD
shall at a minimum, and only with the written approval of City’s Risk Manager or designee, cause each such insurance policy obtained by it to contain an endorsement providing that the insurer waives all right o f recovery by way of subrogation against CITY, its officers, agents, and employees in connection with any damage, claim, liability personal injury, or wrongful death covered by any such policy. Each such policy obtained by STANFORD shall contain an endorsement requiring thirty (30)
da
ys' written notice from the insurer to CITY before
cancellation or reduction in the coverage or limits of such policy. STANFORD shall provide certificates of such policies or other evidence of coverage satisfactory to City's Risk Manager, together with evidence of payment of premiums, to CITY at the commencement of this agreement, and on renewal of the policy, or policies, not later than twenty (20) days before expiration of the terms of any such policy. CITY agrees to maintain insurance of equivalent standards as STANFORD.

E. TERMINATION. This agreement may be terminated by
either party upon thirty (30) days written notice to the other party. Monies then owing based upon work satisfactoril
y
a
ccomplished shall be paid to CITY.

F. CHANGES. This agreement shall not be assigned or
transferred without the written consent of the either party. No c
hanges or variations of any kind are authorized without the written consent of the both parties.

G. Reserved.

H. NO IMPLIED WAIVER. No payment, partial payment,
acceptance, or partial acceptance by either party shall operate as a waiver on the part of such party of any of its rights under this agreement.

I. Reserved.

J. Reserved.

K. Reserved.

L. Reserved.

M. PRICE TERMS. Extra charges, invoices and p ayment.

No extra charges of any kind will be allowed unless
specifically agreed to in writing by CITY. All state and federal excise, sales and use taxes shall be stated separately on the invoices. In event CITY reduces its price for such materials or services during the term of this agreement, CITY agrees to reduce the prices or rates hereof correspondingly.

N. Reserved.

O. Reserved.

P. NO THIRD PARTY BENEFICIARIES. Nothing in this
Agreement shall give any rights to any person other than the Parties to this Agreement.

Q. USE OF STANFORD TRADEMARKS. CITY agrees not
to use Stanford's name or other Stanford trademarks (together referred to herein as the "Marks"), or the name or trademarks o f
a
ny related organization, or to quote any of Stanford's faculty, staff, students, volunteers or agents ("Quotes"), either in writing or orally, without the prior written consent of STANFORD’s Senior Director, University Brand
Management. This prohibition includes, but is not limited to, use of the Marks or Quotes in press releases, advertising, marketing materials, other promotional materials,
presentations, photographs for commercial use, case studies, reports, websites, application or software interfaces, and other electronic media.

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Research Park Cost
Sharing Agreement No.
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EXHIBIT A – SCOPE OF SERVICES

In consideration for Stanford’s payment under this Agreement, City shall:

1. Expand the City’s On- Demand Transit program delivered under City contract C23184827or its successors with Nomad Transit LLC (“program”) to include the Stanford Research Park during all regular hours of the program.

2. Provide free rides to and from the Stanford Research Park as part of the program in lieu of charging riders the regular fee.

3. Provide Stanford with ride data on a periodic basis regarding rides to/from Stanford Research Park. Such data will not include personal information of the riders.

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Research Park Cost
Sharing Agreement No.
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EXHIBIT B – PAYMENT PLAN

Stanford shall pay City a pro-rata amount based upon the total monthly cost of the service and the percentage of trips to and from the Standford Research Park (SRP), with a not-to-exceed annual amount of $600,000. For each month, the formula shall be the total monthly cost invoiced, multiplied by the total percentage of completed trips to and from the SRP with the trip data being provided by Nomad Transit LLC.

Example of Monthly Billing to SRP:

Month
Monthly
Invoice Total
SRP % of all
completed trips
Total Monthly
Cost to SRP
January $ 100,000.00 35% $35,000

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Research Park Cost
Sharing Agreement No.
63080569

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EXHIBIT C – INSURANCE REQUIREMENTS

STANFORD WARRANTS THAT IT HAS INSURANCE TO SUPPORT THIS AGREEMENT AND THAT IT WILL MAINTAIN COVERAGE FOR THE DURATION OF THIS AGREEMENT AS PROVIDED BELOW.

CONTRACT 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

YES

GENERAL LIABILITY, INCLUDING BODILY INJURY $1,000,000 $1,000,000

PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET PROPERTY DAMAGE $1,000,000 $1,000,000

CONTRACTUAL, AND FIRE LEGAL

LIABILITY BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000 $1,000,000

YES

AUTOMOBILE LIABILITY,

BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE

$250,000
$500,000

INCLUDING ALL OWNED, HIRED,
NON-OWNED PROPERTY DAMAGE $100,000 $100,000

NO PROFESSIONAL LIABILITY,

INCLUDING, ERRORS AND

OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND

NEGLIGENT PERFORMANCE

ALL DAMAGES

$1,000,000

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Research Park Cost
Sharing Agreement No.
63080569

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*NOT YET APPROVED*
1 115_20240822_ts24
Ordinance No.

O
rdinance of the Council of the City of Palo Alto Amending the Fiscal Year 2025 Municipal Fee Schedule to Amend Existing Fees for City’s Palo Alto Link On- Demand Transit Service
T
he Council of the City of Palo Alto ORDAINS as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. Thr
ough this ordinance, the City desires to increase on-demand transit service fees for its Palo Alto Link service in October 2024. The City will remove discounted fares, increase Monthly Passes to $130 per month, charge a fee from free up to $4.00 per passenger trip, and increase Weekly Passes to $40.00 per week.

B. Th
e increase of fees will assist the City in continuing sustainable operations of the Palo Alto Link after the successful majority grant-funded pilot in which the VTA provided $2 million has concluded.

SECTION 2. The Council of the City of Palo Alto amends the Fiscal Year 2025 Municipal Fee Schedule by adopting the amended fees for on-demand transit as set forth in Exhibit “A” and incorporated here by reference.

SECTION 3. The fees in this Ordinance are for a specific government service provided directly to the payor that is not provided to those not charged and which does not exceed the reasonable costs to the local government of providing the service or product. Pursuant to Art.

XIII C, Section 1(e)(2) of the California Constitution, this fee is not a tax.

SECTION 4. The Council finds that this ordinance is not a “project” under CEQA because it has no potential for resulting in either a direct or reasonable foreseeable indirect change in the environment.
//
//
//
//
//
//
//

ATTACHMENT C
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Attachment C - Ordinance
Amending the FY25
Municipal Fee

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2 115_20240822_ts24

SECTION 5. This ordinance shall be effective upon adoption as an amendment to the City’s FY25 budget and shall be implemented within 60 days of adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

Assistant City Attorney City Manager

Chief Transportation Official

Director of Administrative
Services
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Amending the FY25
Municipal Fee

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Attachment A

Fiscal Year 2025 Municipal Fee Schedule
Office of Transportation Fees

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Amending the FY25
Municipal Fee

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City Council
Staff Report
From: City Clerk
Report Type: ACTION ITEMS
Meeting Date: October 28, 2024
Report #:2409-3516
TITLE
Adopt a Resolution Establishing the City Council Annual Calendar of Meetings, Recesses and City Council Events for the Calendar Year 2025; CEQA status – not a project

RECOMMENDATION
Staff recommends that City Council adopt a resolution establishing the City Council calendar of meetings, recesses, and City Council events for the calendar year 2025 which considers holidays and other dates to avoid for City Council meetings.

BACKGROUND
The City Council adopts a schedule of meetings for the upcoming calendar year every December.

An adopted calendar allows the City Council to efficiently conduct the City’s business and offer the City Council, staff, and the community the opportunity to better plan for meetings as well as other obligations.

The proposed calendar includes City Council and standing Council committee meetings (City Schools Liaison, Finance, Policy & Services Committees). The Council Appointed Officers Committee meets on an as-needed basis and therefore is not included. The Council has also chosen to use ad hoc committees in recent years. These committees are not included in this calendar as they are dependent on discussion and action by the City Council at the 2025 Retreat/Priority Setting meeting. Per the City Council’s Procedures and Protocols Handbook1, ad hoc committees are not intended to be perpetual, but rather should be dissolved within a finite period of time once their specific tasks are complete. A report out from the City’s ad hoc committees is tentatively scheduled for the December 16, 2024. Staff recommends that the City Council discuss ad hoc committees that may be needed for 2025 at the City Council’s 2025 Retreat/Priority Setting Meeting, proposed for January 27, 2025. (Aligned with prior practice, the 2024 ad hoc committees could meet in January if time-sensitive work is needed during that time.) 1 City Council Procedures and Protocols Handbook, pg. 6 https://www.cityofpaloalto.org/files/assets/public/v/5/city-clerk/city-charterprocedures/adopted-council- protocols-and-procedures-manual.pdf
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Municipal Code Section 2.04.010 sets regular City Council meetings on the first three Mondays of each month at 5:30pm and requires the City Council to schedule its annual recesses by resolution. Municipal Code Section 2.04.200 establishes regular meeting frequencies for the Finance and Policy & Services standing Council committees as 7:00pm on the first and third Tuesday per month for Finance and 7:00pm on the second Tuesday per month for Policy & Services. The start times of standing Council committee meetings may be a discussion topic at the City Council’s 2025 Retreat/Priority Setting Meeting or as part of the annual discussion of the Council Policies and Procedures. Staff, in partnership with the Mayor and Vice Mayor, may schedule additional special meetings should they be necessary for conducting City Council business. In previous years, the City Council periodically rescheduled regular meetings to avoid conflicts with City holidays and religious or cultural dates of significance per City Council direction.

ANALYSIS
The proposed 2025 calendar of City Council meetings, recesses, and events is included in Attachment A. The proposed calendar incorporates scheduling changes based on a list of dates to avoid meetings.

Staff is proposing a list of days to avoid scheduling City Council meetings to increase transparency around the rescheduling of meetings and to offer a calendar consistent with the City’s commitment to equity and inclusion. The list is intended to identify possible conflicts only with City Council meetings. Staff does not recommend scheduling standing Council committee meetings around these dates because committee actions are recommendations to City Council; interested parties have an opportunity to weigh in when the item advances to the full Council.

The dates to avoid scheduling meetings fall into two categories: days on which City administrative offices are closed in observance of holidays, and certain City-recognized holidays and religious holidays. The City's Memoranda of Agreement with our represented employee labor groups recognize New Year’s Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, July 4 th, Labor Day, Indigenous People's Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and Christmas as paid days off. The MOAs include procedures and compensation for employees required to work on those days. Staff also included City-recognized holidays as well as religious holidays that could fall on Mondays and whose main celebrations begin in the evening, which would preclude observants from participating in City Council meetings.

The proposed days to avoid scheduling meetings are:
•New Year’s Day (Wed, Jan 1, 2025)
•Martin Luther King, Jr. Day (Mon, Jan 20, 2025)
•Lunar New Year (Wed, Jan 29, 2025)
•President’s Day (Mon, Feb 17, 2025)
•Eid al-Fitr (Sat, Mar 29, 2025)
•Passover (Sat, Apr 12, 2025)
•Memorial Day (Mon, May 26, 2025)
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•Eid Al-Adha (Fri, Jun 6, 2025)
•Juneteenth (Thurs, Jun 19, 2025)
•The Fourth of July (Fri, Jul 4, 2025)
•Labor Day (Mon, Sept 1, 2025)
•Rosh Hashanah (Mon, Sept 22, 2025)
•Yom Kippur (Wed, Oct 1, 2025)
•Indigenous Peoples’ Day (Mon, Oct 13, 2025)
•Veterans Day (Tues, Nov 11, 2025)
•Thanksgiving Day (Thurs, Nov 27, 2025)
•Day after Thanksgiving (Fri, Nov 28, 2025)
•Christmas Day (Thurs, Dec 25, 2025)
Note, Easter is not included on this list because it is typically observed on a Sunday and would not conflict with a City Council meeting date on a Monday.

Action Item 1.3 of the 2024-2025 Equity Action Plan 2 states: “Create a process that includes the Human Relations Commission (HRC) for annual calendar settings related to holidays and heritage months.” In line with this Action Item, the HRC provided feedback on this topic at its October 10, 2024 meeting3.

The HRC supported having the item return annually and expressed interest in additional public input in the future. The HRC also suggested the list be posted online. Staff added Lunar New Year to the list at the suggestion of the HRC. The also HRC suggested including Diwali. However, unlike the other holidays on the list, its primary observance is not tied to an evening. HRC also asked which of the dates to avoid would trigger the rescheduling of a City Council meeting in 2025.

Of the list above, the following holidays fall on a Monday in 2025:
•Martin Luther King, Jr. Day (Mon, Jan 20, 2025)
•President’s Day (Mon, February 17, 2025)
•Memorial Day (Mon, May 26, 2025)
•Labor Day (Mon, Sept 1, 2025)
•Rosh Hashanah (Mon, Sept 22, 2025)
•Indigenous Peoples’ Day (Mon, Oct 13, 2025)
Relatedly, the City Council began an exploration more broadly of holidays/dates of significance with the intention of increasing inclusivity as part of the City’s equity goals. The current list is included as Attachment C. This expanded list could be used for general awareness, recognition, or sometimes proclamations. The HRC also reviewed these dates at its October meeting. 2 Equity Action Plan: https://www.cityofpaloalto.org/files/assets/public/v/1/city-manager/race-amp-equity/equity- workplan-2024.pdf
3 Human Relations Commission, October 10, 2024; Agenda Item # 2, Staff Report # 2409-3515 https://portal.laserfiche.com/Portal/DocView.aspx?id=98540&repo=r-704298fc Item 11
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The curation of both the dates to avoid for City Council meetings and the broader list of holidays/dates of significance has been and will continue to be iterative. With input from the City Council, the HRC, and the whole community, staff will continue to refine them as appropriate each year.

FISCAL/RESOURCE IMPACT
There are no fiscal impacts associated with this action.

STAKEHOLDER ENGAGEMENT
Staff in multiple departments including the City Manager’s Office, City Clerk’s Office, and Community Services Department collaborated on the proposed schedule and list of dates to avoid meetings. The HRC discussed the proposed calendar at its October 10, 2024 public meeting, and solicited public input, including from the local faith community, before and during the meeting.

ENVIRONMENTAL REVIEW
This action is not a project under section 15378(b)(25) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical change in the environment).

