Palo Alto City Council
December 2, 2024

AMENDMENT NO. 2 TO CONTRACT NO. C20176877

BETWEEN THE CITY OF PALO ALTO AND

SCHAAF & WHEELER CONSULTING ENGINEERS

This Amendment No. 2 (this “Amendment”) to Contract No. C20176877 (the “Contract” as defined below) is entered into as of November 18, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and SCHAAF & WHEELER CONSULTING ENGINEERS, a California corporation, located at 4699 Old Ironsides Drive (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.

R E C I T A L S

A. T he Contract (as defined below) was entered into by and between the P arties to provide engineering design, analysis, planning and construction management support in connection with the Corporation Way System Upgrades and Pump Station and West Bayshore Road Pump Station and Trunk Line Improvement Project, as detailed therein.

B. T he Parties now wish to amend the Contract in order to (1) increase compensation by Seventy-Seven Thousand Three Hundred Sixty Dollars and Four Cents ($77,360.04), from Seven Hundred Eighty-Nine Thousand Nine Hundred Eighteen Dollars ($789,918 .00) to a new not- to- exceed total compensation of Eight Hundred Sixty -Seven Thousand Two Hundred Seventy-Eight Dollars and Four Cents ($867,278.04); (2) update the Schedule of Performance ; (3) update the Schedule of Rates; and (4) extend the contract term by twenty-seven (27) months through February 28, 2026, as detailed herein.

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

SECTION 1. Definitions. The following definitions shall apply to this Amendment:

a. Contract. The term “Contract” shall mean C ontract No. C20176877 between CONSULTANT and CITY, dated June 15, 2020, as amended by:

Amendment No.1, dated March 11, 2024

b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.

SECTION 2. Section 2 “TERM” of the Contract is hereby amended to read as follows:

“The Term of the Agreement shall be from the date of its full execution through February 28, 2026 unless terminated earlier pursuant to Section 19 of this Agreement.”

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C20176877, Amendment
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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 described in Exhibit “A” (also referred to herein as the “Basic Services”), and any reimbursable expenses specified in Exhibit C, entitled “COMPENSATION”, shall not exceed Seven Hundred Eighty-Eight Thousand Four Hundred Thirty -Five Dollars and Thirty -Four Cents ($788,435.34) as detailed in Exhibit “C”.

CONSULTANT agrees to complete all Basic Services, including any specified reimbursable expenses, within this amount. In the event Additional Services are authorized in accordance with Section 1 (Scope of Services), the compensation for Additional Services shall not exceed Seventy -Eight Thousand Eight Hundred Forty -Four Dollars and Seventy Cents ($78,842.70), and the total compensation under this Agreement for Basic Services, Additional Services and any specified reimbursable expenses shall not exceed Eight Hundred Sixty -Seven Thousand Two Hundred Seventy-Eight Dollars and Four Cents ($867,278.04) as detailed in Exhibit C. The rate schedule, as applicable, is set out at 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 as set forth herein shall be at no cost to the CITY.

Additional Services, if any, may be authorized in accordance with and subject to the provisions of Section 1 (Scope of Services), provided that: (i) the Additional Services check box at Section 1 is selected, and (ii) a dollar amount for Additional Services is allocated in this Section 4. If either or both of these requirements are not met, or if the dollar amount for Additional Services under this Section 4 would be exceeded, then Additional Services may only be authorized by a written amendment to this Agreement as provided for in Section 27.4 herein. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of 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 NO. 2 ”, AMENDED, REPLACES PREVIOUS.

b. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.

c. Exhibit “C-2” entitled “SCHEDULE OF RATES, AMENDMENT NO. 2”, ADDED.

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.

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C20176877, Amendment
No. 2

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(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)

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SIGNATURES OF THE PARTIES

IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.

CITY OF PALO ALTO

_________________________
City Manager

APPROVED AS TO FORM:

_________________________
City Attorney or designee

SCHAAF & WHEELER, CONSULTING

CIVIL ENGINEERS

Officer 1

By:__________________________

Name:_______________________

Title:________________________

Officer 2

By:__________________________

Name:_______________________

Title:________________________

Attachments:

EXHIBIT “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.

EXHIBIT “C” entitled “COMPENSATION, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.

EXHIBIT “C-2” entitled “SCHEDULE OF RATES, AMENDMENT NO. 2”, ADDED.

Docusign Envelope ID: 77352591-804F-49FC-A166-F95A2F9B02A0 Glen M Anderson
Vice President RCE 76720
Daniel J. Schaaf, Secretary
Vice President
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)

CONSULTANT shall perform the Services to complete each milestone within the number of 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. The order for Construction Administration Services, Task H-1, H-2 and H-3 may be changed at City’s discretion. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the Notice To Proceed (“NTP”).

Task/Milestones Completion Date(s)

A. Preliminary Design Completed

B. Final Design May 10, 2024

C. Cost Estimate May 10, 2024

D. Meetings May 10, 2024

E. Work Product Submittal May 10, 2024

F. Construction Documents May 10, 2024

G. Regulatory & City Permits May 10, 2024

H. Construction Administration Services

H-1 Corporation Way System Upgrades and Pump Station February 28, 2026 H-2 West Bayshore Road Pump Station Improvement February 28, 2026 H-3 West Bayshore Trunk Line Improvement February 28, 2026 Docusign Envelope ID: 77352591-804F-49FC-A166-F95A2F9B02A0 Item 13
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C20176877, Amendment
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EXHIBIT “C”
COMPENSATION, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)

The CITY agrees to compensate the CONSULTANT for professional 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 hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below.

CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement.

BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task A $183,419.74
(Preliminary Design)

Task B $199,219.97
(Final Design)

Task C $17,889.76
(Cost Estimate)

Task D $26,624.07
(Meetings)

Task E $26,810.13
( Work Product Submittals)

Task F
(Construction Documents) $19,044.84

Task G $21,064.33
(Regulatory City Permits)

Task H
(Construction Administration Services)

H- 1 Corporation Way System Upgrade $137,458.75
and Pump Station
H- 2 West Bayshore Road Pump Station $137,458.75
H- 3 West Bayshore Road Trunk $19,445.00
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C20176877, Amendment
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Line Improvement

Sub Total Basic Services $788,435.34
Total Basic Services and Reimbursable Expense (If Any) $78 8,435.34 Additional Services (Not To Exceed) $ 78,842.70
Maximum Total Compensation $ 867,278.04

REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in- house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: $0.00 (not applicable).

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EXHIBIT “C-2”
SCHEDULE OF RATES, AMENDMENT NO. 2
(ADDED)

Hourly Rates effective March 7, 2024

Principal Project Manager $295.00
Senior Project Manager $270.00
Associate Engineer $220.00
Designer (Drafting) $175.00

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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 2, 2024
Report #:2409-3480
TITLE
FIRST READING: Adoption of an Ordinance to Move Commissioner Appointments from April to November for the Public Art Commission (PAMC Ch. 2.18), Human Relations Commission (Ch.

2.22), and Parks and Recreation Commission (Ch. 2.25); and Adoption of a Resolution Moving Storm Water Management Oversight Committee Appointments from March to November; and Extending Terms Accordingly for these Commissions; CEQA status - not a project.

RECOMMENDATION
Staff recommends Council adopt an ordinance to amend Palo Alto Municipal Code to move the appointment of members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission from April to November of each year and extending existing terms accordingly; and adopt a resolution doing the same for the Storm Water Management Oversight Committee.

BACKGROUND
On June 1, 20211, Council adopted an ordinance that consolidated the Boards and Commissions recruitment to April of each year and established Boards, Commissions and Committees (BCC) term limits. The primary objective was to implement a streamlined and unified recruitment process aimed at fostering greater civic engagement within the community. By positioning this recruitment effort as a central opportunity for residents to actively participate in municipal activities, staff goals were to emphasize the City’s commitment to inclusivity and involvement in local governance. The terms of sitting BCC members were extended to coincide with the new recruitment schedule, ensuring a more efficient, single transition.

The consolidated recruitment and appointment have caused considerable time constraints on Council’s ability to interview candidates, which has occasionally delayed appointments. At the May 13, 2024 City Council meeting 2, Council directed staff to shift the Boards and Commissions 1 City Council, June 1, 2021: Agenda Item #18;
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12023.pdf
2 City Council, May 13, 2024 Action Minutes: Action Item #12:
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recruitment process to twice a year at a time to be determined by the City Clerk, evaluate Boards and Commissions Workplan schedule, and present back to the Council on Consent. Staff is recommending that the Council move the Public Art Commission, Human Relations Commission, Parks and Recreation Commission, and Storm Water Management Oversight Committee appointments to November of each year and extend the existing terms accordingly.

On November 30, 2020, the Council adopted the Boards, Commissions and Committees Handbook3, which implemented an annual review and approval of BCC workplans. Each BCC is required to prepare an annual workplan for Council’s review and approval. BCC workplans for FY 2025 were presented to Council batched by issue area.

ANALYSIS
Currently, the City Clerk’s Office advertises for vacancies once per year for one recruitment cycle, after which the Council considers the applications, interviews desired candidates, and appoints candidates to the open positions. During the last two recruitments, the Council has conducted interviews of qualified applicants through a series of scheduled City Council Regular and Special Meetings. Council received fifty-six (56) qualified candidates for the 2023 Boards and Commission Recruitment and, as of this date, thirty-six (36) qualified candidates for the 2024 Boards and Commission Recruitment.

The proposed ordinance amendment and resolution will divide Boards and Commissions recruitments and appointments into two separate fall and spring recruitment cycles by moving the three commissions staffed by the Community Services Department to a fall cycle – Parks and Recreation, Human Relations, and Public Art. The Storm Water Management Oversight Committee will also move to a fall recruitment. Commissioners appointed during the fall cycle will have terms beginning on November 1 (or as soon as appointed thereafter). The remaining commissions are unchanged, and Commissioners will be appointed during the spring cycle beginning on April 1 (or as soon as appointed thereafter). The proposed adjustments to recruitment timing are as follows:
3 City Boards, Commissions, and Committees Handbook
https://www.cityofpaloalto.org/files/assets/public/v/2/city-clerk/palo-alto-boards-commissions-and-committees- handbook_final_2022.pdf
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Spring Recruitment
(Term begins April 1)
These commissions are unchanged.

Workplans presented to Council for
approval in Fall
Fall Recruitment
(Term begins November 1)
These commissions are moved from Spring
Recruitment.

Workplans presented to Council for approval in
Spring
•Architectural Review Board
•Historic Resources Board
•Planning and Transportation
Commission
•Utilities Advisory Commission
•Human Relations Commission
•Public Art Commission
•Parks and Recreation Commission
•Storm Water Management Oversight
Committee
Terms for the BCCs moving to the fall cycle will be extended to match the adopted recruitment schedule, and will still be considered one term for the purpose of determining term limits. Those eligible to serve another consecutive term will be unaffected by this change.

Municipal Code sections relating to the affected BCCs’ terms of office will be amended to reflect that, effective January 1, 2025, terms expiring on March 31 each year will be extended to October 31 of the same year, with all subsequent terms beginning November 1. Similarly, the resolution establishing the Storm Water Management Oversight Committee will be amended to extend existing terms from March to the end of October of each year, and subsequent terms will also begin on November 1.

Should a mid-term vacancy occur, the Council may fill it during the next regularly scheduled recruitment or may hold a special recruitment, at its discretion.

Staff has identified timing for Board and Commission workplan joint presentations to Council in alignment to the proposed recruitment cycle/appointment date. This allows for new members to participate in developing workplans.

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, Planning & Development Services, Community Services, and Utilities Departments collaborated on the proposed recruitment changes.

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ENVIRONMENTAL REVIEW
This action is not a project under section 15378(b)(5) 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: Ordinance Amending Sections of Title 2 (Administrative Code) to Move the Terms of the Public Art Commission, Parks and Recreation Commission, and Human Relations Commission April to Begin in November of Each Year, and Extending Terms Accordingly.

Attachment B: Resolution Amending and Restating Resolution 9969 to Move the Term from March to Begin in November for Members of the Storm Water Management Oversight Committee and Extending Terms Accordingly.

APPROVED BY:

Mahealani Ah Yun, City Clerk
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Ordinance No.

Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2 (Administrative Code) of the Palo Alto Municipal Code to Move the Appointment of Members to the Public Art Commission, Human Relations Commission, and Parks and Recreation Commission to November of Each Year and Extending Existing Terms Accordingly

The Council of the City of Palo Alto ORDAINS as follows:

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

A. The City has several statutory boards and commissions. See Palo Alto Municipal Code Chapters 2.18 et seq.;
B. Existing PAMC section 2.16.070 requires that the City Council make regularly-scheduled appointments to boards and commissions in April of each year; C. The City Council intends to move the appointment process to November for three commissions: the Public Art Commission, the Human Relations Commission, and the Parks and Recreation Commission; and
D. The City Council intends that the extensions of terms made in this ordinance are in addition to those made in Ordinance 5529 that were effective January 1, 2022.

SECTION 2. Section 2.16.070 (Schedule of appointments) of Chapter 2.16 (Boards and Commissions Generally) of Title 2 (Administrative Code) is hereby amended as follows (additions are in underline, deletions are in strikethrough):

2.16.070 Schedule of appointments.

(a) The City Council shall review applications to fill vacancies in the following boards and commissions in by April of each year:
(1) Human Relations Commission (Chapter 2.22)
(2) Public Art Commission (Chapter 2.18)
(31) Utilities Advisory Commission (Chapter 2.23)
(42) Architectural Review Board (Chapter 2.21)
(53) Historic Resources Board (Chapter 2.27)
(6) Parks and Recreation Commission (Chapter 2.25)
(74) Planning and Transportation Commission (Chapter 2.20) (b) The City Council shall review applications to fill vacancies in the following boards and commissions by November of each year:
(1) Public Art Commission (Chapter 2.18)
(2) Human Relations Commission (Chapter 2.22)
(3) Parks and Recreation Commission (Chapter 2.25)
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Attachment A - Ordinance
Moving Three
Commissions to
November Recruitment

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(bc) The City Council shall fill vacancies in all other boards and commissions, if any, in April of each year or at another time, at its discretion.
(cd) The City Council may fill mid -term vacancies during the next regularly scheduled recruitment for the board or commission or may hold a special recruitment, at its discretion.

