CITY COUNCIL
Regular Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:55 PM)
1. Appreciation for Congresswoman Anna Eshoo for her Many Years Serving Palo Alto and the Region
2. Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:55 ‐ 6:25 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCILMEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:25 ‐ 6:30 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:30 ‐ 6:35 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from November 12, 2024 and November 18, 2024 Meetings
4. Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
5. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project
6. Approval of Professional Services Contract Number C25191013 with BKF Engineers in an Amount Not to Exceed $451,705 for Preliminary Engineering (PE) Design Services for Railroad Crossing Safety Improvements for a Period of Four Years; CEQA status ‐ categorically exempt under CEQA Guidelines Section 15301.
7. Approval of Professional Services Contract Number C25191563 with Navia Benefits Solutions Inc. in an Amount Not to Exceed $179,730 as the City of Palo Alto’s Administrator for City Employee Benefit Services of Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a Period of Five Years; CEQA Status – Not a Project.
8. Approval of Professional Services Contract No. C25193007 with Watry Design, Inc. in the Amount of $2,403,592 to Provide Design, Environmental Review, and Construction Administration Services for the New Downtown Parking Garage, Capital Improvement Program Project (PE‐15007); CEQA Status: Not a Project
9. Approval of Contract Amendment Number 1 to Contract Number C23186719 with CivicPlus, LLC in the amount of $48,265 for Additional Features and Security for Existing Recreation Management Software for a new not‐to‐exceed of $783,330; CEQA Status – Not a Project.
10. Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber‐Stroeh Engineering Group Inc. in the Amount of $25,000 for a total not to exceed amount of $189,852 and Extend the Contract Term for the University Avenue Streetscape Update Project (PE‐21004); CEQA status – Not a Project
11. Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions)
12. Approval of the Second Amendment to Lease Agreement Between Palo Alto Unified School District (PAUSD) and City of Palo Alto for a Portion of the Cubberley Site at 4000 Middlefield Road through December 31, 2029, Not‐to‐Exceed $2,500,000 in Rent per Year; CEQA Status—Not a Project
13. Approval of Amendment No. 2 to Contract No. C20176877 with Schaaf & Wheeler in the Amount of $77,360 for a total not‐to‐exceed amount of $867,278 and Extend the Contract Term for the Corporation Way System Upgrades and Pump Station (SD‐21000), West Bayshore Road Pump Station (SD‐20000) and West Bayshore Trunk Line Improvements (SD‐23000) Projects; CEQA Status – Exempt Under CEQA Guidelines Section 15301
14. 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.
15. 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)
16. 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) CITY MANAGER COMMENTS (6:35 ‐ 6:50 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 17: 7:05 ‐ 7:15 PM, Item 18: 7:15 ‐ 9:00 PM, Item 19: 9:00 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
17. 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.
18. 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.
19. Colleague's Memo: Resolution Supporting the Efforts of the Amah Mutsun Tribal Band to Preserve Juristac/Sargent Ranch as Open Space
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
20. Appointment of the Community Advisory Group (CAG) for Downtown Housing Plan.
CEQA Status – Not a Project.
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee December 3, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
1 December 02, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:55 PM)
1. Appreciation for Congresswoman Anna Eshoo for her Many Years Serving Palo Alto and the Region
2. Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:55 ‐ 6:25 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCILMEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:25 ‐ 6:30 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:30 ‐ 6:35 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from November 12, 2024 and November 18, 2024 Meetings
4. Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
5. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project
6. Approval of Professional Services Contract Number C25191013 with BKF Engineers in an Amount Not to Exceed $451,705 for Preliminary Engineering (PE) Design Services for Railroad Crossing Safety Improvements for a Period of Four Years; CEQA status ‐ categorically exempt under CEQA Guidelines Section 15301.
7. Approval of Professional Services Contract Number C25191563 with Navia Benefits Solutions Inc. in an Amount Not to Exceed $179,730 as the City of Palo Alto’s Administrator for City Employee Benefit Services of Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a Period of Five Years; CEQA Status – Not a Project.
8. Approval of Professional Services Contract No. C25193007 with Watry Design, Inc. in the Amount of $2,403,592 to Provide Design, Environmental Review, and Construction Administration Services for the New Downtown Parking Garage, Capital Improvement Program Project (PE‐15007); CEQA Status: Not a Project
9. Approval of Contract Amendment Number 1 to Contract Number C23186719 with CivicPlus, LLC in the amount of $48,265 for Additional Features and Security for Existing Recreation Management Software for a new not‐to‐exceed of $783,330; CEQA Status – Not a Project.
10. Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber‐Stroeh Engineering Group Inc. in the Amount of $25,000 for a total not to exceed amount of $189,852 and Extend the Contract Term for the University Avenue Streetscape Update Project (PE‐21004); CEQA status – Not a Project
11. Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions)
12. Approval of the Second Amendment to Lease Agreement Between Palo Alto Unified School District (PAUSD) and City of Palo Alto for a Portion of the Cubberley Site at 4000 Middlefield Road through December 31, 2029, Not‐to‐Exceed $2,500,000 in Rent per Year; CEQA Status—Not a Project
13. Approval of Amendment No. 2 to Contract No. C20176877 with Schaaf & Wheeler in the Amount of $77,360 for a total not‐to‐exceed amount of $867,278 and Extend the Contract Term for the Corporation Way System Upgrades and Pump Station (SD‐21000), West Bayshore Road Pump Station (SD‐20000) and West Bayshore Trunk Line Improvements (SD‐23000) Projects; CEQA Status – Exempt Under CEQA Guidelines Section 15301
14. 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.
15. 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)
16. 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) CITY MANAGER COMMENTS (6:35 ‐ 6:50 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 17: 7:05 ‐ 7:15 PM, Item 18: 7:15 ‐ 9:00 PM, Item 19: 9:00 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
17. 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.
18. 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.
19. Colleague's Memo: Resolution Supporting the Efforts of the Amah Mutsun Tribal Band to Preserve Juristac/Sargent Ranch as Open Space
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
20. Appointment of the Community Advisory Group (CAG) for Downtown Housing Plan.
CEQA Status – Not a Project.
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee December 3, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
2 December 02, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:55 PM)
1. Appreciation for Congresswoman Anna Eshoo for her Many Years Serving Palo Alto and the Region
2. Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:55 ‐ 6:25 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCILMEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:25 ‐ 6:30 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:30 ‐ 6:35 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from November 12, 2024 and November 18, 2024 Meetings
4. Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
5. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project
6. Approval of Professional Services Contract Number C25191013 with BKF Engineers in an Amount Not to Exceed $451,705 for Preliminary Engineering (PE) Design Services for Railroad Crossing Safety Improvements for a Period of Four Years; CEQA status ‐ categorically exempt under CEQA Guidelines Section 15301.
7. Approval of Professional Services Contract Number C25191563 with Navia Benefits Solutions Inc. in an Amount Not to Exceed $179,730 as the City of Palo Alto’s Administrator for City Employee Benefit Services of Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a Period of Five Years; CEQA Status – Not a Project.
8. Approval of Professional Services Contract No. C25193007 with Watry Design, Inc. in the Amount of $2,403,592 to Provide Design, Environmental Review, and Construction Administration Services for the New Downtown Parking Garage, Capital Improvement Program Project (PE‐15007); CEQA Status: Not a Project
9. Approval of Contract Amendment Number 1 to Contract Number C23186719 with CivicPlus, LLC in the amount of $48,265 for Additional Features and Security for Existing Recreation Management Software for a new not‐to‐exceed of $783,330; CEQA Status – Not a Project.
10. Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber‐Stroeh Engineering Group Inc. in the Amount of $25,000 for a total not to exceed amount of $189,852 and Extend the Contract Term for the University Avenue Streetscape Update Project (PE‐21004); CEQA status – Not a Project
11. Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions)
12. Approval of the Second Amendment to Lease Agreement Between Palo Alto Unified School District (PAUSD) and City of Palo Alto for a Portion of the Cubberley Site at 4000 Middlefield Road through December 31, 2029, Not‐to‐Exceed $2,500,000 in Rent per Year; CEQA Status—Not a Project
13. Approval of Amendment No. 2 to Contract No. C20176877 with Schaaf & Wheeler in the Amount of $77,360 for a total not‐to‐exceed amount of $867,278 and Extend the Contract Term for the Corporation Way System Upgrades and Pump Station (SD‐21000), West Bayshore Road Pump Station (SD‐20000) and West Bayshore Trunk Line Improvements (SD‐23000) Projects; CEQA Status – Exempt Under CEQA Guidelines Section 15301
14. 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.