ATTACHMENTS
Attachment A: Proposed 2025 City Council and Standing Council Committee Meeting Schedule Attachment B: Draft Resolution Establishing the Council Calendar of Meetings, Summer and Winter Recesses, and Schedule of Events for Calendar Year 2025 Attachment C: Holidays and Dates of Significance
APPROVED BY:

Mahealani Ah Yun, City Clerk
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2025 City Council and Standing Council Committee Meeting Schedule Date Meeting Body
January 6 City Council
January 13 City Council
January 21 City Council (Special)
January 27 City Council (Special) – Annual Priority Setting Meeting February 3 City Council
February 4 Finance Committee
February 10 City Council
February 11 Policy & Services Committee
February 18 Finance Committee
February 20 City/Schools Liaison Committee
February 24 City Council (Special)
March 3 City Council
March 4 Finance Committee
March 10 City Council
March 11 Policy & Services Committee
March 17 City Council
March 18 Finance Committee
March 20 City/Schools Liaison Committee
March 24 City Council (additional if needed)
March 31 City Council (additional if needed)
April 1 Finance Committee
April 7 City Council
April 8 Policy & Services Committee
April 14 City Council
April 15 Finance Committee
April 17 City/Schools Liaison Committee
April 21 City Council
April 28 City Council (additional if needed)
May 5 City Council
May 6 Finance Committee
May 7 Finance Committee (Special)
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2025 City Council and
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Schedule

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May 12 City Council
May 13 Policy & Services Committee
May 15 City/Schools Liaison Committee
May 19 City Council
May 20 Finance Committee
June 2 City Council
June 3 Finance Committee
June 9 City Council
June 10 Policy & Services Committee
June 16 City Council
June 17 Finance Committee
June 17 City Council (additional if needed)
June 20 – August 3 Summer Recess
August 4 City Council
August 5 Finance Committee
August 11 City Council
August 12 Policy & Services Committee
August 18 City Council
August 19 Finance Committee
August 21 City/School Liaison Committee
August 25 City Council (additional if needed)
September 2 Finance Committee
September 8 City Council
September 9 Policy & Services Committee
September 15 City Council
September 16 Finance Committee
September 18 City/Schools Liaison Committee
September 29 City Council (Special)
October 6 City Council
October 7 Finance Committee
October 14 Policy & Services Committee
October 16 City/Schools Liaison Committee
October 20 City Council
October 21 Finance Committee
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2025 City Council and
Standing Council
Committee Meeting
Schedule

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October 27 City Council (Special)
November 3 City Council
November 4 Finance Committee
November 10 City Council
November 12 Policy & Services Committee (Special)
November 17 City Council
November 18 Finance Committee
November 20 City/Schools Liaison Committee
December 1 City Council
December 2 Finance Committee
December 8 City Council
December 9 Policy & Services Committee
December 15 City Council
December 16 Finance Committee
December 18 City/Schools Liaison Committee
December 19 – January 4, 2026 Winter Recess
City Council Events 2025
Monday, January 6, 2025 Council Reorganization Event
Monday, January 27, 2025 Annual Priority Setting Meeting TBD State of the City
June 20, 2025 – August 3, 2025 Summer Recess
December 19, 2025 – January 4, 2026 Winter Recess
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Schedule

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Administrative Offices/Facilities Closed
Dec 2024

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
JANUARY 2025
Feb 2025

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 29 30 31 1 2 3 4
New Year’s Day
5 6 7 8 9 10 11
City Council
12 13 14 15 16 17 18
City Council
19 20 21 22 23 24 25
Martin Luther
King Jr. Day
City Council
(Special)
26 27 28 29 30 31 1
City Council
(Special) Annual
Priority Setting
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Committee Meeting Schedule

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Administrative Offices/Facilities Closed
Jan 2025

S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
FEBRUARY 2025
Mar 2025

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 26 27 28 29 30 31 1
2 3 4 5 6 7 8
City Council Finance
9 10 11 12 13 14 15
City Council Policy &
Services
16 17 18 19 20 21 22
President’s Day Finance City/Schools
23 24 25 26 27 28 1
City Council
(Special)
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Administrative Offices/Facilities Closed
Feb 2025

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28
MARCH 2025
Apr 2025

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 23 24 25 26 27 28 1
2 3 4 5 6 7 8
City Council Finance
9 10 11 12 13 14 15
City Council Policy &
Services
16 17 18 19 20 21 22
City Council Finance City/Schools
23 24 25 26 27 28 29
City Council
(additional if
needed)
30 31 1 2 3 4 5
City Council
(additional if
needed)
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Administrative Offices/Facilities Closed
Mar 2025

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
APRIL 2025
May 2025

S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 30 31 1 2 3 4 5
Finance
6 7 8 9 10 11 12
City Council Policy &
Services
13 14 15 16 17 18 19
City Council Finance City/Schools
20 21 22 23 24 25 26
City Council
27 28 29 30 1 2 3
City Council
(additional if
needed)
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Apr 2025

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
MAY 2025
Jun 2025

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30

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Finance
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NOT YET APPROVED
20231115 th 0140223
Resolution No. ________
Resolution of the Council of the City of Palo Alto Establishing the Council Calendar of Meetings, Summer and Winter Breaks, and Schedule of Events for Calendar Year 2025

R E C I T A L S
A.Pursuant to Section 2.04.010 of the Municipal Code, the City Council must schedule its annual summer and winter breaks for each calendar year no later than the third meeting in February.

B.The Council also wishes to establish a calendar of meetings and schedule of events for 2025.

NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:

SECTION 1. The City Council’s summer break for calendar year 2025 is scheduled for Friday, June 20, 2025 through Sunday, August 3, 2025 and its winter break is scheduled for Friday, December 19, 2025 through Sunday, January 4, 2026.

SECTION 2. The City Council adopts a regular calendar of meetings of the Council, the Finance Committee, the Policy & Services Committee, and the City School Liaison Committee (including holidays and days of significance) and a schedule of Council events, which is incorporated into the resolution by reference. Council and committee meetings dates are subject to change as directed by the Mayor or committee chair in consultation with the City Manager or designee.
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Resolution Establishing
the Council Calendar of
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Winter Recesses, and
Schedule of Events for
Calendar Year 2025

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NOT YET APPROVED
20231115 th 0140223
SECTION 3. The Council finds that the adoption of this resolution not a project under the California Environmental Quality Act (CEQA) Guidelines 15378(b)(5) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and thus, an environmental assessment under CEQA is not required.

INTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST: APPROVED:
___________________________________ ____________________________________ City Clerk Mayor
APPROVED AS TO FORM:
______________________________ ____________________________________ City Attorney City Manager
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Resolution Establishing
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Winter Recesses, and
Schedule of Events for
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Holidays & Dates of Signiﬁcance
1 Holidays and Dates of Signiﬁcance – Chronological Order

The curation of this list is an iterative process. It is not exhaustive and will evolve over time based on input from the City Council, Human Relations Commission, and community members.

New Year ’s Day
Martin Luther King, Jr. Day
Holocaust Remembrance Day
Lunar New Year
Black History Month
President’s Day
Ramadan
Women’s History Month
American Red Cross Month
International Women’s Day
Eid al-Fitr
International Transgender Day of Visibility
Cesar Chavez Day
Autism Awareness Month
Palo Alto Day
Dolores Huerta Day
National Day of Silence (LGBTQI+)
Passover
Easter
Earth Day
Armenian Genocide Remembrance Day
Arbor Day
AAPI Heritage Month
Older Americans Month
Aﬀordable Housing Month
Mental Health Awareness Month
Cinco de Mayo
Shavout
Memorial Day
Pride Month
Immigrant Heritage Month
Juneteenth
Eid al-Adha
Juneteenth
Independence Day
Labor Day
Emergency Preparedness Month
Hispanic Heritage Month
Rosh Hashanah
Yom Kippur
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Holidays & Dates of Signiﬁcance
2 Indigenous Peoples' Day
Diwali
National Native American Heritage Month
Veterans Day
Transgender Day of Remembrance
Thanksgiving
Day after Thanksgiving
Hanukkah
Las Posadas
Christmas
Kwanzaa

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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: City Manager
Meeting Date: October 28, 2024
Report #:2410-3615
TITLE
2024 Council Priorities and Objectives Q3 Report

RECOMMENDATION
This is an informational report that provides progress updates on the 2024 Council Priorities and Objectives approved by the City Council on March 25, 2024. No action is needed.

BACKGROUND
On January 29, 2024, the Council held its annual retreat to approve the 2024 Council Priorities.1 The Priority Setting Guidelines define a priority as a topic that will receive unusual and significant attention during the year. At the conclusion of the retreat, the City Council approved the following priorities:
•Economic Development and Transition
•Climate Change and the Natural Environment: Protection and Adaptation •Housing for Social and Economic Balance
•Community Health, Safety, Wellness and Belonging
Over a series of meetings the Council reviewed the proposed Objectives and on March 25, 2024, Council approved all of the 78 Objectives meant to reflect potential Council actions, be measurable and time-bound to make real progress in advancing Council Priorities.2 These are summarized in Attachment A of the report.

ANALYSIS
1 City Council Retreat January 29, 2024
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13339 2 City Council Meeting March 25, 2024
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=15043 Item 12
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Progress on Council Priorities is measured by the accomplishments of its subset objectives and reported on a calendar quarterly basis. Calendar Q3 spans the months July through September 2024. A summary table of all 78 objectives is listed in Attachment A, including an estimated completion date, which is also measured in calendar quarters. A narrative on each objective update is found in Attachment B, it includes:

Project Description- Describes overall project goals and outcomes which may span beyond the calendar year.
2024 Milestone- Describes activities and outcomes planned for the calendar year as some projects are multi-year in length and are broken up into phases.

Project Status-
•Completed - Project as described in the 2024 milestone is overall complete, though some minor/non-substantive follow-up may still be needed. •On-Track- Project is expected to be completed as specified. Any changes in project scope or timing due to Council direction or action will remain labeled On Track with the new estimated timeframe.
•Behind Schedule/Not Started - The project estimated completion date may be delayed due to operational issues, capacity constraints (such as vacancies in staffing), or project has not started by the estimated completion date.
•On Hold/Dropped - Project is not actively in progress or will no longer move forward in the current year. Reasons may include the issue is no longer relevant, operational constraints, or is stalled/dropped due to council direction.

Estimated Completion - The calendar quarter in which the objective is expected to be completed.

Department Lead - Identifies the lead department and project manager responsible for coordinating progress.

Quarterly Update - a brief progress update on the project describes work reflected in the respective calenda quarter. Any delays or project issues will be reflected in this section.

Of the 78 Council objectives supporting Council priorities, in the second quarter, a total of 24 have been completed (31%), 36 are on track (46%), 17 are behind schedule (22%), and 1 (1%) is on hold/dropped. Objectives with a revised estimated completion date are notated with an asterisk (*) in the revised estimated completion quarter and explanation in the Quarterly Update section of the objective summary in Attachment B.

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City Council Priority Area Completed
On
Track
Behind
Schedule
On
Hold/
Dropped Total
Economic Development & Transition
(ED&T) 1 6 5 0 12
Climate Change and the Natural
Environment: Protection and
Adaptation (CC&NE)
6 11 6 0 23
Housing for Social and Economic
Balance (HSEB) 6 12 3 1 22
Community Health, Safety, Wellness
and Belonging (CHSW&B) 11 7 3 0 21
TOTAL 24 36 17 1 78

FISCAL/RESOURCE IMPACT
Resource impacts for the objectives’ 2024 milestones have been identified and resourced through the FY 2024 and FY 2025 budget processes; however, any changes to scope may result in additional resources needed. Staff will assess any scope changes and bring forward recommendations for additional resources if needed as part of the FY 2025 Mid-Year Budget Review.

STAKEHOLDER ENGAGEMENT
In March 2024, Council was presented with community engagement strategies based on the approved 2024 Priorities and Objectives.3 There are various levels of community engagement and communication strategies to support each project, including internal coordination among City departments.

ENVIRONMENTAL REVIEW
The Council informational report on this item is not a project as defined by CEQA because the Council review of 2024 Priority Objectives is continuing administrative or maintenance activity.

CEQA Guidelines section 15378 (b)(2).