Special recruitments shall be subject to the requirements of Section 2.16.060.

SECTION 3. Section 2.18.040 (Term of office) of Chapter 2.18 (Public Art Commission) is hereby amended as follows:

2.18.040 Term of office.

Terms of office on the Public Art Commission shall be three years. Effective January 1, 2022, terms of office due to expire on May 31 of each year shall be extended to expire on the March 31 of the following year, and thereafter terms of office shall commence on April 1. Effective January 1, 2025, terms of office due to expire on March 31 of each year shall be extended to expire on October 31 of the same year, and thereafter terms of office shall commence on November 1. If a successor is unavailable, a member may remain in office until his or her successor is appointed, subject to the limits in Section 2.16.080.

SECTION 4. Se
ction 2.22.020 (Term of office) of Chapter 2.22 (Human Relations Commission) is hereby amended as follows:

2.22.020 Term of office.

Terms of office on the Human Relations Commission shall be three years. Effective January 1, 2022, terms of office due to expire on May 31 of each year shall be ex tended to expire on the March 31 of the following year, and thereafter terms of office shall commence on April 1.

Effective January 1, 2025, terms of office due to expire on March 31 of each year shall be extended to expire on October 31 of the same year, and thereafter terms of office shall commence on November 1. If a successor is unavailable, a member may remain in office until his or her successor is appointed, subject to the limits in Section 2.16.080.

SECTION 5. Section 2.25.030 (Term of office) of Chapter 2.25 (Parks and Recreation Commission) is hereby amended as follows:

2.25.030 Term of office.

Terms of office on the parks and recreation commission shall be three years. Commission appointments shall be staggered so that in each three -year cycle three members are appointed to serve during the first year, four members are appointed to serve during the second year, and no members are appointed to serve during the third year. Effective January 1, 2022, terms o f office due to expire on December 15 of each year shall be extended to expire on March 31 of the following year, and thereafter terms of office shall commence on April 1. Effective January 1, 2025, terms of office due to expire on March 31 of each year sh all be extended to expire on Item 14
Attachment A - Ordinance
Moving Three
Commissions to
November Recruitment

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October 31 of the same year, and thereafter terms of office shall commence on November 1. If a successor is unavailable, a member may remain in office until his or her successor is appointed, subject to the limits in Section 2.16.080.

SECTION 6. A term of office extended by this Ordinance and/or Ordinance 5529 shall still be considered one term for the purpose of determining term limits under PAMC section 2.16.080 (Term Limits).

SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 8. The Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act as it is not a “project” within the meaning of CEQA.

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Moving Three
Commissions to
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SECTION 9. This Ordinance shall be effective 31 days after adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

NOT PARTICIPATING:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
City Clerk

____________________________
Director of Community Services

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Moving Three
Commissions to
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Resolution No. ____

Resolution of the Council of the City of Palo Alto Amending and Restating Resolution 9969 to Move the Recruitment Period of Committee Members of the Storm Water Management Oversight Committee to November

R E C I T A L S

A. On November 14, 2005, the City Council adopted Resolution No. 8573, establishing the Storm Drain Oversight Committee to review the proposed operating and capital budget of the Storm Drainage Fund and the year-end financial report documenting the expenditures of the Storm Drainage Fund in the previous fiscal year.

B. On August 29, 2016, the City Council adopted Resolution No. 9624, calling a Mail Ballot Election in connection with the City’s proposed Storm Water Management Fee.

C. On October 24, 2016, the City Council adopted Resolution No. 9635, proposing a Storm Water Management Fee to replace the Storm Drainage Fee, calling a Public Hearing for October 24, 2016 with respect to such Fee and adopting Procedures relating to the conduct of a Protest Hearing and Mail Ballot Election.

D. On May 1, 2017, the City Council adopted Resolution 9677, which replaced the Storm Drain Oversight Committee with the Storm Water Management Oversight Committee.

E. On June 21, 2021, the City Council adopted Resolution 9969, which imposed term limits on members of the Storm Water Management Oversight Committee by amending and restating Resolution 9677. The City Council also moved the recruitment period to March from the past practice of May appointments.

F. The City Council now intends to move the recruitment period to November to coincide with other boards and commissions with the same recruitment period. Existing terms will be extended to October 31. Going forward, terms will begin on November 1.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:

SECTION 1. The Storm Drain Oversight Committee is decommissioned effective May 31, 2017.

SECTION 2. Committee Established. The City of Palo Alto Storm Water Management Oversight Committee is hereby created to review proposed storm water management capital improvements and operating programs to be funded from the Storm Water Management Fees and to monitor expenditures of the fund.

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Attachment B -
Resolution Moving
Recruitment for the
SWMOC to November

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SECTION 3. Committee Membership and Appointment. The Committee shall consist of seven members who are selected and appointed by the City Council for a term of four years.

Committee members shall serve without compensation. Each Committee member shall be a resident of Palo Alto, an employee of a business located in Palo Alto or an owner of real property within the City. No member shall be a council member, officer or employee of the City. Effective January 1, 2022, terms of office due to expire on May 31 of each year shall be extended to expire on March 14 of the following year, and thereafter terms of office shall commence on March 15.

Effective January 1, 2025, terms of office due to expire on March 14 of each year shall be extended to expire on October 31 of the same year, and thereafter terms of office shall commence on November 1.

SECTION 4. Term limits. Effective January 1, 2022, no person may serve more than two consecutive terms of office as a member of the Committee. (a) For the purposes of this section, a member will be considered to have served a term of office if he or she serves more than two years within one term. (b) A member’s service that began on or before January 1, 2022 shall count under the provisions of this section only for those members who served for at least one day on the Committee between January 1, 2021 and January 1, 2022. Notwithstanding the previous sentence, members on Committee as of January 1, 2022 shall be permitted to complete their term.
(c) A member who has served two consecutive terms of office may remain as a member of the Committee for up to six months past the end of the term if no replacement is appointed or until a replacement is appointed, whichever comes first. (d) A member who has served two consecutive terms of office shall not be appointed to the Committee within one year of the last date of service.

SECTION 5. Committee Duties. The Committee shall discharge its oversight duties by:

(a) Meeting at least once a year to review the proposed operating and capital budgets of the Storm Water Management Fund for the next fiscal year. The Committee shall prepare a report documenting its findings with respect to the proposed budget and submit the report to the Finance Committee of the City Council prior to June 30th each year.
(b) Meeting at least once a year to review the year-end financial report documenting the expenditures of the Storm Water Management Fund in the previous fiscal year.

The Committee shall prepare a report documenting its findings with respect to the expenditures and submit the report to the City Council prior to May 31st each year.

SECTION 6. Meeting Procedures. The Committee shall conduct open public meetings, duly noticed in accordance with the Ralph M. Brown Act. The Committee may establish rules and procedures governing the conduct of its meetings.

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SECTION 7. The City Clerk is directed to place advertisements announcing Committee vacancies in a newspaper of general circulation in the City, two times within a two week period.

SECTION 8. This resolution supersedes Resolution 9969.

SECTION 9. This resolution shall be effective January 1, 2025.

SECTION 10. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary.

INTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST: APPROVED:

___________________________________ ____________________________________ City Clerk Mayor

APPROVED AS TO FORM:

___________________________________ ____________________________________ Assistant City Attorney City Manager

____________________________________
Director of Public Works

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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 2, 2024
Report #:2411-3809
TITLE
SECOND READING: Adoption of an Ordinance Continuing the Temporary Program to Expand Outdoor Dining, Retail and Other Activities on Public and Private Property through June 30, 2025; CEQA status - Exempt under Sections 15301, 15303, and 15304 of the CEQA Guidelines (FIRST READING: November 18, 2024 PASSED 7-0)

BACKGROUND
The City Council heard this item on November 18, 2024 for a first reading and approved it on a 7-0 vote. No changes were made to the ordinance, and it is now before the City Council for a second reading.

ATTACHMENTS
Attachment A: Interim Ordinance Extending Outdoor Dining through June 2025 APPROVED BY:

Mahealani Ah Yun, City Clerk
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Ordinance No. _____
Interim Ordinance of the Council of the City of Palo Alto Temporarily Continuing the Expansion of Outdoor Dining, Retail and Other Activities on Public and Private Property and Relaxing Regulations Regarding Onsite Parking, On-Sale of Alcohol, Design/Architectural Review, Permit Fees, and Alcohol Consumption in Public Places, All to Facilitate Such Outdoor Use.

The Council of the City of Palo Alto ORDAINS as follows:

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

A. On June 23, 2020, the City Council adopted Ordinance 5500, an emergency ordinance, in response to COVID -19 and its effects on local businesses. At that time and since then, county and state regulations related to COVID -19 have limited or curtailed many indoor activities, including dining, bars, retail, performances, and other recreational uses.

B. In June 2021, the City Council adopted Ordinance 5526, which amended and restated Ordinance 5500 on a non-emergency basis (among other changes).

C. On November 8, 2022, the City Council adopted Ordinance 5533, which amended and restated Ordinance 5526 with a sunset date of June 30, 2022.

D. In May 2022, t he City Council adopted Ordinance 5551, which amend ed and restate d Ordinance 5533 to extend its provisions through December 31, 2022.

E. In October and November 2022, the City Council adopted Ordinance 5572, which amended and restated Ordinance 5551 to extend its parklet provisions through June 30, 2023 and the remainder of its provisions through December 31, 2023.

F. In May 2023, the City Council adopted Ordinance 5584 to extend the parklet provisions of this ordinance until March 31, 2024. The remainder of the ordinance will sunset on December 31, 2023 as previously adopted.

G. In November 2023, t he City Council adopted Ordinance 5603 to extend the on -street dining provisions of this ordinance until December 31, 2024.

H. In March 2024, the City Council adopted Ordinance 5618 to extend the parklet provisions of this ordinance until August 1 , 2024; delay aspects of enforcement of the permanent (ongoing) parklet ordinance 5594 to November 1, 2024 for parklets in transition ; and extend parking lot uses through December 2024.

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Ordinance Extending
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June 2025

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I. On June 17, 2024, the City Council adopted Ordinance 5630 to allow the provisions to continue to be applied to the area of Ramona Avenue currently closed to vehicular traffic through March 2025, and apply license fees to this area consistent with the fees imposed under the ongoing parklet program.

J. The City Council now desires to allo w this ordinance to continue through June 30, 2025, subject to Council amendment or repeal . It also now desires to end the provisions allowing certain uses of public and private parking lots authorized by previous versions of this ordinance in favor of issuing leases under existing law to businesses that do not have street frontage for a parklet or at- grade uses under this ordinance or under PAMC Ch.

12.11. SECTION 2. City Manager Authorization
The City Manager or his or her designee(s) may promulgate guidelines and implementing regulations for the uses and programs described in this Ordinance as long as such regulations do not conflict with this Ordinance.

SECTION 3. Fees and Fee Waivers for Encroachment Permits and Parking Space Closures A. The permit fees set forth in the Municipal Fee Schedule are temporarily waived for applications for encroachment permits under Palo Alto Municipal Code Section 12.12.010 and Section 12.12.020, as modified by this Ordinance, to place structures and equipment in the public right-of-way (including closed streets and sidewalks) for purposes of outdoor dining and outdoor retail sales and display of wares.

B. The parking space closure fee in the Municipal Fee Schedule collected by the Department of Planning and Development Services is temporarily waived for the use of a parking space(s) on-street or in a parking lot for purposes of outdoor dining and outdoor retail sales and display of wares as authorized through an encroachment permit, license, or agreement with the City.

C. As a requirement for a permit issued under this Ordinance, a fee shall be imposed and collected to use the right -of-way on the portion of Ramona Avenue closed to vehicular traffic. The fee imposed shall be same fee and rate established for the license fee for parklets under PAMC Chapter 12.11.

SECTION 4. Modified Review Process for Commercial Sidewalk Encroachment Permits Notwithstanding contrary provisions of PAMC Section 12.12.020, permits may be granted for commercial sidewalk encroachments for outdoor retail sales and display areas and outdoor eating areas. Permits for these purposes shall not be required to undergo and complete design review by the Planning Department described in subsection (d) of Section 12.12.020. Except as expressly modified herein, the provisions of Section 12.12.020 shall apply to commercial sidewalk encroachments.

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Ordinance Extending
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June 2025

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SECTION 5. Eating and Drinking Establishments
Eating establishments, and drinking establishments may temporarily relocate some or all of their existing indoor seating capacity to outdoor seating capacity, as follows:

A. Location. Outdoor eating areas may be placed in one or more of the following areas:

1. Public streets temporarily closed by the City of Palo Alto, through issuance of an encroachment permit under PAMC Section 12.12.010;

2. Sidewalks through issuance of an encroachment permit under PAMC Section

12.12.020, as modified by Section 4 of this Ordinance;

3. In on -street parking spaces approved for use as temporary parklets , in accordance with the Pilot Parklet Demonstration Project as first approved by Council Resolution No. 9909 and continued by subsequent resolutions;

4. [Reserved].

5. Other outdoor areas on the eating /drinking establishment site not originally permitted for outdoor seating in the establishment’s approved site plan or planning entitlement ( such as landscaped areas ), through issuance of an approval by the Director of Planning, or his or her designee, in accordance with subsections C and D of this Section, below; and

6. In other areas that the Council identifies by resolution or ordinance.

B. [Reserved].

C. Application. A n application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of an eating /drinking establishment’s permitted indoor restaurant seating to outdoor seating in privately-owned areas on the eating/drinking establishment site not originally permitted for outdoor eating. The Director of Planning is authorized to establish submittal requireme nts and procedures. Temporary Use Permit s (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section

18.42.050. The Planning Director may extend a TUP issued prior to the effective date of this Ordinance to be valid beyond 45 days.