15. 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)
16. 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) CITY MANAGER COMMENTS (6:35 ‐ 6:50 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 17: 7:05 ‐ 7:15 PM, Item 18: 7:15 ‐ 9:00 PM, Item 19: 9:00 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
17. 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.
18. 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.
19. Colleague's Memo: Resolution Supporting the Efforts of the Amah Mutsun Tribal Band to Preserve Juristac/Sargent Ranch as Open Space
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
20. Appointment of the Community Advisory Group (CAG) for Downtown Housing Plan.
CEQA Status – Not a Project.
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee December 3, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
3 December 02, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:55 PM)
1. Appreciation for Congresswoman Anna Eshoo for her Many Years Serving Palo Alto and the Region
2. Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:55 ‐ 6:25 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCILMEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:25 ‐ 6:30 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:30 ‐ 6:35 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from November 12, 2024 and November 18, 2024 Meetings
4. Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
5. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project
6. Approval of Professional Services Contract Number C25191013 with BKF Engineers in an Amount Not to Exceed $451,705 for Preliminary Engineering (PE) Design Services for Railroad Crossing Safety Improvements for a Period of Four Years; CEQA status ‐ categorically exempt under CEQA Guidelines Section 15301.
7. Approval of Professional Services Contract Number C25191563 with Navia Benefits Solutions Inc. in an Amount Not to Exceed $179,730 as the City of Palo Alto’s Administrator for City Employee Benefit Services of Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a Period of Five Years; CEQA Status – Not a Project.
8. Approval of Professional Services Contract No. C25193007 with Watry Design, Inc. in the Amount of $2,403,592 to Provide Design, Environmental Review, and Construction Administration Services for the New Downtown Parking Garage, Capital Improvement Program Project (PE‐15007); CEQA Status: Not a Project
9. Approval of Contract Amendment Number 1 to Contract Number C23186719 with CivicPlus, LLC in the amount of $48,265 for Additional Features and Security for Existing Recreation Management Software for a new not‐to‐exceed of $783,330; CEQA Status – Not a Project.
10. Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber‐Stroeh Engineering Group Inc. in the Amount of $25,000 for a total not to exceed amount of $189,852 and Extend the Contract Term for the University Avenue Streetscape Update Project (PE‐21004); CEQA status – Not a Project
11. Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions)
12. Approval of the Second Amendment to Lease Agreement Between Palo Alto Unified School District (PAUSD) and City of Palo Alto for a Portion of the Cubberley Site at 4000 Middlefield Road through December 31, 2029, Not‐to‐Exceed $2,500,000 in Rent per Year; CEQA Status—Not a Project
13. Approval of Amendment No. 2 to Contract No. C20176877 with Schaaf & Wheeler in the Amount of $77,360 for a total not‐to‐exceed amount of $867,278 and Extend the Contract Term for the Corporation Way System Upgrades and Pump Station (SD‐21000), West Bayshore Road Pump Station (SD‐20000) and West Bayshore Trunk Line Improvements (SD‐23000) Projects; CEQA Status – Exempt Under CEQA Guidelines Section 15301
14. 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.
15. 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)
16. 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) CITY MANAGER COMMENTS (6:35 ‐ 6:50 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 17: 7:05 ‐ 7:15 PM, Item 18: 7:15 ‐ 9:00 PM, Item 19: 9:00 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
17. 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.
18. 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.
19. Colleague's Memo: Resolution Supporting the Efforts of the Amah Mutsun Tribal Band to Preserve Juristac/Sargent Ranch as Open Space
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
20. Appointment of the Community Advisory Group (CAG) for Downtown Housing Plan.
CEQA Status – Not a Project.
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee December 3, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
4 December 02, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:55 PM)
1. Appreciation for Congresswoman Anna Eshoo for her Many Years Serving Palo Alto and the Region
2. Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:55 ‐ 6:25 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCILMEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:25 ‐ 6:30 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:30 ‐ 6:35 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from November 12, 2024 and November 18, 2024 Meetings
4. Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
5. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project
6. Approval of Professional Services Contract Number C25191013 with BKF Engineers in an Amount Not to Exceed $451,705 for Preliminary Engineering (PE) Design Services for Railroad Crossing Safety Improvements for a Period of Four Years; CEQA status ‐ categorically exempt under CEQA Guidelines Section 15301.