ATTACHMENTS
Attachment A: 2024 Council Priorities and Objectives Summary Table Attachment B: 2024 Council Priorities and Objectives Q3 Update APPROVED BY: Ed Shikada, City Manager
3 Community Engagement Strategies:
https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=97ef19a0-2521-4f09-aa0b-a804f7dad50c Item 12
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#O b j e c t i v e Q1 Q2 Q3 Q4
1 Facilitate the establishment of sustainable business organization in the Cal Ave, DT, and Midtown districts x 2 Engage Cal Ave merchants on high priority, rapid implementation projects, i.e. barrier replacement, street cleaning, maintenance, access, signage and outdoor dining guidelines x* 3 Develop permanent Cal Ave car‐free steetscape design through engagement with Cal Ave merchants and com munity stakeholders (h) x * 4I n i t i a t e preliminary analysis and stakeholder engagement on a car‐free streetscape design for Ramona Street x 5 Approve prefrerred alternative for the University Ave Streetscape Plan in preparation for environmental review and funding options (i) x * 6 Develop pre‐approved parklet designs with stakeholder outreach, for Council approval x 7 Implement ongoing parklet program in compliance with adopted parklet standards, leveraging pre‐approved des igns (e) x 8A d v a n c e Downtown Parking garage in conjunction with advancement of affordable housing in the Downtown x 9A d v a n c e complete build out of fiber pilot phase 1 with grid modernization x 10 Establish regular engagement with retail brokers in the area to create stronger connections and understand how the Ci ty may be able to help promote available spaces x 11 Research and evaluate options for implementing a public‐private small and local business and incubation and vacant storefront program connecting landlords experiencing vacancy with small and local‐businesses that may be seeking brick and mortar spaces x* 12 Conduct business stakeholder outreach and present to Council recommendations for a citywide retail zoning strategy and receive direction for zoning ordinance implementation (k) x* 13 Deploy 65,000 residential Advanced Metering Infrastructure (AMI) meters by end of 2024 (l) * 14 Conduct community engagement and data collection and analysis to develop a Safe Streets for All ( SS4A) Safety Action Plan for Council approval in 2024 x 15 Continue community engagement efforts to inform the update and receive Council feedback on the 2025 Bicycle and Pedestrian Transportation Plan (BPTP) characteristics in preparation for next steps including environmental review and adoption in 2025 (m) x 16 Complete initial pilot area of electric grid m odernization (p) x 17 Initiate development of a model to transition gas utility including community outreach and policy discussions x 18 Continue to improve the Advanced Heat Pump Water Heater Pilot Program in preparation for a full‐scale program (q) x 19 Adopt a residential whole home electrification pilot program (r) x 20 Refine existing HVAC pilot program to encourage participation as a next step toward a 2025 Council approved commercial rooftop HVAC electrification advanced pilot program(s) x 21 Develop and approve an Electric Vehicle Strategic Plan (t) x 22 Develop an EV Replacement Program for the City Fleet x 23 Develop and initiate implementation of a Reliability and Resiliency Strategic Plan (u) x 24 Develop draft S/CAP funding study with Co uncil input (v) x 25 Evaluate and report out Palo Alto Link pilot performance and consider continuation and/or expansion of future services x * 26 Begin community engagement to consider parking policy updates that enhance customer satisfaction, improve program sustainability, and aligns with S/CAP mobility goals x * 27 Amend local building regulations to establish a "on e Margin" energy efficiency standard, to allow installation of natural gas plumbing while imposing more stringent energy efficiency and all‐electric readiness requirements to all new buildings x 28 Initiate the 2026 California Building Standards Code update, including the California Green Building Standards Code x 29 Complete community engagement for the Airport’s Long‐Range F acilities & Sustainability Plan in accordance with Federal requirements and hold a study session with Council on the draft plan x
30 Council selection of a locally preferred alternatives for City Rail/Grade Separation project at Churchill Avenue, Meadow Drive, and Charleston Rd x 31 Advocate for the San Francisquito Creek Flood Protection capital project (Reach 2) through Co uncil’s JPA representation and any Council approvals involved (w) x 32 Complete design and right‐of‐way acquisition, obtain regulatory permits, finalize project funding needs including potential Council advocacy with State legislators, and approve construction contract for the Newell Road Bridge Replacement project (x) x* 33 Coordinate with Federal and regional partners on a path forward exploring the developm ent of a Sea Level Rise Adaptation Plan (5) x 34 Approve stream/creek corridor setback ordinance (4) x* 35 Approve a bird safe glass and wildlife light pollution protections ordinance (6) x * 36 Approve project funding and a consultant contract to develop and identify housing opportunity sites through the Downtown Housing Pl an, including community outreach (dd) x 37 Submit a compliant Housing Element to the state department of Housing and Community Development (ee) x 38 Approve final North Ventura Coordinated Area Plan (NVCAP) (ff) x* 39 Receive Cal Poly San Luis Obispo student‐led concept plan for San Antonio Corridor x 40 Approve consultant contract to initiate a Specific Plan for Sa n Antonio Road Corridor including project goals and outcomes (8) x 41 Initiate a review and make recommendations for a possible extension of the Housing Focus area to other geographic locations along El Camino Real x 42 Evaluate sources and methods for raising significant funding to support affordable housing x 43 Conduct a policy review with criteria for Notice of Funding A vailability (NOFA) x* 44 Approve a consultant contract to assess housing development impact fees for the conversion from a per unit to per square foot basis x 45 Refine implementation of City’s SB9 objective development and urban lot split standards (HSEB 14) (ll) x 46 Adopt an ordinance that implements Housing Element Pr ogram 3.4 related to the housing incentive program x 47 Amend the municipal fee schedule and prepare economic feasibility analysis that implements Housing Element Program 3.1 related to fee waivers and adjustments x 48 Initiate a study implementing Housing Element Program 6.5 related to alternative housing types x 49 Adopt an ordinance implementing various Housing Element Programs x 5 0 Initiate analysis to amend the zoning code to implement Housing Element Program 3.9 related to commercial floor area x 51 Partner with Santa Clara County Housing Authority to achieve 2024 milestones on construction timeline for Palo Alto Homekey project to provide transitional housing and services for unhoused residents (pp) x
52 Conduct a gap analysis of housing and services for the unhoused in Pal o Alto, considering Council direction, City activities and work, and County activities and work x 53 Initiate research to understand Palo Alto unhoused population and explore feasibility of expanding safe parking options on Geng Road x 54 Council discussion of possible ordinance related to fair chance renter policy x* 55 Council discussion of possible anti‐rent gouging policy x * 56 Finalize development plan to maintain affordability and improve conditions at Buena Vista Mobile Park x * 57 Approve a service contract to initiate Renter Registry implementation (cc) x 58 Complete reopening of libraries to budgeted level (rr) x 59 Approval of multi‐year agreement for provisions of animal shelter services (ss) x 60 Develop a workplan to enhance community special events with focus on inclusion (tt) x 61 Reach a tentative agreement with PAUSD on long term use of the Cubberley property (uu) x* 62 Evaluate Recreation Wellness Center Feasibility (vv) x* 63 Evaluate HSRAP funding allocation as a percent (%) of the General Fund (11) x 6 4 Facilitate a location for La Comida in North Palo Alto (12) x 65 Increase support and funding for youth mental health (13) x 66 Complete Trusted Response Urgent Support Team (TRUST) Augmentation pilot and evaluate the effort x 67 Support visible police presence by ensuring stable staffing (recruiting and retention) through hiring ahead program (ww) x 68 Initiate upgrade of Po lice Department field based video hardware x 69 Approve vendor selection for 911 dispatch system (CAD provider) (yy) x * 70 Approve updated Local Hazard Mitigation Plan (aaa) x 71 Update Foothills Fire Management Plan and Community Wildfire Protection Plan (bbb) x 72 Complete construction of the new Public Safety Building including department move‐in (ccc) x* 73 Council award of a construction contract for Fir e Station No. 4 Replacement (ddd) x 74 Enhance Caltrain Safety and security x
75 Approve consulting contract to initiate work, including stakeholder engagement, related to the Seismic and Resiliency Ordinance (eee) x 76 Initiate work to conduct a Quiet Zone study at Churchill Ave, Meadow Drive, and Charleston Rd and begin initial analysis and regional stakeholder outreach x 77 Implement strategies for promoting unleaded fuel and phasing out leaded fuel (ggg) x 78 Continue engagement with San Francisco Airport on SFO's Ground Based Augmentation System (GBAS) project and other potential opportunities to decrease SFO noise impacts on Palo Alto (iii) x
Total 78 Objectives
*O b j e c t i v e s with a revised estima ted completion date are notated with an asterisk (*) in the revised estimated completion quarter HOUSING FOR SOCIAL & ECONOMIC BALANCE (HS&EB)
2024 City Council Priorities and Objectives: Q3 Update
Estimated Completion
Economic Development & Transition (ED&T)
Focus on Commercial Corridors, Downtown and California Ave Support Economic Development and Business Transition
CLIMATE CHANGE & THE NATURAL ENVIRONMENT: PROTECTION & ADAPTATION (CC&NE) Climate Change Protection
Climate Change Adaptation: Flood Protection
Natural Environment
Invest in Reliable Safety Infrastructure and Systems
Reduction of Noise and Air Quality Pollution
Advance Housing Pl ans
Implement Housing Production Policies
Support Unhoused Service Initiatives
Advance Renter Protection Policies
COMMUNITY HEALTH, SAFETY, WELLNESS & BELONGING (CHSW&B) Mental & Physical Health and Belonging

ATTACHMENT A
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Attachment A - 2024
Council Priorities and
Objectives Summary
Table

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ATTACHMENT B
2024 City Council Priorities & Objectives
Calendar Q3 Update
Overall Progress

Economic Development & Transition

ED&T 1. Facilitate the establishment of sustainable business organization in the Cal Ave, DT, and Midtown districts
Project Manager: Steve Guagliardo Lead Dept: CMO
Estimated Completion: Q4 Status: On Track
Project Description:

Work to meet monthly with local businesses on a ‘by district’ basis to increase communication, collaboration, and foster business organizing in each district. 2024 Project Milestones:

Actively work with stakeholders in the California Ave, University Avenue Downtown, and Midtown districts to convene on a regular basis and enhance communications between the City and business stakeholders.

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Council Priorities and
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ATTACHMENT B
Quarterly Update:

California Avenue has been meeting monthly since December 2023. Staff convened University Ave Downtown stakeholders in May and will continue to do so monthly. Midtown met monthly beginning in the fall of 2023 but have asked for a brief pause so they can explore options to better organize themselves. Staff will continue to partner with businesses in these districts to promote shared stewardship of the City’s commercial districts.

ED&T 2. Engage Cal Ave merchants on high priority, rapid implementation projects, i.e. barrier replacement, street cleaning, maintenance, access, signage and outdoor dining guidelines Project Manager: Bruce Fukuji Lead Dept: CMO
Estimated Completion Q2* Status: Behind Schedule
Project Description: Work with California Avenue stakeholders on immediate improvements to the street in parallel to the long‐term car‐free streetscape design. 2024 Project Milestones:

Project goals include Barrier Cover Replacement, enhanced street cleaning and maintenance, and signage off El Camino Real directing folks to California Avenue parking garages, and outdoor dining guidelines.

Quarterly Update:

Over the past few months, several short‐term improvements have been made. The barrier cover replacement has been completed, street cleaning and maintenance efforts have increased, and traffic signage directing drivers to parking garages has been installed along El Camino Real. Bids have been received for paving, bollard, planter, and planting projects. Design drawings for the paving, bollard, and planter installations are being updated. Coordination with Caltrans is underway for stamped crosswalks and bike lane markings at the El Camino Real intersection, while staff and Fehr & Peers are completing the encroachment permit application to Caltrans. In July, meetings were held with merchants to discuss their preferences for outdoor dining guidelines, and Urban Field Studio has been tasked with preparing these guidelines.

*Revised estimated completion date is now Q4.

ED&T 3. Develop permanent Cal Ave car‐free streetscape design through engagement with Cal Ave merchants and community stakeholders (h)
Project Manager: Bruce Fukuji Lead Dept: CMO
Estimated Completion Q3* Status: Behind Schedule
Project Description:

Develop a feasible, achievable community and business supported street design concept to modify and permanently designate California Avenue as a car‐free, bicycle friendly, outdoor dining, shopping and public space environment, including guidelines for outdoor dining, signage and wayfinding. 2024 Project Milestones:

Develop near and long‐term signage and wayfinding concepts; conduct merchant, resident, and stakeholder engagement; analyze existing mobility and circulation; develop preliminary and alternative streetscape design concepts and probable cost estimates; select and refine a preferred design; evaluate legislative options; assess CEQA needs; and develop implementation plan.

Quarterly Update:

Staff and Urban Field Studio met with merchants to discuss their preferences for outdoor dining.

Additionally, staff addressed pedestrian and bicycle configurations as well as farmers’ market stall layouts with Palo Alto Neighborhoods, the Pedestrian and Bicycle Advisory Committee (PABAC), and Item 12
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Council Priorities and
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ATTACHMENT B
the Farmers' Market. Urban Field Studio is completing the signage and wayfinding plan and will prepare draft guidelines for outdoor patios. An online survey, which received 930 responses, gathered community preferences for signage and street design elements. Staff are now developing two street design alternatives incorporating feedback from the survey.

*Based on current progress, this objective will likely complete in Q4.

ED&T 4. Initiate preliminary analysis and stakeholder engagement on a car‐free streetscape design for Ramona Street
Project Manager: Ashwini Kantak Lead Dept: CMO
Estimated Completion: Q4 Status: On Track
Project Description:

Conduct environmental analysis and bring forward permanent closure of street for Council action.

Engage stakeholders and develop outdoor dining standards, wayfinding signage, and street enhancements that reflect the historic designation of this portion of Ramona Street. 2024 Project Milestones:

Engage a consultant for CEQA and a consultant for the design and outdoor dining standards. Conduct stakeholder engagement, perform environmental analysis to support permanent closure of a portion of the street to vehicular traffic, and begin development of outdoor dining standards.

Quarterly Update:

Selected design consultant in late August and will be bringing contract approval forward for Council consideration this year. CEQA analysis, stakeholder engagement, and development of outdoor dining standards for Ramona will take place later in 2024.

ED&T 5. Approve preferred alternative for the University Ave Streetscape Plan in preparation for environmental review and funding options (i)
Project Manager: Holly Boyd Lead Dept: PW
Estimated Completion: Q3* Status: Behind Schedule
Project Description:

Develop and implement a streetscape plan for University Avenue that is approved by Council and supported by property owners.
2024 Project Milestones:

Following approval of consultant contract amendment, approve concept plan and next steps to secure capital funding.

Quarterly Update:

On June 3, 2024, Council provided direction on the vision, goals, design concepts and stakeholder engagement strategy. Through summer 2024, staff is continuing to progress this work including convening stakeholders to provide input on the streetscape project. The first stakeholder working group meeting was held on September 10, staff will continue to engage this group and the community at large. Updates on the project will continue to be provided through the Retail Committee and staff anticipates that a preferred concept plan along with alternatives and cost estimates will be presented to Council in December.

* Revised estimated completion is
now Q4.

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ED&T 6. Develop pre‐approved parklet designs with stakeholder outreach, for Council approval Project Manager: Ashwini Kantak Lead Dept: CMO
Estimated Completion: Q2 Status: Completed
Project Description:

To support business operations during the pandemic, outdoor dining and retail were allowed to extend outdoors. A temporary parklet program within City rights‐of‐way was adopted by Council to facilitate economic recovery efforts and provide guidance on structure regulations. The next phase of the program formalizes the parklet program and creates an ongoing parklet ordinance. 2024 Project Milestones:

Develop a parklet prototype, conduct business engagement for Council adoption.

Quarterly Update:

Pre‐approved parklet designs were approved by the Architecture Review Board in May 2024. On June 10, the City Council approved revisions to the ongoing parklet program regulations and the parklet designs and draft user guide. Pre‐approved parklet design shop drawings and associated user guide were made available for use in mid‐August.

ED&T 7. Implement ongoing parklet program in compliance with adopted parklet standards, leveraging pre‐approved designs (e)
Project Manager: Ashwini Kantak Lead Dept: CMO
Estimated Completion: Q4 Status: On Track
Project Description:

Develop pre‐approved designs and user guide, conduct business engagement, and prepare an ordinance for Council adoption.

Quarterly Update:

Updated standards for the ongoing parklet program were adopted by Council on June 10, 2024.

Through the summer the City worked with parklet operators to implement the ongoing parklets program. Implementation and phased enforcement of the ongoing parklets program were carefully coordinated to minimize disruption of outdoor dining in existing parklets through the summer months and to allow re‐built or new parklets to leverage the pre‐approved designs.

ED&T 8. Advance Downtown Parking garage in conjunction with advancement of affordable housing in the Downtown
Project Manager: Julia Knight Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Resume work on a new parking structure in the Downtown core on a City surface parking lot to help attract visitors downtown. Pursue refined proposals for potential affordable housing development on the Lytton / Kipling Lot T at 450 Lytton Avenue, or elsewhere, with parking for residents and the public. 2024 Project Milestones:

Staff anticipates continuing through creation of a Request for Refined Proposals to identify a development partner for this work.

Quarterly Update:

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A request for refined proposals was sent in late September to the two firms that responded to the initial request for information; responses are required by the end of October. It is anticipated staff will bring the responses to Council for their consideration and potential development partner selection in December.

ED&T 9. Complete build out of fiber pilot phase 1 with grid modernization Project Manager: Alex Harris Lead Dept: UTL
Estimated Completion: Q4* Status: On Track
Project Description:

The City is advancing a pilot phase 1 of fiber with grid modernization to bring reliable and faster broadband, high‐speed internet services directly to companies and homes, supporting business and remote workers. The City recently completed the pilot design for the Palo Alto Fiber project and aligned with the electric grid modernization to capitalize on economies of scale and reduce neighborhood disruptions.
2024 Project Milestones:

Complete buildout of fiber and grid modernization pilot. Issue RFP for Operating Support Systems/Business Support Systems (OSS/BSS) and invitation for construction bids for phase 1 implementation.