D. Seating Layout Review. A Seating Layout Review is required to relocate some or all of an eating/drinking establishment’s permitted indoor seating to outdoor seating in privately- owned areas on the eating /drinking establishment site not originally permitted for outdoor eating. The Seating Layout Review shall be conducted by a transportation Item 15
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Ordinance Extending
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June 2025

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planner, planner, and/or fire inspector who will review and either approve or require modifications to the proposed outdoor seating layout based on the following criteria:

1. Seating layout does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor seating is to be placed in parking lots or on-street parking spaces.

2. Seating layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act.

3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards for tents, and safety standards set forth by the National Fire Protection Association for fire-resistant tents and must include an affixed manufacturer’s label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment.

4. Any heaters must comply with fire codes.

5. An adequate and visible barrier is placed that clearly separates the retail area from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning.

6. Other requirements established in the standards and guidelines issued by the Director of Planning.

E. Fee. No fee will be charged for submittal and review of the Application and for conducting a Seating Layout Review.

F. Occupancy. Total seating occupancy (including all indoor and outdoor seating) shall not exceed the overall occupancy for which the restaurant is permitted.

G. Alcohol Service. Establishments that are allowed by the City to serve alcohol for onsite consumption by issuance of a conditional use permit (“CUP”) as required by PAMC Section

18.42.090 or as a legal nonconforming use, and that both have an on -sale license from the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC to serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite consumption in such outdoor areas, notwithstanding any prohibition on outdoor alcohol service or consumption in the PAMC or planning entitlement issued under Title 18 (Zoning) of the PAMC. During the effecti ve period of this Ordinance, establishments that meet the preceding requirements may expand their footprint to outdoor areas without an amendment of the CUP, notwithstanding PAMC Section 18.42.090(c). Outdoor alcohol service shall be in full compliance with ABC regulations, as amended.

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Ordinance Extending
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H. No Architectural Review . Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed outdoor eating areas or signage related to such areas during the effective period of this Ordinance.

SECTION 6. Retail Establishments
Retail establishments may temporarily relocate some or all of their existing customer-accessible square footage to outdoor spaces as follows:

A. Location. Outdoor retail sales and display areas and outdoor eating areas may be placed in one or more of the following areas:

1. Public streets temporarily closed by the City of Palo Alto, through issuance of an encroachment permit under PAMC Section 12.12.010;

2. Sidewalks through issuance of an encroachment permit under PAMC Section

12.12.020, as modified by Section 4 of this Ordinance;

3. [Reserved]

4. Other outdoor areas on the retail establishment site not originally permitted for retail sales and display or dining in the retail establishment’s approved site plan or planning entitlement (such as landscaped areas), through issuance of an approval by the Director of Planning or his or her designee in accordance with subsections C and D of this Section, below; and

5. In other areas that the Council identifies by resolution or ordinance.

B. [Reserved].

C. Application. An application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of a retail establishment’s customer-accessible square footage to outdoor retail sales and display in privately-owned areas on the retail establishment site not originally permitted for outdoor retail sales and display . The Director of Planning is authorized to establish submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section

18.42.050. The Planning Director may extend a TUP issued prior to the eff ective date of this Ordinance to be valid beyond 45 days.

D. Merchandise or Seating Layout Review. A Layout Review is required to relocate some or all of a retail establishment’s permitted indoor customer -accessible square footage to privately-owned areas on the retail establishment site not originally permitted for retail.

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June 2025

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inspector who will review and either approve or require modifications to the proposed retail layout based on the following criteria:

1. The placement of the merchandise, displays, or other items does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor seating is to be placed in parking lots or on-street parking spaces.

2. The layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act.

3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards for tents, and safety standards set forth by the National Fire Protection Asso ciation for fire-resistant tents and must include an affixed manufacturer’s label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment.

4. Any heaters must comply with fire codes.

5. An adequate and visible barrier is placed that clearly separates the retail area from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning.

6. Other requirements established in the standards and guidelines issued by the Director of Planning.

E. Fee. No fee will be charged for submittal and review of the Application and for conducting a Layout Review.

F. No Architectural Review . Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed outdoor retail areas or signage related to such areas during the effective period of this Ordinance.

SECTION 7. Compliance with Other Regulations, Orders and Approvals The uses of public and private property allowed in this Ordinance shall be conducted in compliance with any applicable state or county mandate (including executive orders and health orders), this Ordinance, Resolution No. 9909 and its successors, and all other local and state regulations, orders, and approvals, as applicable (collectively, “Applicable Law”). Any approval, allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to public health, safety or welfare.

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Ordinance Extending
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June 2025

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SECTION 8. No Vested Rights
The outdoor uses of public and private property allowed in this Ordinance are temporary and shall be terminated upon the earlier of the date stated in the applicable permit/approval or the expiration of this interim Ordinance , unless earlier revoked by the City Manager or other authorized official (or their designee) or terminated by action of the City Council . The City may discontinue one or more, or all, of the allowed outdoor uses at any time if the City Manager or designee determines that the public health, safety or welfare warrant such action. Nothing in this Ordinance shall establish a vested right.

SECTION 9. Suspension of Prohibition on Alcohol Consumption in Lytton Plaza and Cogswell Plaza
Notwithstanding PAMC Sections 22.04.330 and 22.04.331, the City Manager is authorized to suspend the prohibition on consumption of alcoholic beverages in the parking lots adjacent to Lytton Plaza and Cogswell Plaza.

SECTION 10. Reserved.

SECTION 11. Personal Services, Indoor Recreation and Other Uses The authorized outdoor uses of public and private spaces authorized in this Ordinance may be applied to personal services, indoor recreation and other uses. Prior to authorizing these additional activities to occur, the City Manager, or his or her designee (“City Manager”), shall adopt rules, regulations, guidelines, and standards for these uses, and publish them on the City’s website.

SECTION 12. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 13. Environmental Review
The Council finds that the Ordinance is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) , 15303 (new construction of small structures), and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment).

SECTION 14. Effective Date and Sunset Dates
This Ordinance shall be effective 31 days after adoption and remain in effect until June 30, 2025 subject to Council amendment and/or repeal.

The City may adopt regulations for the orderly wind-down of the programs implemented by these provisions, including setting deadlines for teardown and removal.

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Ordinance Extending
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SECTION 15. Uncodified
This Ordinance shall not be codified.

SECTION 16. Supersedes Ordinance 5630
As of the effective date of this Ordinance, this Ordinance shall supersede Ordinance 5630, and any conflict shall be resolved in favor of this Ordinance.

SECTION 17. Fee is not a Tax
The fee in this Ordinance is a charge imposed for the use of local government property. Pursuant to Art. XIII C, Section 1(e)(4) of the California Constitution, this fee is not a tax.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

NOT PARTICIPATING:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Director of Public Works

____________________________
Director of Planning & Development
Services
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Ordinance Extending
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June 2025

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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 2, 2024
Report #:2411-3810
TITLE
SECOND READING: Adoption of an Ordinance Amending the Municipal Fee Schedule to Modify the Calculation for Park, Community Center and Library Development Impact Fees from a per Unit to per Square Foot Basis; CEQA Status: Exempt Pursuant to 15061(b)(3). (FIRST READING:

November 18, 2024 PASSED 7-0)

BACKGROUND
The City Council heard this item on November 18, 2024 for a first reading and approved it on a 7-0 vote. No changes were made to the ordinance, and it is now before the City Council for a second reading.

ATTACHMENTS
Attachment A: Ordinance Amending the Fiscal Year 2025 Municipal Fee Schedule to Transition Certain Development Impact Fees from Per-Unit to Per-Square Foot Fees APPROVED BY:

Mahealani Ah Yun, City Clerk
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2025 Municipal Fee Schedule to Transition Certain Development Impact Fees from Per-Unit to Per-Square Foot Fees
The Council of the City of Palo Alto ORDAINS as follows:

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

A. On September 28, 2021, the Governor of the State of California signed Assembly Bill 602, effective January 1, 2022, amending the Mitigation Fee Act (California Government Code Section 66000 et seq.). AB 602 set forth a number of standards and practices for a local government conducting a nexus study to support a development impact fee.

B. One of the requirements of AB 602 is that a study adopted after July 1, 2022 must either calculate the proposed fee proportionately to the square footage of the proposed units or make specified findings explaining why square footage is not an appropriate metric.

C. The City of Palo Alto currently imposes Park, Community Center, and Library development impact fees on a per-dwelling unit basis.

D. Program 3.1 (Fees Waivers and Adjustments) of the City of Palo Alto 2023-2031 Housing Element calls for development impact fees for residential development to be converted from a per-dwelling unit to a per-square foot standard.

E. The City Council has determined that square footage is an appropriate metric for calculating Park, Community Center, and Library development impact fees imposed on residential development and desires to amend the Fiscal Year 2025 Municipal Fee Schedule accordingly.

SECTION 2. The Council of the City of Palo Alto amends the Fiscal Year 2023 Municipal Fee Schedule by adopting the new fee for on-demand transit as set forth in Exhibit “A” and incorporated here by reference.

SECTION 3. The Council finds that this ordinance is not a “project” under CEQA because it has no potential for resulting in either a direct or reasonably foreseeable indirect change in the environment.
//
//
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Item 16
Attachment A - Ordinance
Amending the Fiscal Year
2025 Municipal Fee
Schedule to Transition
Certain Development
Impact Fees from Per-
Unit to Per-Square Foot
Fees

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SECTION 4. This ordinance shall be effective upon adoption as an amendment to the City’s Fiscal Year 2025 budget.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
___________________________
Mayor
APPROVED:
___________________________
City Manager
___________________________
Director of Planning and
Development Services
Item 16
Attachment A - Ordinance
Amending the Fiscal Year
2025 Municipal Fee
Schedule to Transition
Certain Development
Impact Fees from Per-
Unit to Per-Square Foot
Fees

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Attachment A
Planning and Development Services
Impact and In-Lieu Fees
Development Impact Fees - Residential
Single Family Multi-Family
Community Center Impact Fee
Note: ADUs under 750 sf exempt.
$1.45 per sq. ft. $3.44 per sq. ft.

Library Impact Fee
Note: ADUs under 750 sf exempt.

$0.87 per sq. ft. $2.05 per sq. ft.

Park Impact Fee
Note: ADUs under 750 sf exempt.

$18.78 per sq. ft. $44.50 per sq. ft.

Item 16
Attachment A - Ordinance
Amending the Fiscal Year
2025 Municipal Fee
Schedule to Transition
Certain Development
Impact Fees from Per-
Unit to Per-Square Foot
Fees

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Fire
Meeting Date: December 2, 2024
Report #:2405-2998
TITLE
Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting February 10, 2025, for a Public Hearing for Objections to the Proposed Weed Abatement; CEQA status:
exempt, CEQA Guidelines Section 15308.

RECOMMENDATION
Staff recommends that Council adopt the attached resolution:

1. Declaring weeds to be a public nuisance;

2. Setting February 10, 2025, for a public hearing on objections to proposed weed abatement; and

3. Directing staff to publish a notice of hearing in accordance with the provisions of the Palo Alto Municipal Code.

BACKGROUND
On April 18, 1977, the City Council approved an agreement with Santa Clara County for the administration of weed abatement within the City of Palo Alto. This agreement has reduced the City’s costs and staff time required for the administration of weed abatement. For the past seasons, the weed abatement program has been expeditiously carried out by the County Department of Agriculture and Resource Management.

ANALYSIS
Palo Alto Municipal Code Chapter 8.08 specifies weed abatement procedures. The chapter requires property owners or occupants to remove certain weeds, as defined in Section 8.08.010 that exist upon their premises, public sidewalks, streets, or alleys. It also specifies the procedures to be followed to abate weeds, in the event owners do not remove them. The procedures are as follows:
•Resolution of the City Council declaring weeds to be a public nuisance. This resolution sets the time and place for hearing any objections to the proposed weed abatement.

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•Public Notice. This notice informs property owners of the passage of the nuisance abatement resolution and provides that property owners shall remove weeds from their property, or the abatement will be carried out by Santa Clara County. The City then publishes a legal advertisement in the local newspaper announcing the date of the public hearing.
•Public Hearing. The Council must conduct a public hearing, at which time any property owner may appear and object to the proposed weed destruction or removal. After the City Council hearing and considering any objections, the Council may allow or overrule any or all objections. If objections are overruled, the County will be asked to perform the work of destruction and removal of weeds. Council adoption of the weed abatement resolution at the December 2, 2024, meeting will set this public hearing date for February 10, 2025.

An overview of the program and annual calendar for the steps involving City Council action is provided in Attachment B.

FISCAL/RESOURCE IMPACT
There is no direct fiscal impact of this action on the City. The City of Palo Alto administers the weed abatement program with the County Department of Agriculture and Resource Management with a minimal amount of staff time. All charges for the weed abatement services are included as a special assessment on bills for taxes levied against the affected lots and parcels of land. Such charges are considered liens on these properties.

STAKEHOLDER ENGAGEMENT
Santa Clara Department of Agriculture and Environmental Management coordinates the weed abatement program. Coordination includes contracts, inspections, nuisance reports/lists and fees. Engagement with impacted property owners is outlined above in the Public Notice details; after this resolution is adopted, Santa Clara County will mail out a notice of hearing to all property owners on the 2025 Weed Abatement Commencement report. Staff will publish a legal advertisement in the local newspaper and post it on the City bulletin board.

ENVIRONMENTAL REVIEW
The Santa Clara County Counsel has determined the Weed Abatement Program be Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308.

ATTACHMENTS
Attachment A: Resolution Declaring Weeds a Public Nuisance Attachment B: Weed Abatement Program Overview
APPROVED BY:

Geoffrey Blackshire, Fire Chief
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Resolution No.