Quarterly Update:

The start of fiber construction in the pilot areas depends on two key milestones: the installation of the fiber hut at the Colorado power station and the completion of pole replacement and preparation work. Staff is finalizing the fiber hut design and collaborating with vendors to prepare the internal building and fire permits for review. The fiber hut is expected to be installed by the end of Q1 2025.

Electric pole work, including pole replacements and hanging messenger wires, is currently underway and on track for completion by Q1 2025. Fiber cables can be strung once this work is finished. The RFP for the OSS/BSS software is also in progress. Existing fiber construction and IT networking equipment contracts will be utilized to build out the pilot area, while new RFPs for the remaining areas in Phase 1 will be issued next year.

*Based on estimated progress, the objective may
be completed by Q1 2025.

ED&T 10. Establish regular engagement with retail brokers in the area to create stronger connections and understand how the City may be able to help promote available spaces Project Manager: Steve Guagliardo Lead Dept: CMO
Estimated Completion: Q4 Status: On Track
Project Description:

Strengthen relationships with commercial brokers, address perceived deficiencies identified by brokers in City processes, and work with brokers to reduce vacancies and increase economic vitality. 2024 Project Milestones:

Create a directory of commercial brokers operating in Palo Alto and develop a calendar of regular outreach to brokers. Address information gaps that brokers identify through conversations.

Quarterly Update:

Staff has met with brokers numerous times on an ad hoc, issue‐by‐issue basis and raised the idea of a more formal meeting with different brokerages. This has been met with interest and staff will develop options to convene brokers with City staff to further strengthen relationships. This could include a ‘broker breakfast’ or similar event.

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Staff also conducted semi‐structured interviews with several brokers. These interviews gave brokers a forum to discuss how the City could better support their efforts. These discussions have already produced positive outcomes, including increased broker engagement at our Retail Committee meetings.

ED&T 11. Research and evaluate options for implementing a public‐private small and local business and incubation and vacant storefront program connecting landlords experiencing vacancy with small and local‐businesses that may be seeking brick and mortar spaces Project Manager: Steve Guagliardo Lead Dept: CMO
Estimated Completion: Q3* Status: Behind Schedule
Project Description:

Explore options for activating vacant spaces, either through short‐term activations of vacant storefronts or coordinating longer‐term public/private partnerships 2024 Project Milestones:

In 2024, staff will be researching other cities’ programs, including Santa Cruz Downtown POPS! as well as San Francisco’s “Vacant to Vibrant” program.

Quarterly Update:

Staff has begun preliminary research and is working to schedule interviews with Economic Development counterparts in Santa Cruz and San Francisco to discuss each city’s respective program.

Staff anticipates discussing this topic with the Retail Committee in Q4 of 2024.

*Revised estimated completion date is Q4

ED&T 12. Conduct stakeholder outreach and present recommendations to Council for a citywide retail zoning strategy and receive direction for zoning ordinance implementation.

Project Manager: Jonathan Lait Lead Dept: PDS
Estimated Completion: Q2* Status: Behind Schedule
Project Description:

Prepare a report identifying recommendations for Council consideration and direction to support a thriving retail environment through zoning code changes related to retail land use definitions, permitted or conditionally permitted uses, the retail preservation ordinance and related recommendations from the Streetsense Economic Development Strategy Report.

Following acceptance of
a consultant‐prepared findings and strategy report, prepare an ordinance amending the City’s zoning code as directed by Council. 2024 Project Milestones:

Continue consultant and staff work that involves evaluating the City’s current land use zoning regulations in commercial areas, conduct outreach to learn more about local business experiences and best practices regionally, prepare associated analysis, and review and incorporate Streetsense Economic Development Strategy Report recommendations. Present findings and obtain a recommendation from the Planning and Transportation Commission (PTC). Present findings and strategy report to City Council and receive implementation direction. (Phase I: Q2) Quarterly Update:

The Planning and Transportation reviewed the consultant recommendations on May 8, 2024 and August 14, 2024. The PTC identified near‐, mid‐ and long‐term retail zoning recommendations. The Council’s Retail Committee reviewed the recommendation on September 18, 2024. Staff anticipates Item 12
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bringing the Ad Hoc’s immediate and near‐term recommendations to the full Council for adoption by the end of the year.

*Revised estimated completion date is now Q4.

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Climate Change & Natural Environment: Protection & Adaptation

CC&NE 13. Deploy 65,000 residential Advanced Metering Infrastructure (AMI) meters by end of 2024 (l)
Project Manager: Dave Yuan Lead Dept: UTL
Estimated Completion: Q4* Status: Behind Schedule
Project Description:

The City of Palo Alto Utilities (CPAU) is upgrading the City’s utility metering system with electronic meters to utilize grid technology called Advanced Metering Infrastructure (AMI). AMI is becoming a standard in the utilities industry, enabling interval utility usage data and time‐of‐use rates for homes and businesses to the benefit of electric, natural gas, and water utility customers. CPAU will replace old legacy electric meters with new advanced electric meters and retrofit existing water and gas meters with AMI radios, starting with residential meters. 2024 Project Milestones:

Staff is working to deploy all 65,000 residential AMI meters by end of 2024, but this work may extend into the first half of 2025.

Quarterly Update:

As of September 17, 2024, 42,000 of 65,000 residential meters (65%) had been installed. The AMI project is delayed due to supply chain shortage of electric residential meters. Of the 30,000 electric meter replacements, approximately 19,000 or 66% are on back order. The City is expecting delivery of these electric meters by end of October 2024. The revised completion date for residential AMI meters is March 2025 assuming meters are available.

*Based on current progress, this objective is estimated to be completed in Q1 2025

CC&NE 14. Conduct community engagement and data collection and analysis to develop a Safe Streets for All (SS4A) Safety Action Plan for Council approval in 2024 Project Manager: Sylvia Star‐Lack Lead Dept: OOT
Estimated Completion: Q4 Status: On Track
Project Description:

Pursuing the City's Comprehensive Plan goal for roadway safety, the Safe Streets for All (SS4A) Safety Action Plan, will target eliminating traffic deaths and life‐changing injuries on local streets.

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Safety Action Plan development is critical to reaching Sustainability and Climate Action Plan (S/CAP) goals because improving safety for vulnerable road users is key to reducing vehicle miles traveled (VMT) and increasing green travel.
2024 Project Milestones:

Conduct community engagement and data collection/analysis to develop SS4A Safety Action Plan with a goal of reducing severe traffic injuries to zero and align City practices, projects, and policies with the Safe System Approach.

Quarterly Update:

On April 29, 2024, the Council received an informational report on collision data analysis as part of the ongoing development of the City’s Safe Streets for All (SS4A) Safety Action Plan. Staff began community engagement efforts at the Earth Day Festival on April 21, and the project team tabled at the May Fete Fair on May 4. These events provided an opportunity to engage with community members before preparing the Draft Safety Action Plan. The community feedback gathered will help prioritize projects and integrate the Safe System Approach into the City’s existing policies and guidelines. A draft Safety Action Plan is currently being reviewed by staff and will be presented for public review in late 2024 in anticipation of final plan adoption in early 2025.

CC&NE 15. Continue community engagement efforts to inform the update and receive Council feedback on the 2025 Bicycle and Pedestrian Transportation Plan (BPTP) characteristics in preparation for next steps including environmental review and adoption in 2025 (m) Project Manager: Ozzy Arce Lead Dept: OOT
Estimated Completion: Q4* Status: On Track
Project Description:

Update the existing 2012 Bicycle and Pedestrian Transportation Plan (BPTP) to evaluate progress, reflect current community needs and desires, adjust recommendations for new policies, facilities, and programs, and to address changes in bicycling and pedestrian planning and design. The City Council’s adoption of the BPTP Update is anticipated for Fall 2025. 2024 Project Milestones:

Starting in summer 2024 and through Fall 2024 the project team will develop criteria that will lead to identifying and prioritizing project, program, and policy recommendations and community engagement in Fall 2024 to refine the recommendations. Staff will then bring draft recommendations for Council consideration and review by the end of 2024.

Quarterly Update:

Phase 3 of 5 of the project, titled "Recommended Bicycle Network, Projects, and Programs," is currently underway. The project team is developing a community engagement strategy for this phase, which will include multiple public meetings and extensive outreach. This will involve meetings with the City’s Pedestrian and Bicycle Advisory Committee (PABAC), local parents, the Planning and Transportation Commission (PTC), the Parks & Recreation Commission (PRC), the Rail Committee, and two neighborhood meetings, starting in Fall 2024 and continuing into early 2025. A City Council meeting is also anticipated for early 2025. The team will seek feedback to refine draft recommendations for the Draft Plan Update, including the proposed bicycle network, recommended programs and policies, project selection criteria, and updates to the project's Vision, Objectives, and Performance Measures.

*Based on progress, this objective may be completed by Q1 2025

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CC&NE 16. Complete initial pilot area of electric grid modernization (p) Project Manager: Tomm Marshall Lead Dept: UTL
Estimated Completion: Q4 Status: On Track
Project Description:

The City’s planned project includes the modernization of the systematic grid and incorporates the goals and key actions from the Grid Modernization Study to prepare for widespread electrification in support of the S/CAP goal of an 80 percent carbon reduction by 2030. This project is coordinated with the Fiber to the Home pilot. Staff has identified an initial pilot area bounded by Louis, Amarillo, 101, and Embarcadero that includes about 1200 homes. Upon completion, there is a larger “Phase 1” area of about 6,200 homes.
2024 Project Milestones:

By the end of 2024 staff intends to complete upgrades to the initial pilot area.

Quarterly Update:

As of September 2024, the engineering design work has been completed and is awaiting action from Operations, pending the arrival of secondary wire from the manufacturer. Staff is actively working with pole, transformer, and overhead cable suppliers to secure the necessary components to complete Phase 1 of the grid modernization project. Five additional poles have been added to the replacement list, bringing the total to 74 poles in the Pilot Area.

To date, 61 out of 74 poles (82%) have been replaced, and a significant portion of the tree trimming work has been completed. Additionally, 675 out of 1,290 residences (52%) in the Pilot Area now have sufficient electrical capacity for electrification. The Pilot Area remains on track for completion by Q4.

CC&NE 17. Initiate development of a model to transition gas utility including community outreach and policy discussions
Project Manager: Matt Zucca Lead Dept: UTL
Estimated Completion: Q4 Status: Completed
Project Description:

A study is planned to assess the infrastructure needs and financial implications of managing the gas utility as gas sales decline. The first phase involves using consultant resources to develop a gas system model that simulates changing flows as electrification advances. This model will help identify which sections of the gas system can be decommissioned first.

The current system is a grid network of pipes, with larger pipes delivering gas to remote or high‐usage areas. The model will evaluate the impact of removing large portions of the gas system, such as residential areas that have transitioned to electrification, and assess the remaining network's ability to meet demand during the transition.

The gas model will determine the minimum future gas grid needed to support reduced demand and estimate the capital and operational costs of system retirement. These costs will be used to model the rate impacts of declining gas sales and to develop policy options to mitigate the impact on customers who have not yet electrified.
2024 Project Milestones:

Approve consultant contract to develop the gas model.

Quarterly Update:

Staff have selected a consultant to perform the modeling of the gas system and has finalized the professional services agreement. Work has started and is a balanced gas system model is anticipated around January 2025.

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CC&NE 18. Continue to improve the Advanced Heat Pump Water Heater Pilot Program for a full‐ scale program (q)
Project Manager: Jonathan Abendschein Lead Dept: UTL
Estimated Completion: Q4 Status: On Track
Project Description:

Launch the Advanced Heat Pump Water Heater Pilot Program approved by Council and achieve a significant increase in the installation rate year over year, converting to a full‐scale program if warranted.
2024 Project Milestones:

In 2024 staff will continue to improve the Advanced Heat Pump Water Heater Pilot program operations and marketing with the goal of significantly increasing the installation rate by the end of 2024 if supported by demand.

Quarterly Update:

Staff was tasked with increasing participation in the Advanced Heat Pump Water Heater (HPWH) Pilot Program, which includes both a full‐service component, where the City completes the installation, and a rebate component, where customers find their own contractors. In Q1‐Q3 staff worked to improve the programs and increase signups:
 Innovative outreach: targeted online and social advertisements, community canvassing, in‐ person events, and mailers in addition to traditional outreach.  A customer feedback outreach effort to improve customer satisfaction was completed in early 2024 and several program improvements were implemented.  Kept pricing low after State incentive expired using Council‐approved budget (April 2024)  Expanded outreach to income‐qualified residents.
 Launched emergency replacement program (Sep 2024)
 Establishing electrification expert program to aid with complex installations

In Q4 staff expects to try additional novel outreach approaches and will assess participation in the emergency program. The installation rate is currently averaging five installations per week (about 250 per year), about 150‐200 per year through the full‐service program and 50‐100 through the rebate program. This is about 20% of the estimated annual turnover of HPWH in Palo Alto and 5‐10 times the rate of installation at other top HPWH programs in the State, adjusted for population.

CC&NE 19. Adopt a residential whole home electrification pilot program (r) Project Manager: Jonathan Abendschein Lead Dept: UTL
Estimated Completion: Q4 Status: On Track
Project Description:

To achieve the S/CAP goals staff will expand the City’s residential program services to include electrification of space heating, cooking, and other appliances in addition to water heaters. 2024 Project Milestones:

Seek Council approval for a whole home electrification pilot program.

Quarterly Update:

Staff is working with the Climate Protection Ad Hoc Committee and Working Group to design a comprehensive full‐service whole home electrification program by the end of 2024. The Whole Home Electrification program will roll out in two phases. The first phase is expected to launch by the end of 2024, and will include rebates, GoGreen financing, and technical assistance to homeowners. This will be followed by the launch of a full‐service program option in mid‐2025 to help homeowners who prefer to use a trusted contractor that has been pre‐screened by the City.

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CC&NE 20. Refine existing HVAC pilot program to encourage participation as a next step toward a 2025 Council approved commercial rooftop HVAC electrification advanced pilot program(s) Project Manager: Jonathan Abendschein Lead Dept: UTL
Estimated Completion: Q3 Status: Completed
Project Description:

Continue to run the existing pilot program to replace a limited number of aging rooftop gas pack units with heat pump HVAC systems (commercial rooftop packaged heating, ventilation, and air conditioning (HVAC) units). Design an advanced pilot program focused on rooftop HVAC meant to prove a scalable, high participation business model.
2024 Project Milestones:

Modify the existing rooftop HVAC pilot to enhance its ability to assist businesses and generate more participation in the program.

Quarterly Update:

In September, staff launched an update to the rooftop packaged HVAC pilot with a goal of collecting more data to support the design of an advanced pilot program. Staff is providing significantly enhanced incentives to a limited number of customers (10), and in exchange these customers must gather additional cost information and other information as they do their projects that they must provide to the City. Businesses who do not wish to gather this information can still access the program at the original incentive level. Outreach is proceeding through various channels to spur participation, and staff has already seen some early interest from several building owners.

CC&NE 21. Develop and approve an Electric Vehicle Strategic Plan (t) Project Manager: Jonathan Abendschein Lead Dept: UTL
Estimated Completion: Q4 Status: On Track
Project Description:

Develop a strategic plan for the provision of electric vehicle (EV) charging infrastructure to support EV growth in Palo Alto. Define the City’s role and funding needs. Evaluate strategies for efficient electrification and EV charging to reduce grid impacts. Coordinate with the Reliability and Resiliency Strategic Plan on the electric grid impacts and benefits of EV charging and strategies to mitigate the impacts and take advantage of opportunities.
2024 Project Milestones:

Complete preliminary EV Strategic Plan and review with Council Ad Hoc Climate Protection Committee.

Quarterly Update:

The EV Strategic Plan is currently in development. Staff received feedback on the plan scope and some early design decisions about the plan and analysis at public Ad Hoc Climate Protection Committee Working Group meetings in March and June and in September received feedback on a list of strategies for e‐mobility development and its supporting infrastructure to include in the plan. Staff anticipates completing a draft of this study before the end of the year and reviewing it with the Ad Hoc Climate Protection Committee.

CC&NE 22. Develop an EV Replacement Program for the City Fleet Project Manager: Danitra Bahlman Lead Dept: PW
Estimated Completion: Q4 Status: Completed
Project Description:

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Convert Palo Alto municipal vehicles to electric vehicles (EVs) when feasible and when the replacement is operationally acceptable. Install EV Charging infrastructure to support increased EV usage.
2024 Project Milestones:

Identify internal combustion engine vehicles that can be potentially replaced with EVs, with a goal of adding nine EVs to the fleet in 2024 and six EV chargers in the City Hall Level C parking garage for fleet vehicles. Develop an all‐electric FY 2025 vehicle replacement program and track GHG emissions of fleet vehicles by Department.

Quarterly Update:

To date, six EVs have been added to the fleet in 2024. The City Hall Level C EV charger project was completed in September. As part of the Capital Budget, Council approved an all‐electric FY 2025 vehicle replacement program, except for Police pursuit vehicles. Staff is currently ordering an EV Police pursuit vehicle as a pilot. Staff plans to review the Fleet Electrification effort with the Council Climate Protection Ad Hoc Committee in Q4. Rincon Consultants calculated vehicle GHG emissions by department as part of the 2022 GHG inventory.

CC&NE 23. Develop and initiate implementation of a Reliability and Resiliency Strategic Plan (u) Project Manager: Jonathan Abendschein Lead Dept: UTL
Estimated Completion: Q2 Status: Completed
Project Description:

Develop a strategic plan for the integration of new technologies such as distributed energy resources (solar, battery to grid, battery storage, and self‐forming grids), load management and control technologies, and advanced grid automation and protection into the City’s electric distribution system with the goal of improving electric grid reliability and utility customer and neighborhood resiliency.

Coordinate with the EV Strategic Plan to identify the role of EV charging (including EV to grid and EV to home) in electric grid reliability and resiliency.
2024 Project Milestones:

Staff will seek Council acceptance of the Reliability and Resiliency Strategic Plan and begin implementation.

Quarterly Update:

Council accepted the Reliability and Resiliency Strategic Plan on April 15, 2024, and its implementation is now underway. A contract for professional services to assist with various aspects of implementation was approved by Council on September 23. Staff is working on a partnership with SLAC National Accelerator Laboratory to complete a distribution analysis focused on other parts of the plan. Staff is also pursuing investigations of various microgrid designs at and in the vicinity of the airport, as well as energy storage at substations.

CC&NE 24. Develop draft S/CAP funding study with Council input (v) Project Manager: Jonathan Abendschein Lead Dept: UTL
Estimated Completion: Q4 Status: On Track
Project Description:

Complete an analysis of the funding needs for full scale implementation of the S/CAP Climate Action goals and key actions, including identifying and estimating costs for additional emissions reductions to achieve the 80x30 goal. Identify potential funding sources. 2024 Project Milestones:

Complete preliminary draft S/CAP Funding study and review with Council Ad Hoc Climate Protection Committee.

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Quarterly Update:

The S/CAP Funding Study is in progress. Completion of the Funding Study depends in part on completion of other complementary studies, including the EV Strategic Plan, Building Sector Study, and the Funding Source Survey. All studies are being completed by the same group of consultants and all are in progress in parallel. Staff believes preliminary draft results of the study can be ready for review by the Council Ad Hoc Climate Protection Committee before the end of the year. Staff is meeting with the Committee and its Working Group over the course of the fall to review preliminary scenarios to model, with a review of preliminary results by end of year.

CC&NE 25. Evaluate and report out Palo Alto Link pilot performance and consider continuation and/or expansion of future services
Project Manager: Nathan Baird Lead Dept: OOT
Estimated Completion: Q2* Status: Behind Schedule
Project Description:

Since its launch in March 2023, analyze the effectiveness of the Palo Alto Link pilot program and consider providing on‐demand transit services through at least June 2025. Finance Committee to review options for program continuation and/or expansion of transit services beyond June 2025 in October 2024.
2024 Project Milestones:

Council to evaluate the pilot program’s effectiveness and consider continuation and/or expansion, with service considerations to extend to 7AM to 7PM in July 2024, and fare increase to $4 for all riders by September 2024.

Quarterly Update:

On March 27, 2024, the Planning and Transportation Commission received a presentation on the pilot’s performance and was provided an opportunity for input on the funding strategy options.

During the Budge Adoption process, Council reduced General Fund allocation to the program and increased revenue via fare increases and additional support from Stanford.

City staff will present performance metrics and funding options to Finance Committee for Council recommendations in October 2024, including private and public partnership options.

*This objective is now estimated to be completed in Q4.

CC&NE 26. Begin community engagement to consider parking policy updates that enhance customer satisfaction, improve program sustainability, and align with S/CAP mobility goals Project Manager: Nathan Baird Lead Dept: OOT
Estimated Completion: Q2* Status: Behind Schedule
Project Description: Evaluate and provide options for updating parking policy objectives and implementing operations improvements, beginning with the University Ave. Parking district and surrounding commercial areas.
2024 Project Milestones:

Initiate community engagement to gauge customer satisfaction and support future updates to parking policies. Select a parking vendor to provide expanded permit types, time extension options, and mobile payment.

Quarterly Update:

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Community engagement has begun on this project, including the launch of a survey that closed in July, analysis of the survey results was not available at the time this report was being drafted.

However, staff is planning on continuing community engagement efforts through the fall.

City staff will select a parking permit vendor by October 2024, and work with selected vendor to present options for improvements by the end of 2024, and then make policy changes and implement program changes by June 2025.

*Estimated completion is now Q4.

CC&NE 27. Amend local building regulations to establish a "One Margin" energy efficiency standard, to allow installation of natural gas plumbing while imposing more stringent energy efficiency and all‐electric readiness requirements to all new buildings Project Manager: George Hoyt Lead Dept: PDS
Estimated Completion: Q2 Status: Completed
Project Description:

Amend the California Energy Code as codified in Title 16 of the Palo Alto Municipal Code Building Regulations establishing a ‘One Margin’ standard, which would allow for installation of natural gas plumbing while imposing more stringent energy efficiency and all‐electric readiness requirements to all new buildings, which incentivizes the additional efficiency and lower emissions of all electric equipment using clean electricity.
2024 Project Milestones:

Engage a consultant to work with staff to review and implement the One Margin standard. Present findings and an ordinance to the City Council for final action.

Quarterly Update:

The City Council adopted the One Margin code ordinance on June 3, 2024. As required by state law, the ordinances have been sent to the California Energy Commission for review and approval. The Energy Reach Code “One Margin” ordinance was reviewed and approved at the Commission’s September 11, 2024 business meeting, and the ordinance became effective October 4, 2024. The ordinance will remain in effect until it is replaced with the 2026‐2028 Energy Code, with any local amendments adopted for that code cycle (see CC&NE 28).

CC&NE 28. Initiate the 2026 California Building Standards Code update, including the California Green Building Standards Code
Project Manager: George Hoyt Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Adopt the California Building Standards Commission’s model technical building, mechanical, plumbing, electrical, existing buildings, fire, energy, residential building, historic building, and green building codes, with local amendments as appropriate, including standards to advance the City’s carbon reduction and electrification initiatives, in compliance with federal regulations. 2024 Project Milestones:

Engage a consultant and begin initial research and analysis.

Quarterly Update: Staff has begun the process of engaging professional services and identifying staffing for the project. A Development Services Contract Services RFP was released in September 2024.

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CC&NE 29. Complete community engagement for the Airport’s Long‐Range Facilities & Sustainability Plan in accordance with Federal requirements and hold a study session with Council on the draft plan
Project Manager: Andrew Swanson Lead Dept: PW
Estimated Completion: Q3 Status: Completed
Project Description:

Develop a long‐range planning document that aligns the Airport with City goals and objectives ensuring safe and sustainable operations at the Palo Alto Airport. 2024 Project Milestones:

Conduct meetings with the public to receive guidance to update the Airport’s Long‐Range Facilities & Sustainability Plan in accordance with Federal requirements. Conduct a Study Session with the City Council to receive feedback on a draft plan.

Quarterly Update:

An online survey requesting input on planning alternatives was initiated in July and closed in August 2024. The project team conducted a fifth public outreach meeting on June 20 to receive further comments on alternatives for future airport improvements. Staff held a study session with City Council on September 16 and received valuable input from public speakers and the Council that will be used to develop a planning alternative that does not include runway expansion or modifications that could encourage larger aircraft. Additional community engagement is anticipated once a new alternative is available.

CC&NE 30. Council selection of a locally preferred alternatives for City Rail/Grade Separation project at Churchill Avenue, Meadow Drive, and Charleston Rd Project Manager: Ripon Bhatia Lead Dept: OOT
Estimated Completion: Q4 Status: Completed
Project Description:

The project involves implementing rail grade separations along the Caltrain Corridor. Currently, the City is in the process of developing conceptual plans for three crossings: Churchill Avenue, Meadow Drive, and Charleston Road. Staff is actively engaged with the Rail Committee to evaluate alternatives for recommendation to the City Council. The objective is to identify a locally preferred alternative and advance the project into the Preliminary Engineering and Environmental Phase. 2024 Project Milestones:

Continue to advance and develop conceptual plans for various alternatives in consideration for each of the three crossings, based on the guidance and direction provided by the Rail Committee. The objective is to present recommendation to the City Council for consideration and approval of locally preferred alternative(s) at these three crossings.

Quarterly Update:

On June 10, 2024, the City Council selected Seale Avenue as the bicycle and pedestrian crossing location for the Partial Underpass Alternative at Churchill Avenue Crossing. This decision advances the Partial Underpass with the Bicycle and Pedestrian crossing at Seale Avenue into the Preliminary Engineering and Environmental Documentation Phase, with the closure alternative retained as a backup option. Additionally, on June 18, the Council voted to advance the hybrid (including a mixed wall/column approach) and underpass alternatives for Meadow Drive and Charleston Road into the Preliminary Engineering and Environmental Documentation Phase. The funding Agreement with FRA was fully executed in September 2024. Staff is currently working on negotiating a Cooperative Agreement with Valley Transportation Authority and Caltrain for funding and implementing the Preliminary Engineering and Environmental Phase of work.

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CC&NE 31. Advocate for the San Francisquito Creek Flood Protection capital project (Reach 2) through Council’s JPA representation and any Council approvals involved (w) Project Manager: Holly Boyd Lead Dept: PW
Estimated Completion: Q4 Status: On Track
Project Description:

Advance the San Francisquito Creek (SFC) Flood Protection capital project (Reach 2) through Council’s JPA representation and any Council approvals involved.
2024 Project Milestones:

Support JPA’s efforts to make decisions through staff discussions and the City’s representation on the JPA Board.

Quarterly Update:

In January 2024, the SFCJPA board authorized the agency to seek consulting support to analyze the reach 2 alternatives that were described in the EIR while considering the hydraulic limitation of the creek identified during the December 31, 2022, storm event. Staff participated in the review and selection of the Request for Proposals process that led to a successful consultant award at the May SFCJPA board meeting. In Q3, staff engaged Schaaf & Wheeler to conduct a feasibility analysis of a potential reach 2 alternative and shared the resulting technical memorandum with JPA staff.

Additionally, staff attends and participates in monthly SFCJPA Reach 2 Planning Group meetings.

CC&NE 32. Complete design and right‐of‐way acquisition, obtain regulatory permits, finalize project funding needs including potential Council advocacy with State legislators, and approve construction contract for the Newell Road Bridge Replacement project (x) Project Manager: Holly Boyd Lead Dept: PW
Estimated Completion: Q2* Status: Behind Schedule
Project Description:

Complete design and right‐of‐way acquisition, obtain regulatory permits, and seek programming of construction funding by Caltrans. Advocacy with State legislators on project funding needs. Award a construction contract and manage the construction phase of the project to its completion. 2024 Project Milestones:

Complete design and right‐of‐way acquisition, obtain regulatory permits, and seek programming of construction funding by Caltrans, through Council advocacy as needed, and award a construction contract, subject to property owner, permitting agencies, and Caltrans approvals.

Quarterly Update:

Staff obtained all construction easements and permits from regulatory agencies and submitted for right‐of‐way certification and authorization to proceed for construction to Caltrans in late May. A notice of intent to award for a construction manager contract has been issued. Staff worked with Caltrans to revise and resubmit right‐of‐way certification documents in July and September. Staff reached out to state congressional leaders for assistance in expediting Caltrans’ review prior to September 30. Because the Caltrans review was not completed by September 30, access to federal funding approval did not occur, and Caltrans reprogrammed construction funding to FY 2026. Since this potentially impacts the City’s ability to start work in Summer 2025, staff is continuing to seek earlier funding from Caltrans to follow the right‐of‐way certification approval. Although technically occurring in Q4, it is important to note that Caltrans approved the right‐of‐way certification on October 11.

* Revised estimated completion is now Q4.

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CC&NE 33. Coordinate with Federal and regional partners on a path forward exploring the development of a Sea Level Rise Adaptation Plan (5)
Project Manager: Julie Weiss Lead Dept: PW
Estimated Completion: Q4 Status: On Track
Project Description:

Participate in regional efforts to advance shoreline protection from sea level rise through 1) SB272 (Laird) Sea Level Rise Adaptation Plan development, 2) Valley Water/U.S. Army Corps of Engineers Shoreline II levee improvements, and 3) Other regional and internal coordination efforts.

SB272: Sea Level Rise Planning and Adaptation (Laird) signed in 2023 requires a state and Bay Area regional sea level rise adaptation plan and harmonized subregional plans. Plan requirements, and the boundaries of subregions are anticipated from the Bay Conservation and Development Commission by the end of 2024. Palo Alto has already completed its Sea Level Rise Vulnerability Assessment which will be a subregional plan requirement. Staff will coordinate the development of the Sea Level Rise Adaptation Plan to align with these efforts.