Resolution of Intention of the Council of the City of Palo Alto Declaring Weeds to be a Nuisance and Setting February 10, 2025 for a Public Hearing for Objections to Proposed Weed Abatement

R E C I T A L S

A. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, are anticipated to develop during calendar year 202 5 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto sufficient to constitute a public nuisance as a fire menace when dry or are otherw ise combustible, or otherwise to constitute a menace to the public health as noxious or dangerous.

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

SECTION 1. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, which are anticipated to develop during calendar year 2025 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto, are hereby found and determined to constitute a public nuisance. Such nuisance is anticipated to exist upon some of the streets, alleys, sidewalks, and parcels of private property within the City, which are shown, described, and delineated on the several maps of the properties in said City which are recorded in the Office of the County Recorder of the County of Santa Clara, reference in each instance for the description of any particular street, alley, or parcel of private property being hereby made to the several maps aforesaid, and, in the event of there being several subdivision maps on which the same lots are shown, reference is hereby made to the latest subdivision map.

SECTION 2. THEREFORE, IT IS ORDERED that the said public nuisance be abated in the manner provided by Chapter 8.08 of the Palo Alto Municipal Code:

i. IT IS FURTHER ORDERED that a public hearing shall be held on the 10th day of February 2025, at the hour of 5 pm, or as soon thereafter as the matter may be heard, at the Council Chambers of the Civic Center of said City, at which the Council shall hear objections to the proposed weed abatement of such weeds and give any objections due consideration;

ii. IT IS FURTHER ORDERED that the Fire Chief of the City of Palo Alto is directed to give notice of the public hearing in the time, manner and form provided in Chapter 8.08 of the Palo Alto Municipal Code.

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Attachment A -
Resolution Declaring
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NOT YET APPROVED

027112024 2

SECTION 3. Unless the nuisance is abated without delay by the destruction and removal of such weeds, the work of abating such nuisance will be done by the County of Santa Clara Department of Agriculture and Environmental Management Office on behalf of the City of Palo Alto, and the expenses thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed and removed.

SECTION 4. The City Council of Palo Alto adopts the determination of Santa Clara County, as the lead agency, that the Weed Abatement Program is categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15308.

INTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

__________________________ _____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

__________________________ _____________________________ Assistant City Attorney City Manager

_____________________________
Fire Chief

_____________________________
Director of Administrative Services

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Resolution Declaring
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Attachment B
City of Palo Alto Weed Abatement
The City of Palo Alto contracts with the Santa Clara County Department of Agriculture and Environmental Management (SCCDAEM) to remove and destroy weeds in its efforts to mitigate potential fire hazards (as defined in Palo Alto Municipal Code Chapter 8.08). The entire weed abatement program is coordinated by the SCCDAEM. Abatement proceedings must follow a legally established course. This is and annual process with weed abatement occurring in late Spring. City of Palo Alto involvement is limited to the following 3 steps for City Council:
1) (Nov-Dec) City of Palo Alto declares Weeds a Nuisance to allow for County abatement and sets a later date (Jan-Feb) for a public hearing to review the Annual Commencement Report (list of “nuisance” parcels).
2) (Jan-Feb) Public Hearing to review the Annual Commencement Report and approve the County abatement proceedings. At this public hearing, property owners may appear and object to the proposed weed destruction or removal. After the hearing and consideration of any objections, the Council may sustain or overrule any or all objections. Upon adoption of the resolution confirming the weed abatement commencement report and ordering weed nuisances abated, the County will be asked to perform the abatement work to destroy and remove any weeds. 3) (July/August) Public Hearing to approve the invoices for the abatement work performed by the SCCDAEM.

The Santa Clara County Weed Abatement Program
The Santa Clara County Department of Agriculture and Environmental Management and the City of Palo Alto work together to protect our community from fire. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative overgrowth and the accumulation of combustible materials.

Typically, a property is placed on the program list by a County Weed Abatement Inspector who identifies a potential fire hazard on the property. The Palo Alto Fire Department (PAFD) & Code Enforcement also report addresses of concern and forward (verified) complaints from residents to the SCCDAEM.

Residents can report addresses of concern to POAFD, code enforcement, or directly to the County Weed Abatement Program.

Santa Clara County program staff annually inspect “nuisance” parcels at the beginning of the fire season, which is typically April 30th for CPA parcels.

The Weed Abatement program is entirely funded from fees charged to residents. All parcels on the list will be charged a basic inspection fee. If the parcel is not in compliance at the time of inspection, the property owner will be charged an additional failed inspection fee, and they will receive a final courtesy notice as a reminder to abate their weeds within 2 weeks.

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Abatement Program
Overview

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If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in their property tax bill.

Properties that meet and maintain the minimum fire safety standards will only be charged for the annual fee. These properties will be removed from the list after three years of compliance.

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Abatement Program
Overview

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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Community Services
Meeting Date: December 2, 2024
Report #:2410-3634
TITLE
Master Plan for the Cubberley Site: (1) Approval of Professional Services Contract Number C25192924 with Concordia, LLC in an Amount Not to Exceed $631,966 for Development of a Revised Master Plan for the Cubberley Site for a Period of Two Years; (2) Approve Budget Amendments in the General Fund and Cubberley Infrastructure Fund; (3) Approve a Letter of Intent with the Friends of the Palo Alto Recreation Wellness Center; (4) Approve the Workplan for Pursuit of a Local Ballot Measure for the November 2026 General Election to fund the Purchase of Land and Development of a New Community Recreation and Resource Center at the Cubberley Site; CEQA Status - CEQA review will be conducted on the Master Plan.

RECOMMENDATION
Staff recommends that City Council:

1. Approve and authorize the City Manager or designee to execute Contract No.

C25192924 (Attachment C), with Concordia, LLC, for development of a revised Master Plan for the Cubberley Community Center site for a term of two years, and a total amount not-to-exceed $631,966, including $585,860 for basic services and $46,106 for additional services; and

2. Amend the Fiscal Year 2025 Budget Appropriation for:
a. General Fund by:
i. Increasing the transfer to the Cubberley Property Infrastructure Fund by $631,966; and
ii. Decreasing the Real Property Investment Reserve by $631,966; b. Cubberley Property Infrastructure Fund by (requires 2/3 approval):
i. Increasing the transfer from the General Fund by $631,966; and ii. Increasing the Cubberley Community Center Redevelopment Capital Improvement Project (CB-26000) by $631,966; and

3. Approve a Letter of Intent (Attachment D) with the Friends of the Palo Alto Recreation Wellness Center for the purpose of fundraising for a recreation wellness center (gymnasium) at the Cubberley site; and
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4. Approve the workplan for pursuit of a November 2026 local ballot measure to fund the purchase of land and development of a new Community Recreation and Resource Center at the Cubberley site.

EXECUTIVE SUMMARY
In October 2024, both the City Council and Palo Alto Unified School District (PAUSD or District) Board of Education approved a Memorandum of Understanding related to the future of Cubberley site. The Memorandum of Understanding (MOU) outlines key terms and conditions for the purchase and future planning of Cubberley. The land purchase, which would transfer ownership of seven acres from PAUSD to the City, is contingent on voter approval of a bond measure in November 2026 requiring a condensed timeframe to develop a master plan for the site by March 2026, conduct polling and financial analysis, and other critical tasks.

To guide the process, staff have developed a workplan outlining the major tasks that must be completed to meet key milestones. Initial first steps include the staff recommendation for the Council to approve a contract with Concordia to begin community and stakeholder outreach and master plan development for the site, and approval of a Letter of Intent with the Friends of the Palo Alto Recreation Wellness Center to begin fundraising for a Recreation Wellness Center or multi-use gymnasium at the Cubberley site. Additional tasks include evaluating site infrastructure, developing an operating model to identify operating costs, and defining the ballot measure and preparing informative communication materials. Funds were set aside in the Real Property Investment Reserve during the Fiscal Year 2025 adopted budget for costs associated with this effort.

BACKGROUND
The 35-acre Cubberley site, located at 4000 Middlefield Road in Palo Alto, operated as Cubberley High School from 1956 - 1979. Beginning in the late 1980’s, the City began leasing portions of the facilities from the Palo Alto Unified School District at the site. Today, the City operates the areas of Cubberley it controls as a community center, using some of the space for classes and activities in arts, culture and athletics, and sub-leasing additional space at City- subsidized rates to various non-profit and community serving groups. The current lease agreement expires December 2024.

Today, the City owns eight (8) acres of the 35-acre site. PAUSD owns the remaining 27 acres, most of which are leased to the City. There are currently 23 tenants and 24 artists leasing space at Cubberley from the City, and dozens of groups renting the theater, pavilion, classrooms, and athletic fields from the City. Combined, these groups provide the community with programs that support health and wellness, childcare, education, and visual and performing arts. The District uses space for educational purposes and staff offices and has leases with some third- party tenants. The parking lot in the southeast corner of the property houses portable trailers as a temporary site for the Hoover Elementary School during construction at Hoover. A current site map is included as Attachment A.

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A facility condition assessment was conducted for Cubberley Community Center in October 2022 by an independent firm to assess the current general physical condition of the developed portion of Cubberley. The area assessed encompasses 18.5 acres and consists of 28 buildings and over 500 parking spaces. The facility condition assessment findings describe Cubberley Community Center as being in poor condition, with over $45 million of maintenance work recommended over the next 10 years. The report compares the 10-year maintenance cost for each individual building to the building’s estimated replacement cost to develop what is called the Facility Condition Index. This analysis concludes that all but three of the Cubberley buildings have reached the end of their useful or serviceable lives.

Memorandum of Understanding
There have been several master planning efforts over the years to reimagine and update the Cubberley site, with the most recent one being completed in 20191, however; none of these plans advanced to implementation. In 2023, the PAUSD Board initiated discussions with a letter inviting the City to make an offer to purchase additional acres at Cubberley. Both parties proceeded by creating Ad Hoc committees. The City’s Ad Hoc committee included Council Members Julie Lythcott-Haims (Chair), Pat Burt and Lydia Kou. Their counterparts from the PAUSD Board were Trustees Jennifer DiBrienza (Chair) and Shounak Dharap. The Ad Hoc committees met jointly over the course of 10 months including once with a mediator before agreeing on terms. Both the City Council and District Board met separately in closed sessions in late September in advance of considering the recommended Memorandum of Understanding in public session. The City Council and Board of Education approved the Memorandum of Understanding on October 7, 20242, and October 8, 20243, respectively. The Memorandum of Understanding (MOU)4 outlines key terms and conditions for the purchase and lease of property at the Cubberley site.

The MOU describes a series of steps the City and District will undertake in a collaborative approach to pursue the sale and redevelopment of the Cubberley site and its positive funding impacts on District schools. Contingent on voter approval of a November 2026 ballot measure, the City will purchase seven acres of land at the Cubberley site from PAUSD in 2027 and redevelop the City’s combined 15-acre site as a Community Recreation and Resource Center.

The District intends to use the proceeds from the sale to develop and improve Palo Alto schools. Attachment B shows the 7-acre purchase area.

1 Cubberley Concept Plan 2019; https://www.pausd.org/about-us/committees-task-forces/archived- committees/cubberley-master-plan
2 City Council, October 7, 2024; Agenda Item #AA1; SR #2409-3500, https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14437 3Palo Alto Unified School District Board of Education, October 8, 2024; Agenda Item # 6.A.; https://go.boarddocs.com/ca/pausd/Board.nsf/Public
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ANALYSIS
The Cubberley Community Center provides recreation and educational programs, and cultural experiences to the community using an operating model that leases exclusive space to nonprofits, artists, and businesses at below market rental rates, and rents non-exclusive space to others on an hourly or daily basis. While the programs and services offered are widely used, the buildings and infrastructure systems are aged and require significant maintenance to keep them functioning. At the end of its useful life, acquiring an additional 7 acres of land at Cubberley provides an incredible opportunity for the City to redevelop the site for community services. Staff’s vision is to build a community hub of recreational, educational, and cultural programming and activities for people of all ages and abilities.

To seize this opportunity, the City will need to work on a condensed timeframe to place a measure on the November 2026 ballot to fund the purchase of the 7 acres and the development of 15 acres – the amount the City will own if the ballot measure is successful. The timeframe to place a bond measure on the November 2026 ballot is short and will require a rigorous and focused effort to be successful. Major elements of work to be completed include:
•Execution of the lease amendment with PAUSD – The current lease expires December 31, 2024 and will be extended for five years through a lease amendment. The City will continue to lease the athletic fields, theatre, pavilion, gyms, and some additional rooms for $2 million per year until the school district vacates the premises and then the lease amount will increase to $2.5 million per year. Approval of the lease is on the December 2, 2024 Council Consent Calendar.
•Master planning of the site with Concordia – To support the ballot measure, a master plan for the Cubberley site will be developed, building on the previous master plan completed in 2019 by Concordia. With the Council’s approval, Concordia will continue their work creating a new master plan with community input. This effort is a critical step to inform and engage the community and ensure support to move the project forward.