Shoreline II Levee Improvements: The United States Army Corps of Engineers conducted a feasibility study to assess cost/benefit of funding levee improvements along Palo Alto’s shoreline and
determined that there is no federal interest in pursuing Palo Alto shoreline improvements at this time, and that improvements would not be needed until approximately 2060. In January 2024, Valley Water coordinated a Congressional letter (signed by Representative Eshoo and others) requesting re‐ examination of cost benefit assessment citing concerns about the analysis and drafted a similar letter from Valley Water leadership to USACE leadership.

Other Regional and In‐house Coordination Efforts: Regional efforts include coordinating with Santa Clara County and regional entities involved with sea level rise planning and internal efforts to advance sea level rise planning tools and education.
2024 Project Milestones:

Track and participate in regional SB272 discussions about required sea level rise plan components and subregional partners; continue to coordinate with Valley Water in pursuit of a reevaluation of USACE’s federal interest to fund shoreline improvements; participate in priority region‐wide sea level rise planning efforts; and improve ESRI GIS maps for staff sea level rise and shallow groundwater planning purposes.

Quarterly Update:
1) Staff provided input on the Bay Conservation Development Commission’s Draft Regional Shoreline Adaptation Strategy vulnerability assessment and adaptation plan guidance;

2)The USACE officially closed out the Shoreline II Feasibility Study. Valley Water and City staff finalized a project factsheet and project partners are drafting public FAQs. Shoreline II partners will meet after SB272 requirements are known to discuss future collaboration and funding opportunities;

3) The Ocean Protection Council updated their Sea Level Rise Guidance for public agency planning which can be referenced by staff for project planning;

4) Staff identified essential changes needed for ESRI maps and are working with the consultant team
to make those revisions. In addition, the Regional Water Quality Control Plant and Palo Alto Airport are including sea level rise in each program’s Long‐term Facility Plan.

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CC&NE 34. Prepare Stream/Creek Corridor Setback Ordinance (4) Project Manager: Kelly Cha Lead Dept: PDS
Estimated Completion: Q3* Status: Behind Schedule
Project Description:

Conduct research and present an ordinance that implements the City’s comprehensive plan polices related to stream corridor setbacks for Planning and Transportation Commission (PTC) review and recommendation to the City Council.
2024 Project Milestones:

Engage a consultant to review the City’s comprehensive plan policies related to stream corridor setbacks; prepare an existing conditions report and make recommendations on appropriate setbacks; conduct public outreach and hold meetings before the PTC to receive a recommendation for City Council consideration.

Quarterly Update:

The PTC held an initial public meeting on August 14. The PTC is expected to review a draft ordinance on October 9, 2024 and make a recommendation to Council; the Council hearing is tentatively scheduled for November 18, 2024.

*The revised estimated completion is now Q4.

CC&NE 35. Prepare Bird Safe Glass & Wildlife Light Pollution Protections Ordinance (6) Project Manager: Kelly Cha Lead Dept: PDS
Estimated Completion: Q2* Status: Behind Schedule
Project Description:

Prepare an ordinance that updates the City’s zoning code to require new building design and lighting standards with the aim to reduce bird strikes and nighttime light pollution for new or substantially remodeled buildings/structures.
2024 Project Milestones:

Prepare a draft ordinance for review by the Planning and Transportation Commission (PTC) and recommendation to the City Council. Review similar relevant ordinances from other jurisdictions and consult local environmental advocates and/or groups when preparing the ordinance; hold public meetings before the Architectural Review Board (ARB), PTC and City Council.

Quarterly Update:

The PTC met in August and provided feedback on a future ordinance. The PTC is expected to review a draft ordinance on October 30, 2024 and make a recommendation to Council; the Council hearing is tentatively scheduled for December 9, 2024.
2024.

*The revised estimated completion is now Q4.

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Housing for Social & Economic Balance

HS&EB 36. Approve project funding and a consultant contract to develop and identify housing opportunity sites through the Downtown Housing Plan, including community outreach (dd) Project Manager: Coleman Frick Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Prepare a focused housing plan for the University Avenue downtown area that identifies development and design standards and public infrastructure necessary to accelerate housing production in the study area.
2024 Project Milestones:

City Council selection of project management and coordination consultants; community outreach and engagement; community assessment and initial policy development.

Quarterly Update:

The City Council approved project funding and the consultant contract on February 26, 2024.

Community engagement is underway. A community meeting is scheduled for October 10, 2024 and a Citizens Advisory Committee is expected to be formed in October.

HS&EB 37. Submit compliant housing element to the state department of Housing and Community Development (HCD) (ee)
Project Manager: Jonathan Lait Lead Dept: PDS
Estimated Completion: Q3 Status: Completed
Project Description:

Prepare an updated housing element for Council adoption and review for certification by the California Department of Housing and Community Development (HCD) that advances the City’s housing policy interests, meets applicable state housing requirements, and demonstrates compliance with the City’s regional housing needs assessment. The housing element will include an implementation schedule to complete various policies over the eight‐year housing cycle. 2024 Project Milestones:

Complete revisions to the previously adopted housing element to address HCD comments and public input; schedule a joint Planning and Transportation Commission and City Council meeting, update the Item 12
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housing element as necessary based on Council direction and make the housing element available for an additional 7‐day review before sending to HCD to initiate its 60‐day review period.

Quarterly Update:

The state department of Housing and Community Development certified the City’s housing element on August 20, 2024.

HS&EB 38. Approve final North Ventura Coordinated Area Plan (NVCAP) (ff) Project Manager: Kelly Cha Lead Dept: PDS
Estimated Completion: Q2* Status: Completed
Project Description:

Prepare a coordinated area plan for North Ventura to facilitate development of a walkable, mixed‐use neighborhood with multifamily housing, commercial services, and well‐defined connections to transit, bicycle, and pedestrian facilities.
2024 Project Milestones:

Complete final plan revisions based on prior City Council direction, complete related environmental review, finalize zoning implementation regulations and present the final draft to the Architectural Review Board (ARB), Planning and Transportation Commission (PTC), and City Council for final action.

Quarterly Update:

The City Council adopted a resolution approving the NVCAP on August 5, 2024 and re‐introduced a first reading of the associated ordinance on September 23, 2024; with a second reading October 14, 2024.

*The revised estimated completion date is now Q3.

HS&EB 39. Receive Cal Poly San Luis Obispo student‐led concept plan for San Antonio Corridor Project Manager: Amy French Lead Dept: PDS
Estimated Completion: Q1 Status: Completed
Project Description:

Cal Poly’s undergraduate urban planning studio will present their student‐led project highlighting land use and transportation solutions for the Council’s consideration in advance of the City’s comprehensive corridor study.
2024 Project Milestones:

Students will participate in study session presentation to the City Council.

Quarterly Update:

On March 18, 2024 the City Council received a study session presentation from Cal Poly San Luis Obispo completing this task.

HS&EB 40. Approve consultant contract to initiate a Specific Plan for San Antonio Road Corridor including project goals and outcomes (8)
Project Manager: Coleman Frick Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Prepare a Request for Proposals and explore opportunities for developer funding to support the preparation of a San Antonio Road corridor specific plan that incorporates anticipated housing projections, programs and policies from the City’s housing element, identifies an appropriate mix of land uses, park and recreation space needs, retail centers, transportation solutions that focus on ease and safety of multi‐modal travel and access to community resources and amenities.

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2024 Project Milestones:

Prepare a Request for Proposals, present selected firm and contract to Council for approval.

Quarterly Update:

Staff prepared a request for proposals (RFP) that was released on June 20, 2024 and closes on September 4, 2024. The submittal period is intentionally longer than usual, as it spans the summer months which tends to be a slower time for proposals. Staff is reviewing responses to the RFP and will conduct interviews and make a recommendation to the City Council in December.

HS&EB 41. Initiate a review and make recommendations for a possible extension of the Housing Focus area to other geographic locations along El Camino Real Project Manager: Coleman Frick Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Consistent with prior City Council direction, staff will explore opportunities to incentivize housing production at strategic locations along El Camino Real with zoning code amendments that increase building height and floor area ratios and apply other objective standards, including transitional height restrictions to address single family zoning districts adjacencies. The proposed standards will be an alternative to the state density bonus.
2024 Project Milestones:

Engage an on‐call consultant to work with staff to prepare necessary analysis, prepare reports, conduct community outreach and perform environmental review for possible zoning code changes; provide updates to the Housing Ad Hoc and engage the ARB and PTC for design and policy guidance.

Quarterly Update:

Staff has selected an on‐call professional services firm; initial work has begun on analyzing the existing El Camino Real Focus area and potential areas of expansion.

HS&EB 42. Evaluate sources and methods for raising significant funding to support affordable housing
Project Manager: Jonathan Lait Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Support the City’s affordable housing goals as set forth in the adopted Housing Element and explore funding mechanisms to help support those efforts.
2024 Project Milestones:

The Housing Ad Hoc will meet with staff to understand available sources and methods to support affordable housing funding strategies and report back to Council.

Quarterly Update:

The Housing Ad Hoc met and discussed strategies in September; staff is working with Ad Hoc to prepare a recommendation to Council for December as part of its end of year reporting.

HS&EB 43. Conduct a policy review with criteria for Notice of Funding Availability (NOFA) Project Manager: Jonathan Lait Lead Dept: PDS
Estimated Completion: Q3* Status: Behind Schedule
Project Description:

Release a NOFA consistent with the City’s below market rate funding policy for approximately six and half million dollars ($6.5M) and share application submittal results with the City Council Housing Ad Item 12
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Hoc for review and recommendation on fund disbursement, if any; transmit funding recommendations to the City Council.
2024 Project Milestones:

Prepare and release the NOFA for 60 days; receive a recommendation from the Housing Ad Hoc and seek City Council action.

Quarterly Update:

A NOFA was released in September and expects to go to Council with a funding recommendation by the end of December.

*The revised estimated completion date is Q4

HS&EB 44. Approve a consultant contract to assess housing development impact fees for the conversion from a per unit to per square foot basis
Project Manager: Jonathan Lait Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Consistent with prior City Council direction, change the methodology for collecting housing‐related development impact fees from a per unit amount to a per square foot calculation. 2024 Project Milestones:

Engage a consultant to review the City’s development impact fees and characteristics of single family and multi‐family home building to establish a conversion rate that would enable the City to assess development impact fees based on the unit’s size (square footage). Present this report to the City Council’s Finance Committee and schedule for City Council review.

Quarterly Update:

The consultant analysis is complete. The analysis was presented to City Council on September 23, 2024 and was pulled from the consent calendar; it is targeted to be considered by City Council by the end of the year

HS&EB 45. Refine implementation of City’s SB9 objective development and urban lot split standards (ll)
Project Manager: Amy French Lead Dept: PDS
Estimated Completion: Q1 Status: Completed
Project Description:

Prepare a resolution that updates the City’s objective standards related to SB‐9 development and lot split standards. This project is distinguished from the ordinance task in HS&EB ii, which as an ordinance the made code changes to reflect changes in state law whereas this task refines specific, objective development standards. These changes will be reviewed by Council as a resolution as opposed to an ordinance.
2024 Project Milestones:

Present resolution with updated objective standards for SB‐9 development and lot splits.

Quarterly Update:

On February 12, 2024, the City Council reviewed and approved a resolution updating the objective design standards.

HS&EB 46. Adopt an ordinance that implements Housing Element Program 3.4 related to the housing incentive program
Project Manager: Coleman Frick Lead Dept: PDS
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Estimated Completion: Q4* Status: On Track
Project Description:

Based on a feasibility study, evaluate potential changes to the City’s existing housing incentive program (HIP) and consider program expansion to multi‐family, GM and ROLM zoning districts.

Implement Housing Element Program 3.3 regarding the affordable housing incentive program (AHIP) and apply standards to identified housing opportunity sites; consider extending to faith based R1 zoned properties.
2024 Project Milestones:

Complete prototypical project and economic feasibility analysis related to the housing incentive program and develop draft standards that would increase housing development potential beyond existing zoning standards and serve as an alternative to the state density bonus. Present findings to the Housing Ad Hoc, Architectural Review Board (ARB) and Planning and Transportation Commission (PTC) and forward a recommendation and ordinance to the City Council for final action. (Q4) Quarterly Update:

Most of the milestone work has been completed and additional review is expected by PTC in late 2024 and review by City Council expected in early 2025. This project may be delayed by one quarter due to staff resources being redirected in response to additional work needed for Housing Element certification.

*Based on estimated progress this objective may be delayed to Q1 2025

HS&EB 47. Amend the municipal fee schedule and prepare economic feasibility analysis that implements Housing Element Program 3.1 related to fee waivers and adjustments Project Manager: Coleman Frick Lead Dept: PDS
Estimated Completion: Q4 Status: Completed
Project Description:

Amend the City’s municipal fee schedule to waive City staff costs associated with the processing of a one hundred percent (100%) affordable housing planning application, except for directly related consultant supported costs.
2024 Project Milestones:

Amend the City’s municipal fee schedule to waive planning‐related fees associated with the processing of one hundred percent (100%) affordable housing applications. Engage a consultant to begin an economic feasibility analysis that studies the impact of development impact fees to housing production.

Quarterly Update:

On June 17, 2024, the City Council adopted the municipal fee schedule implementing this task.

HS&EB 48. Initiate a study implementing Housing Element Program 6.5 related to alternative housing types
Project Manager: Coleman Frick Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Prepare a study to achieve opportunities for innovative housing structures, such as micro‐unit housing and new shared and intergenerational housing models, to help meet the housing needs of aging adults, students, and lower‐income individuals citywide. 2024 Project Milestones:

Engage a consultant to initiate the study.

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Quarterly Update:

Staff has initiated conversations to engage a consultant; project anticipated to begin in Q4.

HS&EB 49. Adopt an ordinance implementing various Housing Element Programs Project Manager: Coleman Frick Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Prepare an ordinance that addresses the following housing element programs –  Amend the zoning code to limit the number of hearings for multi‐family housing projects before the ARB to two hearings (Program 3.6);
 Amend the zoning code to require all sites listed in the housing element sites inventory, all projects utilizing density bonuses, and all projects demolishing residential dwelling units to meet the replacement housing requirements of state law contained in housing element law, density bonus law, and the Housing Crisis Act of 2019 (Program 4.1);  Amend the zoning code to remove the Conditional Use requirement for residential uses in the Stanford Research Park, while taking into consideration City requirements related to hazardous materials (Program 1.5);
 Amend the zoning code to be consistent with Government Code Sections 65650 et seq., which require that Supportive Housing meeting the standards in the statute be treated as a by‐right use where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. Amendments will also be made to allow transitional and supportive housing, as defined in Government Code Section 65582, to be permitted as a residential use in all zones (Program 6.5);
 Amend the zoning code to be consistent with Government Code sections 65660 et seq., which require a Low Barrier Navigation center to be a use by‐right in areas zoned for mixed‐use and nonresidential zones permitting multifamily uses, provided specific requirements of the law are met (Program 6.5);
 Amend the City’s parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code section 65583, subdivision (a)(4)(A). Amend the zoning code to allow emergency shelters in the ROLM(E) zone to be approved ministerially, without discretionary action, remove distance requirements, adjust length of stay requirements, and ensure that the development standards for shelters are in compliance with statutory requirements (Program 6.5);
 Amend the zoning code to ensure compliance with the Employee Housing Act (including California Health and Safety Code sections 17021.5, 17021.6, and 17021.8) to state that farmworker housing up to 36 beds or 12 units are to be permitted as an agricultural use and therefore “by right” in the AC and OS zones and no discretionary permit would be required of employee housing providing accommodation for six or fewer employees if discretionary permits are not required of a family dwelling of the same type in the same zone (Program

6.5);
2024 Project Milestones:

Prepare ordinance and present to the Planning and Transportation Commission (PTC) for review and recommendation to the City Council for final action.