The master planning process will begin in December 2024 and be complete by December 2025 and will involve re-engagement of the community through a series of public meetings. The City will also engage Rincon to conduct environmental review under CEQA on the master plan. Additional information on the Concordia agreement is included later in this report.
•Advanced evaluation of infrastructure systems to support construction – The Cubberley site is supported by aging infrastructure that will likely require replacement prior to construction of a new community recreation and resource center facility. The evaluation will identify the existing condition and remaining life of systems such as water, wastewater, storm drains, and electrical. It is crucial that the timing of this evaluation be coordinated to inform full project costs and construction phasing. •Defining the ballot measure – The “what, why, and how” of the project must be carefully and strategically crafted for the ballot measure, requiring a comprehensive approach Item 18
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and Council’s support. Consultant expertise is necessary to conduct stakeholder engagement, polling and developing the ballot measure.
•Coordination and support for Friends of the Palo Alto Recreation Wellness Center – The Friends are interested in fund-raising for a new recreation wellness center (multi- purpose gymnasium) at the Cubberley site. A Letter of Intent is the first step in the fund-raising effort and Council approval is recommended. Additional discussion of the Letter of Intent is included later in this report.
•Naming of a new community recreation and resource center – While the Cubberley site has a long history in Palo Alto and many residents have fond memories of attending Cubberley High School or participating in educational or recreation programs, a new name will be desirable that captures the true value of the new center and the benefits it will bring to all residents. For this report, Community Recreation and Resource Center is used, however; a decision on the timing of name selection will be important to coincide with stakeholder engagement and development of ballot language. •Development of an operating plan for a new community recreation and resource center – An operating model should be developed in order to estimate future operating costs and management needs. Different models could include in-house management and operations of the center or engaging in a public-private partnership for operations. •Development of a financial plan for a community recreation and resource center – A financial plan will outline the forecasted cashflow for acquisition, development, debt service (General Obligation bonds, GO bonds), and on-going operation costs/revenues of the community recreation and resource center. Different models could inform the amount of financing, General Obligation bonds, operating costs and rental revenues.

Similar to the operating plan, this fiscal plan should be developed relatively early to plan for future budgeting needs and stakeholder engagement.
•Stakeholder engagement throughout the project – Engagement with the community and key stakeholders is arguably the most important element of this effort as resident support of the project will be needed for a successful ballot measure. Council support and involvement in the stakeholder engagement process will be crucial for the success of the ballot measure. Key engagement activities include re-affirming programming priorities developed in the 2019 master planning process, master plan site development, and ballot measure polling and stakeholder outreach.

There are several key milestones that must be met to meet the goal of placing a measure on the November 2026 ballot measure. The workplan in Table 1 shows the condensed timeline necessary to meet key dates. The Community Services Department will reinitiate master planning for the site, building on work completed in 2019 with Concordia to meet the milestone of completing a master plan by March 2026. Public Works will conduct an evaluation of utility infrastructure system conditions. The City and District will develop formal agreements such as a purchase and sale agreement and lease agreement to implement the intentions described in the MOU. Making the 2026 ballot will require an expedient process to identify which elements Item 18
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of the Cubberley Concept Plan remain relevant while reengaging the community to build on the previous work and complete the appropriate level of CEQA analysis.

Table 1: November 2026 ballot measure workplan and timeline

SCHEDULE ONGOING WORK AND KEY MILESTONES
DECEMBER 2024 Key milestones:
•Approval of a professional services agreement with Concordia, LLC for master plan development. Following approval, funds will be transferred from the Real Property Investment Reserve to the Cubberley Community Center Redevelopment CIP (CB-26000). •Approval of a Letter of Intent with the Friends of the Palo Alto Recreation Wellness Center.
•Approval of Cubberley lease for a term beginning January 1, 2025. •Approve a professional services agreement with Rincon for CEQA analysis and documentation for the master plan.

JANUARY 2025 Ongoing work:

Phase one of the master planning process begins with a focus on revisiting the previous master planning documents, identifying gaps, and stakeholder and community engagement.

Key milestones:
•Develop professional service agreements for polling and ballot- related stakeholder engagement. Funds in the Real Property Investment Reserve will be used for these services.
•Assign Councilmembers to an expected 2025 Cubberley Ad Hoc.

JANUARY 2025 -
APRIL 2025
Ongoing work:
•Begin community outreach and stakeholder engagement on master plan for the Cubberley site (reaffirm programming and obtain input on site layout and design).
•With PAUSD, initiate development of Option and Purchase and Sale agreement. Expert legal support via outside counsel will be needed for drafting of agreement.
•Develop options for a future operating model for the new center. •Develop a future financial model for the new center.
•Evaluation of utility infrastructure systems begins.

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Key milestones:
•Complete a Community Outreach and Stakeholder Engagement Plan for development of the master plan.
•Award professional service agreements for polling and ballot-related stakeholder engagement.
•Award professional service agreements for City’s financial/bond advisor and any other needed professional services.
•Obtain Ad Hoc and Council feedback and direction on operating and financial model.

MAY 2025 –
JUNE 2025
Ongoing work/Key milestones:
•Present results of community engagement efforts to Parks and Recreation Commission and City Council.
•Obtain City Council direction to complete initial polling and initial ballot-related stakeholder outreach.

JUNE 2025 –
OCTOBER 2025
Ongoing work:
•Phase two of the master planning begins with development of conceptual designs, community engagement, and concludes with a final Master Plan for the Cubberley site in December 2025. •Continue work on draft conceptual designs, polling, naming, financing, and other strategy-related tasks.

Key milestones:
•Conceptual designs and the final design are presented to Commissions and City Council.

DECEMBER 2025 Key milestones:

Final Master Plan for the Cubberley site.

DECEMBER 2025 –
APRIL 2026
Ongoing work:
•Continue community and stakeholder outreach, draft required documents for ballot measure, complete polling as appropriate. •Continue bond fiscal analysis (sizing and strategy).

•The Cubberley Ad Hoc and City Council to receive updates as necessary on status check-ins, additional rounds of polling, feedback, and policy decisions.

MARCH 2026 Key milestones:

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The Council adopts the Master Plan and associated CEQA document for redevelopment of the Cubberley site.

MAY 2026 – JUNE
2026
Key milestones:

City Council approval of November 2026 ballot measure and specific measure language. Final approval including the ballot measure language will need to be submitted to the Santa Clara County Registrar of Voters in early August 2026. Develop informative communications materials.

Concordia Contract to Develop Master Plan
Staff are recommending approval of a contract with Concordia, LLC in the amount of $631,966 for a term of 24 months to reinitiate master planning for the Cubberley site, building on work Concordia completed in 2019. The Council previously approved an agreement5 with Concordia in June 2018 in an amount no to exceed $565,972 for development of a master plan for the 35- acre Cubberley site. A subsequent amendment6 was approved by the Council in December 2018 to expand the project area of the master plan. The project was cost-shared between the City and the School District.

For continuity, staff recommends that Concordia be reengaged for this work as they have a keen understanding of the Cubberley facility, neighborhood, and community and are well- positioned to build upon their previous plan. Concordia worked closely with the City and Palo Alto community during the original contract term and are well orientated on the history and background of the Cubberley site, neighborhood, and community needs. Making the 2026 ballot will require an expedient process to identify which elements of the Cubberley Concept Plan remain relevant while re-engaging the community and completing the appropriate level of CEQA analysis. An exemption to competitive solicitation pursuant to Palo Alto Municipal Code section 2.30.360 was approved by the City Manager.

Based on the Memorandum of Understanding with PAUSD that was approved by both parties’ governing bodies, the master plan must be completed by March 2026. It is impractical for staff to solicit for a new professional service agreement to potentially work with a new consultant on a master plan that will rely significantly and build upon on the work Concordia has already completed. The previous work included four community co-design meetings that were attended collectively by 462 attendants. This process considered nearly 3,000 comments, requests, and questions as well as over 2,000 votes and rankings about different plan elements.

Much of this information can be used for the new master plan. Starting the process over from the start could lead to community distrust in the process and would impact the overall project timeline and the ability to make the November 2026 ballot. 5 City Council, June 18, 2018; Agenda Item #12; SR #9131, www.cityofpaloalto.org/files/assets/public/v/1/agendas- minutes-reports/reports/city-manager-reports-cmrs/year-archive/2018/id-9131.pdf 6 City Council, December 18, 2018; Agenda Item # 11; SR# 9866, https://portal.laserfiche.com/Portal/DocView.aspx?id=39656&repo=r-704298fc&searchid=ecb98b63-a1c6-46fd- b9db-5d5ac9ddd281
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Letter of Intent with Friends of the Palo Alto Recreation Wellness Center Recognizing that the City of Palo Alto does not own any type of gymnasium or dedicated indoor sports and recreation wellness center, on March 7, 20227, the City Council directed “staff and the Parks and Recreation Commission (PRC) to conduct public outreach on a new gym, including location, siting, gym features, cost estimates, funding timeline, demand assessment and prioritization of projects.” The Council also directed the PRC to investigate fundraising. An Ad Hoc of the PRC evaluated several locations throughout Palo Alto and identified Greer Park and Cubberley as options for a new recreation wellness center. Staff and the PRC conducted a community survey and held two community meetings to help inform the preferred location, programming, and amenities. Through that outreach, it became clear that community members identified Cubberley as the preferred location for a Recreation Wellness Center. The Friends of the Palo Alto Recreation Wellness Center8 (Friends) formally organized as a 501c3 nonprofit in December 2022 for the purpose of fundraising and building a gymnasium or recreation wellness center in Palo Alto.

Concurrent with the timeline in Table 1 staff will need to work closely with the Friends to ensure coordination exists between the master planning work and the Friends fundraising efforts. The Letter of Intent (LOI) demonstrates the City’s commitment to provide the land for the facility and the Friends’ commitment to raise donor funds for the construction. The LOI includes key elements to be included in a future agreement.

FISCAL/RESOURCE IMPACT
Funding to advance next steps including a master planning process for the site, needed reviews such as CEQA, drafting of formal agreements, and preparation for the November 2026 ballot measure has been reserved in the FY 2025 Adopted Budget for real property acquisition to support the recommended action in this report. Staff recommends a budget amendment to transfer $631,966 from the General Fund Real Property Investment Reserve to the Cubberley Property Infrastructure Fund Cubberley Community Center Redevelopment Capital Improvement Project (CIP CB-26000), where expenses related to this effort will be consolidated, for the Concordia contract. Additional funding transfers from the Real Property Investment Reserve will be recommended in future reports for other consultant and legal support needed as described in the workplan. Funding for future years is subject to City Council approval through the annual budget process.

7 City Council, March 7, 2022; Agenda Item #6; SR #14077, https://portal.laserfiche.com/Portal/DocView.aspx?id=59373&repo=r-704298fc 8 www.parwc.org
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STAKEHOLDER ENGAGEMENT
A robust community and stakeholder engagement effort will be conducted by Concordia to develop the design and future programming of a new community center at the Cubberley site.

Polling and other stakeholder engagement related to the ballot measure will also be conducted.

A project webpage was created to provide background and updates on the progress of the project. Community members may sign up for project updates from the website.9

ENVIRONMENTAL REVIEW
The Master Plan will require CEQA review and a contract with Rincon for that work will be coming to the Council for approval in December 2024.

ATTACHMENTS
Attachment A: Cubberley Site Map as of December 2024
Attachment B: Cubberley Land Purchase Area
Attachment C: Agreement No. C25192924 with Concordia, LLC Attachment D: Letter of Intent with the Friends of the Palo Alto Recreation Wellness Center APPROVED BY:

Kristen O'Kane, Community Services Director
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Cubberley Current Land Ownership and Facility Uses
City leases the following from PAUSD: Fields, gyms, G5, G8, Pavilion, theatre, S Building, FOPAL (near track).

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Site Map as of December
2024

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Purchase Area

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Professional Services
Rev. Oct 16,2024

CITY OF PALO ALTO CONTRACT NO. C25192924

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF PALO ALTO AND CONCORDIA, LLC.

This Agreement for Professional Services (this “Agreement”) is entered into as of the 2nd day of December, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CONCORDIA, LLC., a Louisiana Limited Liability Company , located at 2016 Oretha Castle Haley Boulevard, New Orleans, LA 70113 (“CONSULTANT”).

The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:

RECITALS

A. CITY intends to complete the Cubberley Master Plan (the “Project”) and desires to engage a consultant to re-engage the community and develop a master plan for the Cubberley site in connection with the Project (the “Services”, as detailed more fully in Exhibit A).

B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.

C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the S ervices described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.

SECTION 2. TERM.

The term of this Agreement shall be from the effective date of this agreement through December 1, 2026 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.

SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and Docusign Envelope ID: 84E51E5C-7AC1-4613-8DD2-CFF7C3C858BE Item 18
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timely manner based upon the circumstances and direction communicated to the CONSULTANT.

CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.

SECTION 4. NOT TO EXCEED COMPENSATION . The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Five Hundred Eighty - Five Thousand Eight Hundred Sixty Dollars ($ 585,860). The hourly schedule of rates , if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.

Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)

In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Forty-Six Thousand One Hundred and Six Dollars ($46,106) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C , shall not exceed Six Hundred Thirty One Thousand Nine Hundred Sixty-Six Dollars ($631,966), as detailed in Exhibit C.

“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A . CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services , if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .

CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Docusign Envelope ID: 84E51E5C-7AC1-4613-8DD2-CFF7C3C858BE Item 18
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Additional Services in this Section 4 . Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.

SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including , if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 1 3 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.

SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professio nal and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.

SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely resp onsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.

SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall su bmit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.

SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be Docusign Envelope ID: 84E51E5C-7AC1-4613-8DD2-CFF7C3C858BE Item 18
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deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.

CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.

SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transf er any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties.

SECTION 12. SUBCONTRACTING.

Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.

SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Bobbie Hill Email:
[email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s P roject Manager or any o ther of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’ s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.

CITY’s Project Manager is Kristen O’Kane, Community Service Department, 1305 Middlefield Rd. Palo Alto, CA, zipcode: 94301, Telephone: 650-463-4908. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Docusign Envelope ID: 84E51E5C-7AC1-4613-8DD2-CFF7C3C858BE Item 18
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Services. CITY may designate an alternate Project Manager from time to time.

SECTION 1 4. OWNERSHIP OF MATERIALS . All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights for work products in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any ind ividual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.

The CONSULTANT’s proprietary instruments of practice, including but not limited to the systemic community centered planning tool called the Nexus Framework, and the community engagement process called the Roundtable remain the exclusive intellectual proper ty of the CONSULTANT during the planning process and thereafter.

SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance wi th the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.

SECTION 16. INDEMNITY.

16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney ’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction.

16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty i mposed by law or agreement by, CONSULTANT, its Docusign Envelope ID: 84E51E5C-7AC1-4613-8DD2-CFF7C3C858BE Item 18
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officers, employees, agents or contractors under this Agreement.

16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.

SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in wr iting in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

SECTION 18. INSURANCE.

18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.

18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.

18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.

18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Ag reement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.

SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.

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19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT w ill discontinue its performance of the Services on the effective date in the notice of suspension or termination.

19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).

19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the Ci ty Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.

19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).

19.5 If the CITY fails to make payments to the CONSULTANT in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the CONSULTANT’s option, cause for suspension of performance of services under this Agreement. If the CONSULTANT elects to suspend services, the CONSULTANT shall give seven days’ written notice to the CITY before suspending services. In the event of a suspension of services, the CONSULTANT shall have no liability to the CITY for delay or damage caused the CITY because of such suspensio n of services. Before resuming services, the CONSULTANT shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the CONSULTANT’s services. The CONSULTANT’s fees for the remaining services and the time schedules shall be equitably adjusted.

19.6 If the CITY suspends the Project for more than 90 cumulative days for reasons other than the fault of the CONSULTANT, the CONSULTANT may terminate this Agreement by giving not less than seven days’ written notice.

19.7 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.

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SECTION 20. NOTICES.

All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:

To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303

With a copy to the Purchasing Manager

To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.

CONSULTANT shall provide written notice to CITY of any change of address.

SECTION 21. CONFLICT OF INTEREST.

21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.

21.2. CONSULTANT further covenants that, in the performance of thi s Agreement, it will not employ subcontractors or other persons or parties having such an interest.

CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.

21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.

SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.

22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section

2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.

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22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.

SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include , first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting was te. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwi se approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .

CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.

SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal yea r in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

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SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.

26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code a nd California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).

SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply , as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

This Project is not a 9204 Public Works Project.

SECTION 28. CONFIDENTIAL INFORMATION.

28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.

CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.

Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreeme nt and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.

28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, d irectly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of Docusign Envelope ID: 84E51E5C-7AC1-4613-8DD2-CFF7C3C858BE Item 18
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confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.

28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.

28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requ irements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.

28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.

28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.

SECTION 29. MISCELLANEOUS PROVISIONS.

29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.

29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.

29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to t hird parties.

29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.

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29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.

29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.

29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.

29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.

29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.

SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:

EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS

THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.

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CONTRACT No. C25192924

SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.

CITY OF PALO ALTO

____________________________
City Manager

APPROVED AS TO FORM:

__________________________
City Attorney or designee

CONCORDIA, LLC.

Officer 1

By: ________________________________

Name: ______________________________

Title: _______________________________

Officer 2

By: ________________________________

Name: ______________________________

Title: _______________________________

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Steven Bingler
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EXHIBIT A

SCOPE OF SERVICES

CONSULTANT shall provide the Services detailed in this Exh ibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualific ations, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

CONSULTANT’s participation in t he planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.

This Agreement reinitiates master planning for the Cubberley site, building on work completed in 2017 with Concordia (Consultant). For continuity and efficiency, the City is re-engaging with Concordia for this work as they has a keen understanding of the Cubberley facility, neighborhood, and community and are well-positioned to build upon their previous plan. Making the 2026 ballot will require an expedient process to identify which elements of the Cubberley Concept Plan remain relevant while re-engaging the community and completing the appropriate level of CEQA analysis.

Concordia was awarded a contract in 2018 after a competitive bid process to complete a community engagement effort and master plan for Cubberley, in partnership with the Palo Alto Unified School District (PAUSD). For context, the Cubberley site is partially owned by the city (8 acres) and partially owned by the school district (27 acres). At that time, the concept was to build a community center on the City’s land and shared use buildings on the school district’s land.

The master plan was completed in November 2019 but due to a change in priorities for PAUSD the master plan was never adopted by the City Council. Since that time, the City and PAUSD have negotiated a deal by which the City will purchase 7 acres of land at the Cubberley site from the school district. The City’s intent is to re -develop the property with a new community center. On October 7, 2024 the City Council approved a Memorandum of Understanding with PAUSD to purchase the land and complete a master development plan for the site.

The master plan, including CEQA review must be completed by March 2026. Consultant should expect to complete the master plan by December 31, 2025 to ensure there is adequate time to complete CEQA and obtain City Council approval.

Task 1: Project Administration
Consultant will manage the project efficiently to meet project milestones and schedule.

Consultant will work with City staff to finalize a detailed schedule of work including which tasks can be conducted in parallel, critical path tasks, key decision points and frequency of regular project team meetings/conference calls. All existing information that will be provided by the City will be identified in this task.

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Meetings to Include:
• Regular bi-weekly coordination calls with City staff (virtual) Deliverables:
• Request for information

Task 2: Review 2019 Cubberley Concept Plan (Concept Plan) and Identify Gaps Consultant will review the previous Concept Plan and related documents (progra m document, community asset evaluation, and needs assessment) and identify which elements need to be revisited with City staff and/or the community. Consultant will then review the community’s current recreational, educational, and cultural assets to ident ify opportunities for the community center that address community preferences and fill existing gaps in services and programs, while maximizing public resources. The gaps and opportunities identified here will be used to develop the community and stakeholder engagement plan.

Meetings to Include:
• None
Deliverables:
• Memo to City staff summarizing results of Task 2

Task 3: Develop Community and Stakeholder Engagement Plan Consultant will develop a community and stakeholder engagement plan that will guide community outreach during the Master Plan process, including timing, method of engagement, and the number and format of workshops and community meetings. This task will build upon the data and information collected during the previous community engagement process.

Consultant will obtain approval from City staff on the Plan.

Meetings to Include:
• Consultant/City review of Draft Stakeholder and Community Engagement Plan Deliverables:
• Draft Stakeholder and Community Engagement Plan
• Final Stakeholder and Community Engagement Plan

Task 4: Implement the Community and Stakeholder Engagement Plan Consultant will implement the approved plan developed in Task 3 and confirm or revise the following:
a. Community Asset Evaluation and Needs Assessment
b. Vision, Goals and Opportunities
c. Type and placement of indoor and outdoor community center and recreation facilities and amenities
d. Preferred programming and spatial needs

Meetings to Include:
• Workshops and community meetings identified in the Engagement Plan Deliverables:
• Consultant will document the results of workshops and meetings • Programming Document
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Task 5: Conceptual Designs
Consultant will work collaboratively with the City and community to develop three conceptual designs for a community center at Cubberley to include facility layout detailing how the site will support programming. The designs will reflect input received from the community and will build upon the 2019 concept plan. Each conceptual design will illustrate the arrangement of different program elements such as recreation, and wellness and multi -purpose, and flexible spaces. These conceptual designs will include i llustrative 3D design work communicating how the buildings would house the program and relate to one another and the surrounding area. This level of design will communicate the function, form, and major relationships between the site elements pursuant to the program. The scenarios will be presented to City staff, the community, commissions, and City Council for review.

Meetings to Include:
• Workshops and community meetings identified in the Engagement Plan Deliverables:
• Three conceptual designs in electronic, print and display formats • Presentations to Parks and Recreation Commission, Planning and Transportation Commission, and City Council on facility and program concepts

Task 6: Draft Cubberley Master Plan Report
Consultant will develop a Draft Master Plan Report based on the preferred conceptual design from Task 5. The draft Master Plan will include phasing scenarios for site and facility reconstruction and cost estimates for each phase. The Draft Master Plan report will also address opportunities and constraints related to connectivity of the community center to nearby schools, neighborhoods, and other community facilities. Consultant will present the draft report to various commissions and the City Council. Consultant and City staff will determine if meetings should be attended in person or virtually.

Meetings to Include:
• City Staff (presentation)
• Parks and Recreation Commission
• Planning and Transportation Commission
• City Council
Deliverables:
• City staff study sessions: presentation and summary
• Presentation to Parks and Recreation Commission, Planning and Transportation Commission, and City Council
• Administrative Draft Master Plan Report
• Public Draft Master Plan Report

Task 7: Community Master Plan Review Meeting
After c ompleting the Public Draft Master Plan report in Task 6, Consultant will design a community-wide review meeting to solicit feedback on the Draft Master Plan Report and the site’s conceptual design. Residents will have the opportunity to give feedback and make final recommendations on the plan development.

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Meetings to Include:
• Community Meeting
Deliverables:
• Community Meeting activities, presentations, facilitation, summary

Task 8: California Environmental Quality Act (CEQA) Support Consultant will support the City’s consultant that will conduct the CEQA review process.

Specifically, this includes coordination and support for CEQA consultant, including requested design narrative, drawings, diagrams, and other design-related materials.

Meetings to Include:
• None
Deliverables:
• None

Task 9: Final Cubberley Master Plan
Based on the combined input of City Boards, Commissions, City Council, District Board of Education and the community, consultant and the Staff Project Team will identify th e necessary revisions and update the Draft Master Plan Report to reflect the input received. The site’s conceptual design will be revised in parallel as part of this effort. This revised document will be finalized as the Revised Draft Cubberley Master Plan. This version of the document will be presented to the City’s Commissions for their review and recommendations and to City Council for adoption.

Meetings to Include:
• Project Team Meeting
• Parks and Recreation Commission Study Session
• City Council Meeting
• Additional City Commission meetings, if needed
Deliverables:
• Project Team meeting agenda, presentation, and summary • Attendance, activities, presentations, facilitation, and summaries at the following meetings:
• Project Team Meeting (teleconference)
• Parks and Recreation Commission Meeting
• City Council Meeting
• Additional City Commission meetings as needed (Architectural Review Board and/or Planning and Transportation Commission)
• Final Cubberley Master Plan

Additional Services:

Additional Services for the Cubberley Master Plan may include: additional community meetings; commission, council, or other public meetings; any further work outside the work detailed in the project scope that is necessary to complete the project.

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EXHIBIT A-1

PROFESSIONAL SERVICES TASK ORDER

CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.

CONTRACT NO.

OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)

1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:

2. CONSULTANT NAME:

3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________

5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________

6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________

7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) ▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)

8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________

I hereby authorize the performance of the
work described in this Task Order.

APPROVED:

CITY OF PALO ALTO

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.

APPROVED:

COMPANY NAME: ______________________

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

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EXHIBIT B

SCHEDULE OF PERFORMANCE

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.

Milestones
Completion
/Weeks (as specified below)
from NTP

1. Project Administration 4 weeks

2. Review 2019 Cubberley Concept Plan
(Concept Plan) and Related Documents
12 weeks

3. Develop a Stakeholder and Community
Engagement Plan
12 weeks

4. Implement Stakeholder and Community
Engagement Plan
16 weeks

5. Conceptual Designs 20 weeks

6. Draft Cubberley Master Plan Report 40 weeks

7. Community Master Plan Review Meeting 42 weeks

8. California Environmental Quality Act
(CEQA) Review
46 weeks

9. Final Cubberley Master Plan 52 weeks

Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)

The schedule o f performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.

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EXHIBIT C

COMPENSATION

CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.

CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.

CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.

BUDGET SCHEDULE

TASK NOT TO EXCEED AMOUNT
Task 1
(Project Administration)
$41,325
Task 2
(Review 2019 Cubberley Concept Plan (Concept Plan) and
Related Documents)
$16,250
Task 3
(Develop a Stakeholder & Engagement Plan)
$33,570
Task 4
(Implement Stakeholder and Community Engagement
Plan)
$130,300
Task 5
(Conceptual Designs)
$97,210
13Task 6
(Draft Cubberley Master Plan Report)
$34,150
Task 7
(Community Master Plan Review Meeting)
$44,650
Task 8
(California Environmental Quality Act (CEQA) Review)
$21,130
Task 9
(Final Cubberley Master Plan)
$42,470
Allowances
(Transportation Study- Revised, Sustainability Report, Cost Estimate, Renderings, Risk Analysis)
$95,665
Sub-total for Services $556,720
Reimbursable Expenses (if any) $29,140
Total for Services and Reimbursable Expenses $585,860
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Additional Services (if any, per Section 4) $46,106
Maximum Total Compensation $631,966

INITIAL DEPOSIT
Once the contract is fully executed an initial deposit of $5,000 will be due to as a minimum payment under this Agreement. This deposit shall be applied as a credit to the invoice(s) that follow it until it is depleted.

ALLOWANCES
CONSULTANT will solicit proposals for Services deemed necessary to the Work upon determination of the scope for such Services. CONSULTANT will coordinate with the CITY to manage the Allowances budget and will notify the CITY, and advise, in the event that the required Services exceed the maximum Allowance budget amounts.

REIMBURSABLE EXPENSES

CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.

Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: Travel Expenses and Printing & Materials , up to the not -to-exceed amount of: $29,140.

A. Travel outside the San Francisco Bay Area, including transportation and meals , if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.

B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.

All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.

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EXHIBIT C-1

SCHEDULE OF RATES

CONSULTANT’s schedule of rates is as follows:

Hourly Rates
The following hourly rates are the basis of professional fees and will be charged for all additional services authorized by the Owner. These rates are subject to semi-annual review and revision.

Position Rate
Principal $354/hour
Director $300/hour
Sr. Project Manager / Sr. Project Architect /
Sr. Planner
$220/hour
Designer II / Planner II $175/hour
Designer I / Planner I $120/hour
Administrative $75/hour

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EXHIBIT D

INSURANCE REQUIREMENTS

CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE

CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY

STATUTORY STATUTORY STATUTORY
YES

GENERAL LIABILITY, INCLUDING

PERSONAL INJURY, BROAD FORM

PROPERTY DAMAGE BLANKET

CONTRACTUAL, AND FIRE LEGAL

LIABILITY

BODILY INJURY

PROPERTY DAMAGE

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

$1,000,000

$1,000,000

$1,000,000

$1,000,000

$1,000,000

YES

AUTOMOBILE LIABILITY,

INCLUDING ALL OWNED, HIRED,

NON-OWNED

BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE

PROPERTY DAMAGE

BODILY INJURY AND PROPERTY

DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000

$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000

YES

PROFESSIONAL LIABILITY,

INCLUDING, ERRORS AND

OMISSIONS, MALPRACTICE (WHEN

APPLICABLE), AND NEGLIGENT

PERFORMANCE
ALL DAMAGES $1,000,000
YES

THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST

AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM

OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.