Quarterly Update:

Staff has initiated work and PTC consideration is scheduled for November 13, 2024. An ordinance is expected to be presented to the City Council in January.

*Based on estimated progress this objective may be completed in Q1 2025.

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HS&EB 50. Initiate analysis to amend the zoning code to implement Program 3.9 related to commercial floor area
Project Manager: Coleman Frick Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Amend the City’s zoning code to reduce commercial floor area allowances or other commercial incentives at strategic locations to shift the economic benefit of redevelopment toward home building.
2024 Project Milestones:

Initiate analysis in 2024 and present findings to Council by Q4 2025. Amend the Municipal Code by Q4 2026.

Quarterly Update:

No reportable action this quarter; project anticipated to begin in Q4.

HS&EB 51. Partner with Santa Clara County Housing Authority to achieve 2024 milestones on construction timeline for Palo Alto Homekey project to provide transitional housing and services for unhoused residents (pp)
Project Manager: Melissa McDonough Lead Dept: CMO
Estimated Completion: Q4 Status: On Track
Project Description:

Palo Alto Homekey construction is scheduled to take place throughout calendar year 2024 with completion in early 2025. City staff attends regular project management meetings and owner‐ architect‐contractor (OAC) meetings and conducts site visits. The Housing Authority assists the City with overall review of construction financing, budget and schedule, as well as construction monitoring, including conducting site visits, informing the City whether work is being completed on time and according to design intent, and reviewing the project schedule on a regular basis, providing input to mitigate potential delays.
2024 Project Milestones:

Monitor the timely completion of milestones relating to concrete work, fabrication of modular units, setting of modular units, backfill and grading, decking and stairs, completion of site‐built items, and switchgear installation and energization.

Quarterly Update:

As of the 2nd week of September, the first modulars had arrived in California from the factory in Pennsylvania, the community building underwent construction, the concrete building pads were poured and completed, and the modular elevator was installed. Additionally, 52% of construction was complete as of August 31.

HS&EB 52. Conduct a gap analysis of housing and services for the unhoused in Palo Alto, considering Council direction, City activities and work, and County activities and work Project Manager: Melissa McDonough Lead Dept: CMO
Estimated Completion: Q4 Status: On Track
Project Description:

Produce a gap analysis looking at City of Palo Alto’s City Council direction as well as any and all work being performed by the City or the County for the people of Palo Alto, in relation to housing and services for the unhoused. This analysis will pull from existing documents including the Housing Item 12
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Element, staff reports, the Santa Clara County Community Plan to End Homelessness, and where necessary, communication with key stakeholders. The result of this analysis will identify any areas that the City could feasibly pursue as new or improved work. The gap analysis will result in a report and presentation to City Council, which:

1. Describes the a.) Housing direction from Council b.) Services for the unhoused direction from Council,

2. Describes the work that is being done which meets that direction, identifying who owns individual work products (City, County, or Federal),

3. Identifies any work that is not occurring or any work that is occurring but could be improved and is within the purview of the City of Palo Alto,

4. Conducts a literature review to identify best practices to provide context and support for recommendations, and

5. Provides recommendations on new/improved work the City could undertake and whether the work would require additional staff or other financial resources. 2024 Project Milestones:

Conduct research resulting in a draft report, collect feedback resulting in a final report, create a draft slide deck based on the final report, collect feedback resulting in a final slide deck, and present the gap analysis findings to Council.

Quarterly Update:

In the past quarter, a literature review, subject matter expert interviews, and data collection began to take shape in a draft report. Staff anticipates bringing the housing and services for the unhoused gap analysis findings to Council in December.

HS&EB 53. Initiate research to understand Palo Alto unhoused population and explore feasibility of expanding safe parking options on Geng Road
Project Manager: Melissa McDonough Lead Dept: CMO
Estimated Completion: Q4 Status: On Track
Project Description:

In partnership with the Planning and Development Services Department, staff will explore expansion of safe parking in Palo Alto, including increasing the footprint of safe parking at the Geng Road site, working with the PTC to consider expanding safe parking to commercial lots, and exploring clearer data on the population and condition of unhoused in Palo Alto. 2024 Project Milestones:

Staff will begin research on options for expanding Geng Road and exploring data on the population and condition of unhoused in Palo Alto.

Quarterly Update:

On August 19, City Council approved a lease amendment to expand the premises of the lease at 2000 Geng Road and increase by 10 the number of safe parking spaces permitted. Additionally, staff is collecting data and interviewing key stakeholders to provide Council with a better understanding of the Palo Alto unhoused population, which Council can anticipate receiving in conjunction with the gap analysis (HS&EB 52) in December.

HS&EB 54. Council discussion of possible ordinance related to fair chance renter policy Project Manager: Coleman Frick Lead Dept: PDS
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Estimated Completion: Q3* Status: Behind Schedule
Project Description:

Consistent with the City Council’s renter protection policy direction, staff will research the policy implications of a fair chance renter policy from a legal, policy, and anticipated resource demand perspective. This information will be presented to the City Council’s Housing Ad Hoc committee for review and recommendation to the full Council.
2024 Project Milestones:

Staff will prepare a staff report with the requisite analysis and present the information to the City’s Housing Ad Hoc Committee and will forward its recommendation to the City Council for formal direction.

Quarterly Update:

Following feedback from the Housing Ad Hoc, staff will present the framework of a fair chance renter policy on October 10, 2024. Staff anticipates presenting recommendations to the City Council for its consideration in Q4.

*Estimated completion date is Q4

HS&EB 55. Council discussion of possible anti‐rent gouging policy Project Manager: Coleman Frick Lead Dept: PDS
Estimated Completion: Q3* Status: Behind Schedule
Project Description:

Consistent with the City Council’s renter protection policy direction, staff will research the policy implications of an anti‐rent gouging policy from a legal, policy, and anticipated resource demand perspective. This information will be presented to the City Council’s Housing Ad Hoc committee for review and recommendation to the full Council.
2024 Project Milestones:

Quarterly Update:

Staff has completed significant research on the topic and will present findings to the City’s Housing Ad Hoc, which is scheduled for late October. Recommendations are anticipated to be forwarded to City Council by the end of the year, pending available agenda capacity.

*Revised estimated completion date is Q4

HS&EB 56. Finalize development plan to maintain affordability and improve conditions at Buena Vista Mobile Park
Project Manager: Melissa McDonough Lead Dept: CMO
Estimated Completion: Q3* Status: On Hold
Project Description:

The project manager will work with the Planning and Development Services department on timely completion of the entitlement process while encouraging the Housing Authority to incorporate resident and Council feedback throughout the project’s design. Additionally, the project manager will work with the County Office of Supportive Housing and the Housing Authority to revise the regulatory agreement to improve clarity and align with the redeveloped Park. 2024 Project Milestones:

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Complete, in partnership with the Housing Authority and Santa Clara County, the entitlement process and amendment of the regulatory agreement for the Buena Vista Mobile Home Park.

Quarterly Update:

Council approved the streamlined development and vesting tentative map on August 12.

Additionally, staff facilitated efforts to connect Buena Vista residents with mediation services.

The Housing Authority recently announced that it was pausing the redevelopment. Staff is focusing on understanding this pause and determining next steps.

HS&EB 57. Approve a consultant contract to initiate rental registry program implementation (cc) Project Manager: Coleman Frick Lead Dept: PDS
Estimated Completion: Q3 Status: Completed
Project Description:

Council to review and approve a professional services contract for an online registry portal and staff and consultant to prepare for project launch and phased implementation. 2024 Project Milestones:

Secure a consultant to oversee and manage the online registry portal. Staff to prepare and present data collection forms to the PTC and City Council Housing Ad Hoc for review and feedback. Staff and consultant to develop online guidance, resources and beta test portal. Staff to host community outreach and training events for landlords and other stakeholders to expand program awareness, requirements and facilitate data entry. This first phase of program implementation is expected to last two years and applies to landlords or property managers with three or more rental units, excluding J/ADUs, and regardless of current occupancy or availability on the market. (Q3) Quarterly Update:

On May 13, 2024, the City Council approved a contract to initiate the rental registry program.

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Community Health, Safety, Wellness & Belonging

CHSW&B 58. Complete reopening libraries to budgeted level (rr) Project Manager: Gayathri Kanth Lead Dept: LIB
Estimated Completion: Q4 Status: Completed
Project Description:

Further open libraries to include weekend and additional open days in alignment with service levels authorized as part of the annual budget, including events. 2024 Project Milestones:

As budgeted, Children’s Library will be open an additional 2 days bringing it to 6 open days a week. All other libraries have been reopened to levels authored as part of the annual budget.

Quarterly Update:

Starting July 8, the Children’s Library has opened 6 days (Mon‐Saturday) adding Mondays and Fridays to its service days. The opening of the Children’s library will now be in alignment with budgeted hours for all five branches.

CHSW&B 59. Approval of multi‐year agreement for provisions of animal shelter services (ss) Project Manager: Kristen O’Kane Lead Dept: CSD
Estimated Completion: Q1 Status: Completed
Project Description:

In collaboration with the City’s current service provider Pets in Need (PIN), work to review services, infrastructure needs, and determine next steps such as contract negotiations and approvals. On February 14, 2022, Council directed staff to proceed with negotiating a long‐term contract with Pets in Need for animal services.
2024 Project Milestones:

Finalize and approve multi‐year agreement with Pets in Need Quarterly Update:

On March 18, 2024, Council approved a five‐year Professional Services Agreement with Pets in Need to provide animal care services and shelter operations.

CHSW&B 60. Develop a workplan to enhance community special events with focus on inclusion (tt) Project Manager: Kristen O’Kane Lead Dept: CSD
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Estimated Completion: Q2 Status: Completed
Project Description:

Provide support to reinvigorate Community Services Department’s (CSD) current special events and propose new events particularly along California Ave and University Ave to support economic development in those areas. Provide more opportunities for residents to engage and gather, promoting a healthy community.
2024 Project Milestones:

CSD has hired a special events coordinator to support this objective and will develop a workplan to guide continuing and new events.

Quarterly Update:

Staff have prepared a draft workplan for FY25 to support regular and new events. New events include a multi‐cultural community event, participation in one Third Thursday event, and new events in commercial areas (event themes to be developed through conversations with local merchants).

CHSW&B 61. Reach a tentative agreement with PAUSD on long‐term use of the Cubberley property (uu)
Project Manager: Kristen O’Kane Lead Dept: CSD
Estimated Completion: Q2* Status: Completed
Project Description:

Finalize an Agreement with PAUSD for the Cubberley site and define next steps regarding long‐term use of the Cubberley Community Center, specifically the City‐owned portion. 2024 Project Milestones:

Ad Hocs of the City Council and PAUSD Board of Education, along with staff are negotiating terms for a potential land transaction at Cubberley.

Quarterly Update:

The City and PAUSD continue to work on this agreement. A Council closed session was scheduled August 5, 2024, the outcome of the meeting was unknown at the time this report was drafted.

Closed sessions were held on September 9th and 30th. On October 7th and 8th, respectively, the City and PAUSD agreed on terms for the purchase of 7 acres of land at Cubberley, and a new 5‐year lease that will allow the city to continue leasing space beginning January 2025. The purchase is contingent on voter approval of a bond measure in November 2026. The City will complete a master development plan, building on the previous 2019 plan by March 2026, and the school district will develop a plan for use of the proceeds from the sale to improve PAUSD schools.

*The updated estimated completion date is Q3.

CHSW&B 62. Evaluate Recreation Wellness Center Feasibility (vv) Project Manager: Kristen O’Kane Lead Dept: CSD
Estimated Completion: Q2* Status: Behind Schedule
Project Description:

Council directed staff and the Parks and Recreation Commission to conduct public outreach on a new gym, including location, siting, gym features, cost estimates, funding timeline, demand assessment and prioritization of projects, and to investigate fundraising. 2024 Project Milestones:

Staff will bring to Council a recommendation on location of the proposed Recreation Wellness Center and a Letter of Intent with the Friends of the Recreation Wellness Center before advancing this initiative further.

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Quarterly Update:

Progress on this objective is stalled due to Cubberley negotiations, which could influence the recommended location. City staff and the Friends of the Recreation Wellness Center have resumed discussions on the preferred location and next steps, which could include a Letter of Intent to partner on future development of the Center.

*The updated estimated completion date is Q4.

CHSW&B 63. Evaluate HSRAP funding allocation as a percent (%) of the General Fund (11) Project Manager: Kristen O’Kane Lead Dept: CSD
Estimated Completion: Q2 Status: Completed
Project Description:

Council referral to Finance Committee to evaluate and consider tying Human Services Resource Allocation Process (HSRAP) funding to a percentage of the General Fund. 2024 Project Milestones:

Evaluate HSRAP and other human services grants and agreements funding levels with the Finance Committee.

Quarterly Update:

On March 19, 2024, Finance Committee reviewed and discussed recommended funding levels of HSRAP and other grants, including the Council referral to consider allocating 1% of the General Fund for human services grants, however no recommendation was made. Finance Committee requested that staff return with additional information to evaluate funding appropriateness and grant process.

The Finance Committee met on August 6, 2024 to review funding levels for HSRAP and other human service grants and agreements and determined that a policy to tie a percentage of the general fund toward the HSRAP program was not needed at this time. Instead, the Committee focused on
understanding how we define human services on a broader sense and the way in which we engage and fund nonprofit relationships. The referral is closed.

CHSW&B 64. Facilitate a location for La Comida in North Palo Alto (12) Project Manager: Kristen O’Kane Lead Dept: CMO
Estimated Completion: Q1 Status: Completed
Project Description:

La Comida is a nonprofit organization focused on senior nutrition; it provides hot lunch meals to seniors in Palo Alto. La Comida had previously provided services at the Avenidas Senior Center on Bryant St, but after building renovations, the dining space was significantly reduced making operations infeasible.
2024 Project Milestones:

Council would like to facilitate a permanent location in North Palo Alto for ongoing senior lunch services.

Quarterly Update:

On March 11, 2024, Council directed staff to convert 445 Bryant St into a community center and to include space for La Comida to operate their senior nutrition program during weekday hours.