I. INSURANCE COVERAGE MUST INCLUDE:

A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.

II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]

III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:

A. PRIMARY COVERAGE

WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,

INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR

CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

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B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER

THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE

INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE

INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON

OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:

[email protected]

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Letter of Intent for the Mutual Cooperation between the City of Palo Alto (hereinafter “the City” or “CPA”) and the Friends of the Palo Alto Recreation Wellness Center (hereinafter “the Friends” or “FPARWC”), a nonprofit 501(c)(3) charitable organization incorporated in the state of California.

The City of Palo Alto completed the Parks, Trails, Natural Open Space, and Recreation Master Plan, a comprehensive analysis of the community's need for recreation, open space and wellness, which prioritized expansion of indoor space for exercise and sports activity space.

Subsequently, the Palo Alto Parks and Recreation Commission (PRC) formed an Ad Hoc Committee, commonly referred to as the “Gym Committee,” dedicated to the expansion of indoor activity space. FPRAWC was incorporated August 30, 2023 as a nonprofit organization dedicated to supporting the City’s efforts to expand indoor recreational space by building community awareness of the need for additional space, catalyzing community engagement in the creation and ongoing support of the space, and helping raise public and private funds for development and operational costs.

FPARWC now wishes to collaborate and negotiate a long-term public-private partnership to expand indoor wellness space by achieving the following strategic objectives:

1. Identify a mutually agreed upon site on City-owned land of sufficient size and location to accommodate additional indoor recreational and wellness program space accessible to the community. At this time, the Cubberley site is assumed to be the preferred location. The parties will mutually determine a location at the Cubberley site to accommodate the project in concert with development of a master plan for a community center at the Cubberley site.

2. Plan for facility use that is flexible and adaptable to both the current and the evolving future needs of the community. Develop architectural plans and specifications for an expanded recreation facility intended to be constructed as potentially the first phase of the master plan for the Cubberley site.

3. The Friends will participate in the City’s development of a master plan for the Cubberley site, to reinforce coordination and comprehensive planning.

4. The Friends and the City will mutually develop a construction and program budget.

5. The Friends will initiate a fundraising program to offset the City's capital development costs, either in total, which is the optimum goal, or in part as a minimum goal. The minimum and total goals will be agreed upon between the City and the Friends following the development of the budget.

Item 18
Attachment D - Letter of
Intent with the Friends of
the Palo Alto Recreation
Wellness Center

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6. CPA may provide FPARWC with site access and contracting authority to manage construction with oversight by the City.

7. Mutually develop a staffing and operating plan for programs to be conducted in the new facility.

8.The City agrees to pursue the adoption of the revised Cubberly Master Plan as expeditiously as possible.

FPARWC and CPA are interested in undertaking and completing the new facility in accordance with one or more future agreements subject to mutually acceptable terms and conditions. The City and FPAWC will endeavor to negotiate a potential agreement as soon as possible. Elements to be included in the agreement(s) include:

1. Term of the agreement(s)

2. Acknowledgement that the City is commencing a master planning effort for a new community center at the Cubberley site that will include community engagement building upon the Cubberley Concept Plan completed in 2019, and coordination and cooperation with that effort will be necessary to meet milestones defined in the Memorandum of Understanding between the City and Palo Alto Unified School District.

3. Distinct phases for fundraising and construction, respectively, with separate terms for each phase.

4. Contracting requirements that would allow FPARWC to efficiently manage construction of the new facility.

5. Establishment of a time frame and details, including goals for fundraising activities.

6. Acknowledgement and stewardship of coordination with City departments to be involved in the project.

7. Development of a community outreach and engagement plan by the City and FPARWC to build support for the project and to receive and address community comments.

8. A project schedule, including timelines for review by the City's Architectural Review Board, Planning and Transportation Commission, and other boards and commissions as may be required.

9.Options for either party to terminate the partnership (or “joint planning process”) agreement.

10.The City acknowledges that the Friends will start a major donor fundraising effort and may require commitments from the City in terms of a lease or other process requirements in order to close a major donation. The City acknowledges it will be responsible for providing those commitments in a timely manner or risk losing major donors.

Item 18
Attachment D - Letter of
Intent with the Friends of
the Palo Alto Recreation
Wellness Center

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This letter is not a binding contract between CPA and FPARWC and does not establish a legal partnership or any other legal relationship. Nor shall this letter create any reliance on either party to act or not act in any specific way. It is intended to facilitate discussion of the key agreement terms and conditions of the future agreements relating to this joint project.

Date Approved: December 2, 2024

Ed Shikada Anne Cribbs
City Manager Friends of the Palo Alto
Recreation Wellness Center
Item 18
Attachment D - Letter of
Intent with the Friends of
the Palo Alto Recreation
Wellness Center

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CITY COUNCIL
Colleague’s Memo
Sponsor(s): Council Member Lydia Kou,
Council Member Greer Stone
Meeting Date: December 2, 2024
Report #: 2410-3590
TITLE
Colleague's Memo: Resolution Supporting the Efforts of the Amah Mutsun Tribal Band to Preserve Juristac/Sargent Ranch as Open Space

RECOMMENDATION
The City of Palo Alto has treasured our own open spaces; Enid Pearson Arastradero Preserve, Foothills Nature Preserve, and Baylands Open Space Preserve, for their beauty and biodiversity.

Palo Alto has had Climate Change & Natural Environment – Protection and Adaptation as a Council Priority for 4 years, signaling that the natural environment and biodiversity is just as important as tech solutions when it comes to addressing climate change. Protecting biodiversity in our region is directly connected to the health and wellbeing of our own community as the cumulative impacts of the destruction of these sensitive habitats impacts us all.

Our recommendation is to sign and send a Resolution to the Santa Clara County Board of Supervisors to support and stand with the Amah Mutsun Tribal Band, environmental groups, and concerned citizens to protect the ecologically sensitive ancient ceremonial site, called Juristac, located in south Santa Clara County, and to reject the proposed Sargent Quarry Project http://protectjuristac.org
GOAL
To stand in support with the Amah Mutsun Tribal Band, environmental groups, and concerned citizens to protect the ecologically sensitive ancient ceremonial site called Juristac, located in south Santa Clara County, and to oppose granting a permit to an investor group based in San Diego who is currently seeking to develop a 403-acre open pit sand and gravel mining operation at the proposed Sargent Quarry. The plan includes a 14-acre processing plant, three 200-foot- deep open pit quarry sites, a 1.6-mile-long conveyor belt, and a 20-foot wide access road. 1 Additionally, an estimated 35 million cubic yards of excavated material (sand and gravel aggregate), with 25.3 million cubic yards of salable material (equal to 38 million tons of salable product) would be produced over the 30-year life of the mine, primarily for use in local road building and general construction.
1 https://plandev.sccgov.org/policies-programs/smara/sargent Item 19
Item 19 Colleague's
Memo

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BACKGROUND
The Amah Mutsun Tribal Band represents descendants of indigenous people who survived relocation to Mission San Juan Bautista and Mission Santa Cruz. At the time, Mutsun ancestors were taken into the missions from many villages at Juristac and surrounding Mutsun territory.

After the missions closed in the 1830’s, some Mutsun people returned to their Juristac homelands but another tragedy, the smallpox epidemic, combined with violence and pressures from the Mexican and early American settlers led to the Mutsun people’s dislocation from their Juristac homelands.

To the Mutsun people, the entire area now known as Sargent Ranch and previously named Rancho Juristac is contained within the Juristac Tribal Cultural Landscape. The area contains several cultural sites who the Mutsun people believe is home to a powerful spiritual being; and healing and renewal ceremonies have taken place in the area for centuries. It is an area of cultural and spiritual significance.

The Santa Cruz Sentinel published an op-ed by Amah Mutsun Chairman Lopez and the Center of Biological Diversity’s Tiffany Yap, Senior Scientist and Wildlife Corridor Advocate, that highlights Juristac in relation to the habitat needs of California Condors. “Extinction was imminent for the California condor in 1980, when just 22 majestic birds existed. A captive breeding and reintroduction program rescued them from the edge. This rare sighting of six condors more than 100 miles from their nesting site shows what’s possible if there’s a willingness to combat the extinction crisis. Extinction, after all, is a choice, not an inevitability.

But confronting biodiversity loss and the extinction crisis is hard work. Once condors born in captivity are successfully introduced, their fight for survival has just begun. They face myriad threats including lead poisoning, collision with power lines and encroaching development.

Condors have an incredibly wide range, traveling hundreds of miles in a single day in search of prey. They need foraging habitats to find food and rocky areas to nest but their home turf is constantly under threat.

Outside Gilroy, about 80 miles south of Mount Diablo, officials are considering a proposal to develop a sand and gravel mining operation that would destroy more than 400 acres of essential condor foraging habitat as well as prime habitat for California red-legged frogs, golden eagles, American badgers and mountain lions.”2
2 https://docs.google.com/presentation/d/e/2PACX-
1vRVnG2ZULjZAMbCIXrdaDCvbyzDr4UsO5mYGZ2BkjP1hrKgp0b46LwDHx- vXHwHT1ZZqknyOv3vzl4Q/pub?start=false&loop=false&delayms=60000&slide=id.p Item 19
Item 19 Colleague's
Memo

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Santa Clara County is expected to release a final report later this year that will outline the environmental harms of this project. It is our hope that the real dangers are revealed, and county leaders deny this destructive operation. Digging up these lands would also decimate a landscape with invaluable cultural and spiritual significance. The property lies within Juristac, the most sacred ancestral lands of the Amah Mutsun Tribal Band.

The tribe is very invested in the condor’s comeback, leading ceremonies to release the condors and working with the National Park Service on their recovery. Condors are a culturally significant species, serving as constant messengers between tribal members and their deceased relatives who have passed to the other side.

It is shortsighted to try to recover a species only to turn around to destroy their habitat. Juristac is not only a biodiversity hotspot but an important wildlife connectivity area that links the Santa Cruz Mountains to the Diablo and Gabilan mountain ranges.

Developing a quarry, a processing plant and all the associated roads and infrastructure here would severely degrade one of the last remaining wildlife connectivity areas in the region. This area is crucial for the survival of not just condors but the isolated puma population, which is reaching dangerous levels of inbreeding.

Other threats to Amah Mutsun ancestral lands and this critical connectivity area abound in nearby San Benito County, where the county is pushing to build commercial development projects like Strada Verde, Betabel, and the San Benito Ag Center. The cumulative impacts of these projects would be devastating to the tribe and local wildlife.

Overdevelopment has led to habitat fragmentation and an extinction crisis that goes far beyond condors. We have to avoid the mistakes that brought us to this extinction crisis in the first place.

Otherwise, poorly planned development will lead to a world where the sight of condors soaring overhead is a mere fantasy.”3

FISCAL/RESOURCE IMPACT
The property at issue is located in south Santa Clara County and under review by the Santa Clara County Department of Planning and Development. As such, staff has not conducted an independent review of the proposed development or other facts. Should the Council wish to proceed with adoption of the recommended Resolution as presented, staff does not anticipate any additional resource impact. However, should Council desire further review and analysis of issues, staff would need to evaluate the resources required and any impact to ongoing priorities.

ATTACHMENTS
Attachment A - Resolution in Support of the Efforts of the Amah Mutsun Tribal Bank to Preserve Juristac Sargent Ranch as Open Space
3 https://www.santacruzsentinel.com/2024/04/10/guest-commentary-condors-were-rescued-from-extinction-but- hard-work-has-just-begun/
Item 19
Item 19 Colleague's
Memo

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Resolution No. xxxx

A RESOLUTION OF THE CHARTER CITY OF PALO ALTO, CALIFORNIA IN SUPPORT OF THE EFFORTS OF

THE AMAH MUTSUN TRIBAL BAND TO PRESERVE JURISTAC/SARGENT RANCH AS OPEN SPACE BE IT RESOLVED BY THE CHARTER CITY OF PALO ALTO AS FOLLOWS:

WHEREAS, the Charter City of Palo Alto is located within the ancestral lands of Ramaytush-speaking Ohlone peoples, represented today by the Muwekma Ohlone Tribe, Association of Ramaytush Ohlone, and other tribal nations;
WHEREAS, the Amah Mutsun Tribal Band is comprised of descendants of Mutsun-speaking Ohlone peoples, whose ancestral territory includes southern portions of Santa Clara County; WHEREAS, the Amah Mutsun Tribal Band, Muwekma Ohlone Tribe, Association of Ramaytush Ohlone, and other Ohlone tribal nations and families survived two centuries of violent persecution and displacement during the Spanish, Mexican and American periods and today are working diligently to restore their Indigenous practices, regain stewardship of their lands and heal from historical trauma; WHEREAS, the area known as Juristac to the Amah Mutsun Tribal Band is the location of numerous historic ceremonial and sacred sites, comprising a landscape of paramount cultural and spiritual importance to the Amah Mutsun Tribal Band;
WHEREAS, the Debt Acquisition Company of America, doing business as Sargent Ranch Management Company, has applied to the County of Santa Clara for a conditional use permit for a proposed sand and gravel mining operation with aggregate processing facilities on 403 acres within the landscape of Juristac, called Sargent Ranch by the Debt Acquisition Company of America; WHEREAS, the Draft Environmental Impact Report (DEIR) prepared by Santa Clara County found that the Sargent Ranch Quarry would cause 14 separate significant and unavoidable impacts, including “permanent and irreversible alterations” to the Juristac Tribal Cultural Landscape that no reclamation activities could ever restore, and could also result in potential disturbance of archeological sites and human burials;
WHEREAS, the DEIR further found that the Sargent Ranch Quarry, due to its location directly across a major wildlife corridor in and out of the Santa Cruz Mountains, would interfere substantially with wildlife movement, which could reduce genetic variability and make populations of animals such as mountain lions more vulnerable to local extinction;
WHEREAS, the Tribal Council of the Amah Mutsun Tribal Band has taken a unanimous stand in opposition to the Sargent Ranch Quarry Project and is requesting the support of surrounding communities in efforts to protect their sacred grounds;
WHEREAS, every major environmental organization in Santa Clara County, as well as several statewide and national environmental organizations, has announced public opposition to the Sargent Ranch Quarry; WHEREAS, resolutions supporting the efforts of the Amah Mutsun Tribal Band to preserve the entirety of Juristac as open space have been unanimously adopted by the city councils of the City of Gilroy, City of Item 19
Attachment A -
Resolution in Support of
the Efforts of the Amah
Mutsun Tribal Bank to
Preserve Juristac Sargent
Ranch as Open Space

Item 19: Staff Report
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Mountain View, City of Morgan Hill, City of Santa Cruz, City of Santa Clara, and City of Sunnyvale, as well as the Santa Cruz County Board of Supervisors, the California Democratic Party, and the Santa Clara County Democratic Party;
WHEREAS, the Santa Clara County Human Rights Commission has voted unanimously to recognize the desecration of the Amah Mutsun sacred site of Juristac as a significant human rights issue and to recommend that the County of Santa Clara deny approval of permits for the proposed mine; WHEREAS, Juristac/Sargent Ranch is an open space area of exceptional regional significance and habitat value as recognized by the Santa Clara Valley Habitat Agency, the Santa Clara Valley Open Space Authority, and regional conservation organizations;
WHEREAS, the Sargent Ranch area is identified in the Santa Clara Valley Habitat Conservation Plan and other regional habitat connectivity studies as a critically important wildlife corridor linking the Santa Cruz Mountains, Gabilan Mountains, and Diablo Range;
WHEREAS, the Palo Alto Comprehensive Plan includes a Natural Environment Element that clearly demonstrates the City’s commitment to protection of the natural environment, including policies calling for the protection of special-status species and plant communities (Policy N-1.4), preservation of the foothills and hillside areas for their unique value as natural ecosystems and interconnected wildlife corridors (N-1.6), minimizing impacts of any new development on the natural ecology of the hillsides (Policy N-1.8), and supporting regional and sub-regional efforts for a seamless open space system, including habitat linkages and trail connections (Policy N-1.10); WHEREAS, the Palo Alto Comprehensive Plan calls for the protection of archeological resources, including natural land formations, sacred sites, the historical landscape, historic habitats and remains of settlements here before the founding of Palo Alto in the 19th century (Policy L-7.15); WHEREAS, the Amah Mutsun Tribe is very invested in the condor’s comeback, leading ceremonies to release the condors and working with the National Park Service on their recovery. Condors are a culturally significant species, serving as constant messengers between tribal members and their deceased relatives who have passed to the other side. It is shortsighted to try to recover a species only to turn around to destroy their habitat;
WHEREAS, Juristac is not only an important wildlife connectivity area, it is also a prime habitat for California red-legged frogs, golden eagles, American badgers and mountain lions and is an area crucial for the survival of not just condors but many other species; NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CHARTER CITY OF PALO ALTO AS FOLLOWS:
1) That the City Council of the Charter City of Palo Alto supports the efforts of the Amah Mutsun Tribal Band to preserve Juristac/Sargent Ranch as open space in perpetuity and to regain access to their cultural and spiritual sites at Juristac.
2) That the City Council of the Charter City of Palo Alto supports the Amah Mutsun Tribal Band’s preference to retain the name of the open space as Juristac. 3) That the Charter City of Palo Alto urges the County of Santa Clara to deny approval of permits for the proposed Sargent Ranch Quarry Project.

Item 19
Attachment A -
Resolution in Support of
the Efforts of the Amah
Mutsun Tribal Bank to
Preserve Juristac Sargent
Ranch as Open Space

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4) Effective date. This resolution shall become effective immediately.

PASSED AND ADOPTED by the City Council of the Charter City of Palo Alto at its meeting held on this xxth day of xxxx month by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Item 19
Attachment A -
Resolution in Support of
the Efforts of the Amah
Mutsun Tribal Bank to
Preserve Juristac Sargent
Ranch as Open Space

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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Planning and Development Services
Meeting Date: December 2, 2024
Report #:2411-3740
TITLE
Appointment of the Community Advisory Group (CAG) for Downtown Housing Plan. CEQA Status – Not a Project.

RECOMMENDATION
No action requested.

BACKGROUND
On February 26, 20241 the City Council approved a contract with Wallace Roberts & Todd, LLC (WRT) to provide planning and consulting services for the development of a Downtown Housing Plan, with additional project management support from Good City Company. The Downtown Housing Plan study area2 covers approximately 90 acres and is a sub-area of the Downtown Palo Alto Priority Development Area (PDA).

The Downtown Housing Plan requires extensive community outreach and participation. A critical component is the Community Advisory Group (CAG) which will serve an advisory role and provide feedback at key junctures of the project. Staff suggested a list of stakeholder categories that would be required to provide input on the planning initiative. The Housing Ad Hoc Committee provided input in May 2024 on representative stakeholder categories for the Downtown Housing Plan CAG (listed below). The City Council received an Informational Report3 on June 17, 2024, outlining the process for the appointment of CAG members by the City Manager (or designee) with input from the Housing Ad Hoc Committee.

An online application process allowed residents to apply for the CAG. Staff received a total of 25 applications through the online application process. Some of the representative categories did not have any or enough applicants for staff to make a recommendation. In August 2024, 1https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/long-range- planning/area-plans-and-studies/council-2.26.24_item9.pdf 2https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/long-range- planning/area-plans-and-studies/council-9.23_item5.pdf
3https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/long-range- planning/area-plans-and-studies/council-6.17.24_item34.pdf Item 20
Item 20 Staff Report

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following consultation with the Housing Ad Hoc Committee staff proceeded with seeking additional applicants for those categories. A total of 14 applicants were appointed to the CAG with input from the Housing Ad Hoc Committee.

ANALYSIS
Community Advisory Group Purpose
The CAG will play an important role in providing feedback to the project team throughout the Downtown Housing Plan's development. Their work is expected to include:
•Discussing the broad vision and guiding principles for the plan. •Providing input on the community engagement strategy.
•Reviewing and responding to baseline data, analyses, recommendations, summaries of community engagement activities, and presentations.
•Providing feedback on goals and policies related to housing, land use, and transportation; and
•Considering key issues and trade-offs and offering insights on the draft Plan.

The following is the list of categories staff sought representation from to form the Downtown Housing Plan CAG:

1. Resident (Renter) – 1

2. Resident (Homeowner) – 1

3. Resident (Homeowner – lives outside the project area) – 1

4. Business Owner/Employed by a business in the project area – 2

5. Housing/Mixed-use Developer/Designer – 1

6. Affordable Housing/ Non-Profit Housing Group Representative – 1

7. Commercial Property Owner/Manager/Broker – 2

8. Community Interest Group Representative/Senior Housing Advocate – 1

9. Planning and Transportation Commissioner – 1

10. Architectural Review Board/Human Relations Commission – 1

11. Chamber of Commerce – 1

12. Educational Institution Representative – 1

Staff prioritized residents of the City of Palo Alto unless the category didn’t receive an application from a resident and/or required specific expertise that best suited the project's goals and objectives.

Next Steps
The project team seeks to schedule the first CAG meeting in mid-December. If a member from the final list of appointees can no longer participate in the planning process, the City Manager may appoint a replacement.

Item 20
Item 20 Staff Report

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FISCAL/RESOURCE IMPACT
The costs associated with the recruitment and convention of the CAG and facilitation of the CAG meetings are included in the project budget.

STAKEHOLDER ENGAGEMENT
Public engagement is an important part of the Downtown Housing Plan development. In addition to the Community Advisory Group, the community will be engaged through workshops, pop-up events, online surveys, stakeholder interviews, and a developer round table facilitated by the project team. The project webpage, Downtown Housing Plan – City of Palo Alto, CA, launched in early May, is regularly updated to ensure that the community has access to up-to-date information about the planning process.

The project team organized the first Downtown Housing Plan Community Open House on October 10, 2024, at the City Hall Community Meeting Room. The Open House was attended by approximately 30 community members. The goal of the Open House was to provide attendees with an opportunity to learn about the project and offer feedback on the critical issues related to housing in downtown Palo Alto. The content focused on preliminary information from the existing conditions assessment.

ENVIRONMENTAL REVIEW
Council action on this Informational Report is not a project as defined by the California Environmental Quality Act (CEQA) in that establishing the CAG is an administrative activity that will not result in direct or indirect physical changes to the environment. CEQA Guidelines Section 15378(b)(5). Staff will undertake the appropriate CEQA review for the Downtown Housing Plan.

ATTACHMENTS
Attachment A: Downtown Housing Plan Community Advisory Group Appointees APPROVED BY:

Jonathan Lait, Planning and Development Services Director Item 20
Item 20 Staff Report

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Downtown Housing Plan Community Advisory Group Appointees

Resident (Renter) – 1

Sudha Fatima
Resident (Homeowner near project area): Downtown North resident Additional Categories Represented:
• Renter Organization Representative
• Affordable Housing/Non-Profit Housing Group Representative: Palo Alto Forward

Resident (Homeowner) – 1

Donald Barr
Resident (Homeowner near project area): University South resident Additional Categories Represented:
• HRC Commissioner
• Affordable Housing/Non-Profit Housing Group Representative: Avenidas (Board of Directors)
• Community Interest Group Representative/ Senior Housing Advocate:
o Community Working Group
o 501c (3) Foundation

Resident (Homeowner – Lives outside the project area) – 1

Jennifer Buenrostro
Resident (Homeowner: lives outside the project area): Palo Alto resident Additional Categories Represented:
• Business Owner/Employed by a business in the project area: Realtor with Compass, Palo Alto.
• Community Interest Group Representative/ Senior Housing Advocate:
o Neighbors Abroad of Palo Alto (Board Member)
o Woman’s Club of Palo Alto representative

Business Owner/Employed by a business in the project area – 2

Stephanie Wansek
Business Owner/Employed by a business in the project area: The Cardinal Hotel Prior Community Involvement: Has extensive experience managing large-scale historic renovation projects, overseeing property management and improvements, and was involved in the creation of the Palo Alto Downtown BID and the Palo Alto Hotel Council.

Nancy Coupal
Business Owner/ Employed by a business in the project area: Coupa Cafe (President) Additional Categories represented:
• Community Interest Group Representative/ Senior Housing Advocate:
o Chamber of Commerce (Board of Directors)
o La Comida de California
Item 20
Attachment A -
Downtown Housing Plan
Community Advisory
Group Appointees

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o Silicon Valley Committee of Human Rights Watch
o Sponsor of the United Nations Association Film Festival (UNAFF) Prior Community Involvement: Has been involved with multiple committees for outdoor dining and pedestrian-friendly streets and the use of parklets.

Housing/ Mixed-use Developer/ Designer – 1

Ken Hayes
Housing/ Mixed-use Developer/ Designer: Hayes Group Architects (Founder and Principal) Additional Categories represented:
• Community Interest Group Representative/ Senior Housing Advocate:
o 501c (3) Foundation
o Rotary Club Woodside Portola Valley
Prior Community Involvement: Served on the Advisory Group of the SOFA 2.

Affordable Housing/ Non-Profit Housing Group Representative – 1

Aubrey Merriman
Community Interest Group Representative/ Senior Housing Advocate: LifeMoves (CEO) Additional Categories Represented:
• Non-resident.
• Affordable Housing/ Non-Profit Housing Group Representative: SV@Homes (Vice Chair) Prior Community Involvement: Partnered with the City of Pal Alto on Project Homekey.

Commercial Property Owner/ Manager/ Broker – 2

John Shenk
Commercial Property Owner/ Manager/ Broker: Property Manager Additional Categories Represented:
• Business Owner/ Employed by a business in the project area: Thoits Bros. Inc. (CEO)

Brad Ehikian
Commercial Property Owner/ Manager/ Broker: Broker and Property Manager Additional Categories Represented:
• Business Owner/ Employed by a business in the project area: Premier Properties.

Prior Community Involvement: Former Board Chair of the Downtown Palo Alto Business and Professional Association (PAD) and former Board Chair and current Board Member of the Palo Alto Transportation Managing Association.

Community Interest Group Representative/ Senior Housing Advocate – 1

Yadira Aldana
Community Interest Group Representative/ Senior Housing Advocate: Conscious Touch Teams (Board Member)
Additional Categories Represented:
• Non-resident.

Item 20
Attachment A -
Downtown Housing Plan
Community Advisory
Group Appointees

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• Affordable Housing/ Non-Profit Housing Group Representative: Avenidas (Vice President of Programs)

Planning and Transportation Commissioner – 1

Allen Akin
Planning and Transportation Commission: Commissioner
Prior Community Involvement: Participated actively in the Downtown Transportation and Parking studies and the Residential Preferential Parking Program and served on the Professorville Historic Design Guidelines Committee.

Architectural Review Board/ Human Relations Commission – 1

Kendra Rosenberg
Architectural Review Board (ARB)/ Human Relations Commission (HRC): ARB Chair Additional Categories represented:
• Housing/ Mixed-use Developer/ Designer

Chamber of Commerce – 1

Charlie Weidanz
Chamber of Commerce: Palo Alto Chamber of Commerce (President and CEO)

Educational Institution Representative – 1

Lee Pfab
Educational Institution Representative: Palo Alto Community Child Care (CEO) Additional Categories Represented:
• Non-resident
• Community Interest Group Representative/ Senior Housing Advocate:
o Palo Alto Advisory Council for Early Childhood Education o Stanford Children’s Health Community Benefits Council o Santa Clara Build the Future
o Chamber of Commerce (Board of Directors)

Item 20
Attachment A -
Downtown Housing Plan
Community Advisory
Group Appointees

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