Significant improvements to the facility are required before occupancy.

Staff continues to work with La Comida to
finalize lease terms and facility improvements, work may take between 9 months to 2 years depending on facility upgrades.

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CHSW&B 65. Increase support and funding for youth mental health (13) Project Manager: Kristen O’Kane Lead Dept: CSD
Estimated Completion: Q2 Status: Completed
Project Description:

Staff included $100,000 in CSD’s FY 2024 Proposed Budget to support youth mental health, however; the City Council chose not to include funding until a plan is in place and referred this to the FY 2024 midyear budget process.
2024 Project Milestones:

Per Council direction, staff requested additional funding during the FY 2024 Midyear process to plan a youth mental health event with community partners, and to provide free transportation using the existing PA Link ride service for youth attending programs that support mental health. The Mayor’s Youth Mental Health Task Force may make recommendations for additional funding for FY 2025.

Quarterly Update:

The FY 2025 budget includes an ongoing allocation of $100,000 to support youth mental health programs and initiatives. In FY2025, funding will focus on two events for teens and their parents/caregivers, upgrades, and additional programming at the teen center, and other needs to be determined by youth and teens. Community Services is partnering with Palo Alto University to provide mental health training to hourly staff and middle school athletic coaches; trainings/webinars for teens and parents; positive psychology programming at the teen center, and other youth mental health support.

CHSW&B 66. Complete Trusted Response Urgent Support Team (TRUST) Augmentation pilot and evaluate the effort
Project Manager: Melissa McDonough Lead Dept: CMO
Estimated Completion: Q4 Status: On Track
Project Description:

Complete the TRUST (Trusted Response Urgent Support Team, an alternative mental health response program) augmentation pilot, including providing case management, mental health first aid trainings, and community outreach activities through the month of September 2024. Conduct an in‐progress evaluation and adjust pilot in response to what is learned. Conduct a final evaluation to determine whether pilot goals were met.
2024 Project Milestones:

Quarterly Update:

Most pilot activities concluded in August, including case management, mental health first aid training, and community outreach efforts. However, one component—the ad campaign to raise awareness and educate the public about using "988"—will continue for another year. Staff is now focused on the grant closeout process and reporting, with plans to present an informational report on the pilot program to Council in December.

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CHSW&B 67. Support visible police presence by ensuring stable staffing (recruiting and retention) through hiring ahead program (ww)
Project Manager: Andrew Binder Lead Dept: PD
Estimated Completion: Q4 Status: On Track
Project Description:

Maintain a pipeline of recruits for police officer staffing up to an additional five officers via a hire‐ ahead program.
2024 Project Milestones:

Pending existing vacancies being filled.

Quarterly Update:

As of September 2024, the Police Department has one Full Time Equivalent (FTE) Police Officer position that is vacant. Once the vacancy is filled, the next priority will be on the hire‐ahead program for the recruitment of an additional five officers. Currently, there are four officers in the field training program, seven recruits in the police academy, and one recruit in pre‐academy training. Recruitment challenges across the profession are continuing; once existing vacancies are filled, the hire ahead program will begin. The hire‐ahead positions were not resourced, only authorized. No impact to salary savings.

CHSW&B 68. Initiate upgrade of Police Department field based video hardware Project Manager: Nicole Frazier Lead Dept: PD
Estimated Completion: Q4 Status: Completed
Project Description:

Request for Proposal (RFP) to replace the existing mobile video (MAV), body‐worn camera (BWC), and interview room (IR) systems
2024 Project Milestones:

Collaborate with vendor to draft contract for solution.

Quarterly Update:

Council approval to engage in contract with LensLock was received on June 18, 2024. Project kickoff started in July with full deployment expected to be done by the end of the year in coordination with the phased move into the new public safety building.

CHSW&B 69. Approve vendor selection for 911 dispatch system (CAD provider) (yy) Project Manager: Nicole Frazier Lead Dept: PD
Estimated Completion: Q3* Status: Behind Schedule
Project Description:

The Police Department is working with its consortium partners (Mountain View and Los Altos) to identify a new CAD system to replace the legacy system version. Staff will return to Council with a recommendation for purchasing a new CAD system.
2024 Project Milestones:

Collaborate with consortium partners to narrow down proposals and conduct site visits for finalists with a decision to be made by April.

Quarterly Update:

The Department conducted vendor demonstrations with the three finalists to review the systems.

Upon completion of demonstrations the Department selected Sun Ridge, Inc as the preferred vendor.

The City of Los Altos is the contractual agent for the Consortium project and is coordinating contract negotiations with partner cities and the vendor.

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The contract has been reviewed by all three cities and is scheduled to go to Council for consent on November 12, 2024.

*The revised estimated completion date is Q4

CHSW&B 70. Approve updated Local Hazard Mitigation Plan (aaa) Project Manager: Ken Dueker Lead Dept: OES
Estimated Completion: Q3 Status: Completed
Project Description:

Office of Emergency Services (OES) will be coordinating with the County on updates to emergency plans, including the Palo Alto Local Hazard Mitigation Plan (LHMP). 2024 Project Milestones:

The Santa Clara County timeline should facilitate completion in 2024.

Quarterly Update:

The Santa Clara County Multi‐Jurisdictional Hazard Mitigation Plan (MJHMP), Volume I and the associated Jurisdictional Annexes, Volume II, has been approved by the State and by FEMA. Council adopted Volume I and The Palo Alto Annex to Volume II on October 7, 2024.

CHSW&B 71. Update Foothills Fire Management Plan & Community Wildfire Protection Plan (bbb) Project Manager: Ken Dueker Lead Dept: OES
Estimated Completion: Q4 Status: On Track
Project Description:

Staff is working on various efforts related to improving the City’s planning in collaboration with Santa Clara County and other allied agencies and entities. Efforts include not only emergency planning, but also early warning technology, and updating operational and procedural elements within the City organization to mitigate the risks associated with a fire in the foothills.

NOTE: The Foothills Fire Management Plan/Community Wildfire Protection Plan (FFMP/CWPP) is a multi‐year plan with OES, Fire Department, Public Works, Utilities, Community Services Department coordinated via the Foothills Fire Management Team (aka Foothills Wildfire Coordination Team). 2024 Project Milestones:

Staff will release a 2024 update to the FFMP/CWPP by Q3.

Staff is also pursuing a service agreement with the Santa Clara County Firesafe Council to perform the schedule of required treatments each year in conjunction with some support from the City.

The Fire Department and OES
are in the process of evaluating certain remote fire detection equipment in cooperation with the Fire Safe Council and local partner agencies.

Quarterly Update:

The update to the FFMP/CWPP is underway. Some of the fuel reduction efforts include:

Staff submitted a federal hazard mitigation grant through the State and to FEMA in September 2023 for Eucalyptus removal. While we have not received notification of the status of this grant, it is unlikely that we will receive it. Staff is attempting to gain clarity on the results.

The City is contracting with the SCC Fire Safe Council to perform fuels reduction along Page Mill Road and Arastradero Road in 2024 and pursuing a multi‐year contract for broader fuels reduction work over a 3‐
5 year time horizon.

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Additionally, the Public Works department completed fuels reduction work prescribed for Los Trancos Road in May 2024 and the Community Services Department is performing the annual treatments in Arastradero and Foothills Nature Preserves.

Also, Palo Alto Fire Department has completed their annual wildfire urban interface (WUI) residential inspections. Twelve N5 Sensors were installed in the Foothills to detect the earliest stages of wildland fire, as well as track fire movement, smoke and monitor hazardous air quality. PAFD and OES are collaborating with the Santa Clara County FireSafe Council, Woodside Fire Protection District, Stanford University and the Department of Homeland Security to install a total of 50 sensors in the wildland urban interface areas in Palo Alto, Stanford and Woodside Fire District. Public communications are planned, including a dedicated website to share the value of these sensors to public safety.

CHSW&B 72. Complete construction of the new Public Safety Building including department move‐ in (ccc)
Project Manager: Holly Boyd Lead Dept: PW
Estimated Completion: Q3* Status: Behind Schedule
Project Description:

Complete construction of the new Public Safety Building followed by furniture and equipment installation, communication testing and set‐up.
2024 Project Milestones:

Complete construction of the project and move public safety departments into the fully operational building.

Quarterly Update:

As of late September, the project is 99% complete.

Staff is working on a phased temporary occupancy for the Public Safety Building, but if that is not successful the temporary occupancy could be delayed by several weeks due to ADA and other compliance issues needed for temporary occupancy. The
on‐site construction trailers were removed
in early September and restoration of the courthouse parking lot was also started. Furniture install was completed at the end of September. Once temporary occupancy is obtained, a phased move‐in of the public safety departments will begin.

* Revised estimated completion is now Q4.

CC&NE 73. Council award of construction contract for Fire Station No. 4 Replacement (ddd) Project Manager: Holly Boyd Lead Dept: PW
Estimated Completion: Q4* Status: On Track
Project Description:

Complete design and award a construction contract to re‐build Fire Station No. 4. 2024 Project Milestones:

Complete design, construct temporary facility, and award a construction contract in the Fall 2024.

Quarterly Update:

Staff completed the Fire Station #4 design and submitted for building permit review and continues to work on the design for the temporary station. Staff is addressing the second round of building review comments and ensuring the design is able to accommodate needs for electric vehicle charging Item 12
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infrastructure. Staff is planning on issuing the Invitation to Bid (IFB) for the temporary station in October, with construction of the temporary station starting shortly after. The pre‐qualification for the construction IFB was issued on August 26 and is due on October 1. Staff anticipates issuing the construction IFB in Q1 2025.

* Based on the estimated progress, completion date may be Q1 2025.

CC&NE 74. Enhance Caltrain Safety and security
Project Manager: Ripon Bhatia Lead Dept: OOT
Estimated Completion: Q4 Status: On Track
Project Description:

Explore opportunities to improve the safety and security along the Caltrain corridor Augment Caltrain security fencing efforts by installing wire mesh on fencing adjacent to residential side of the tracks.
2024 Project Milestones:

Coordinate with Caltrain to identify segments and develop a plan to implement security fencing.

Quarterly Update:

Caltrain staff developed the fence replacement project plans and specifications. The project is out to bid for construction with bid opening in early October. The project scope includes replacing 3000 LF of existing fence with new 9 ft high fence w/winglets. It also includes an alternative bid of approx. 1000LF of additional fencing. Staff is coordinating with Caltrain staff for understanding the needs of additional funding. In addition, staff is working with Caltrain staff on seeking additional technologies to improve safety and security along the corridor.

CHSW&B 75. Approve consulting contract to initiate work, including stakeholder engagement, related to the Seismic and Resiliency Ordinance (eee)
Project Manager: George Hoyt Lead Dept: PDS
Estimated Completion: Q4 Status: On Track
Project Description:

Comprehensively update the City’s seismic rehabilitation ordinance with mandatory and voluntary measures to seismically strengthen vulnerable buildings. 2024 Project Milestones:

Release a request for proposals and present an award a contract for engineering and professional consulting services to the City Council for action. Upon acceptance, initiate the project and public engagement strategies as detailed in the scope of work. (Q4) Quarterly Update:

A Request for Proposals closed on June 27, 2024; two firms replied. Staff will conduct interviews in October and anticipates making a consultant selection recommendation to Council in November or December.

CC&NE 76. Initiate work to conduct a Quiet Zone study at Churchill Ave, Meadow Drive, and Charleston Rd and begin initial analysis and regional stakeholder outreach Project Manager: Ripon Bhatia Lead Dept: OOT
Estimated Completion: Q1 Status: Completed
Project Description:

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Conduct a quiet zone study analysis for implementation of Quiet Zone(s) at Churchill Avenue, Meadow Drive, and Charleston Road
2024 Project Milestones:

Procure the professional services of a consultant to conduct the study. Perform data collection and conduct initial analysis. Seek input from California Public Utilities Commission, Federal Railroad Administration, Caltrain and other entities for development of conceptual plan.

Quarterly Update:

Staff has procured the services of the consultant to perform this study. The consultant has prepared the initial finding report based on existing conditions and Federal Railroad Administration (FRA) requirements. The initial findings of the report was reviewed by the Rail Committee at their August meeting. Staff is now planning to develop conceptual plans and coordinate a diagnostic meeting with Caltrain, FRA and CPUC staff. Staff plans to bring the final report and conceptual plan for the City Council review and approval in the fall of 2025.

CHSW&B 77. Implement strategies for promoting unleaded fuel and phasing out of leaded fuel (ggg) Project Manager: Andy Swanson Lead Dept: PW
Estimated Completion: Q4 Status: Completed
Project Description:

Complete upgrades at Airport facilities to provide for the sale of unleaded fuel, bring unleaded fuel to the Airport, and work with users to promote use of the fuel. 2024 Project Milestones:

Complete infrastructure upgrades and provide unleaded fuel at the Airport. Develop and begin implementing a multi‐phase plan to phase out the use of leaded fuel.

Quarterly Update:

The Airport completed infrastructure upgrades in December 2023, and the 94 octane unleaded fuel became available for purchase in January 2024. The Airport developed a multi‐phase plan to reduce the use of leaded fuels in the near term and to cease sales of leaded fuels no later than 2030. The plan was shared with Council as part of the September 16 study session, and staff is now working on its implementation.

CHSW&B 78. Continue engagement with San Francisco Airport on SFO's Ground Based Augmentation System (GBAS) project and other potential opportunities to decrease SFO noise impacts on Palo Alto (iii)
Project Manager: Andy Swanson Lead Dept: PW
Estimated Completion: Q4 Status: On Track
Project Description:

Complete consultant review of SFO Ground Based Augmentation System (GBAS) proposal and consider submitting a comment letter, while tracking other issues that may arise. 2024 Project Milestones:

Continue working on SFO noise issues as needed.

Quarterly Update:

City staff and Mayor Stone continue to engage with SFO Airport Director Ivar Satero and other SFO staff on the GBAS project and other possibilities for decreasing the impacts of aircraft noise over Palo Alto. A meeting with SFO staff to discuss potential next steps is scheduled for early October.

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Item No.1. Page 1 of 1

City Council
Supplemental Report
From: Mahealani Ah Yun, City Clerk
Meeting Date: October 28, 2024
Item Number: 1
Report #:2410-3661
TITLE
Supplemental Report - Interview Candidates for a Vacancy on the Parks and Recreation Commission. CEQA Status - Not a project.

DISCUSSION
On October 21, 2024, the City Council directed that all candidates for the Parks and Recreation Commission will be scheduled for interviews. The interview schedule for October 28, 2024 is listed below.
5:35 PM Vadim Axelrod
5:45 PM Marc Schoenen
5:55 PM Yudy Deng
6:05 PM James Fox
6:15 PM Christopher Alan Brosnan
6:25 PM Rebecca Shomair
APPROVED BY:

Mahealani Ah Yun, City Clerk
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Palo Alto City CouncilOctober 28, 2024

Palo Alto City Council
October 28, 2024