7. Approval of Professional Services Contract Number C25191563 with Navia Benefits Solutions Inc. in an Amount Not to Exceed $179,730 as the City of Palo Alto’s Administrator for City Employee Benefit Services of Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a Period of Five Years; CEQA Status – Not a Project.
8. Approval of Professional Services Contract No. C25193007 with Watry Design, Inc. in the Amount of $2,403,592 to Provide Design, Environmental Review, and Construction Administration Services for the New Downtown Parking Garage, Capital Improvement Program Project (PE‐15007); CEQA Status: Not a Project
9. Approval of Contract Amendment Number 1 to Contract Number C23186719 with CivicPlus, LLC in the amount of $48,265 for Additional Features and Security for Existing Recreation Management Software for a new not‐to‐exceed of $783,330; CEQA Status – Not a Project.
10. Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber‐Stroeh Engineering Group Inc. in the Amount of $25,000 for a total not to exceed amount of $189,852 and Extend the Contract Term for the University Avenue Streetscape Update Project (PE‐21004); CEQA status – Not a Project
11. Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions)
12. Approval of the Second Amendment to Lease Agreement Between Palo Alto Unified School District (PAUSD) and City of Palo Alto for a Portion of the Cubberley Site at 4000 Middlefield Road through December 31, 2029, Not‐to‐Exceed $2,500,000 in Rent per Year; CEQA Status—Not a Project
13. Approval of Amendment No. 2 to Contract No. C20176877 with Schaaf & Wheeler in the Amount of $77,360 for a total not‐to‐exceed amount of $867,278 and Extend the Contract Term for the Corporation Way System Upgrades and Pump Station (SD‐21000), West Bayshore Road Pump Station (SD‐20000) and West Bayshore Trunk Line Improvements (SD‐23000) Projects; CEQA Status – Exempt Under CEQA Guidelines Section 15301
14. 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.
15. 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)
16. 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) CITY MANAGER COMMENTS (6:35 ‐ 6:50 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 17: 7:05 ‐ 7:15 PM, Item 18: 7:15 ‐ 9:00 PM, Item 19: 9:00 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
17. 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.
18. 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.
19. Colleague's Memo: Resolution Supporting the Efforts of the Amah Mutsun Tribal Band to Preserve Juristac/Sargent Ranch as Open Space
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
20. Appointment of the Community Advisory Group (CAG) for Downtown Housing Plan.
CEQA Status – Not a Project.
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee December 3, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
5 December 02, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:55 PM)
1. Appreciation for Congresswoman Anna Eshoo for her Many Years Serving Palo Alto and the Region
2. Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:55 ‐ 6:25 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCILMEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:25 ‐ 6:30 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:30 ‐ 6:35 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from November 12, 2024 and November 18, 2024 Meetings
4. Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
5. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project
6. Approval of Professional Services Contract Number C25191013 with BKF Engineers in an Amount Not to Exceed $451,705 for Preliminary Engineering (PE) Design Services for Railroad Crossing Safety Improvements for a Period of Four Years; CEQA status ‐ categorically exempt under CEQA Guidelines Section 15301.
7. Approval of Professional Services Contract Number C25191563 with Navia Benefits Solutions Inc. in an Amount Not to Exceed $179,730 as the City of Palo Alto’s Administrator for City Employee Benefit Services of Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a Period of Five Years; CEQA Status – Not a Project.
8. Approval of Professional Services Contract No. C25193007 with Watry Design, Inc. in the Amount of $2,403,592 to Provide Design, Environmental Review, and Construction Administration Services for the New Downtown Parking Garage, Capital Improvement Program Project (PE‐15007); CEQA Status: Not a Project
9. Approval of Contract Amendment Number 1 to Contract Number C23186719 with CivicPlus, LLC in the amount of $48,265 for Additional Features and Security for Existing Recreation Management Software for a new not‐to‐exceed of $783,330; CEQA Status – Not a Project.
10. Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber‐Stroeh Engineering Group Inc. in the Amount of $25,000 for a total not to exceed amount of $189,852 and Extend the Contract Term for the University Avenue Streetscape Update Project (PE‐21004); CEQA status – Not a Project
11. Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions)
12. Approval of the Second Amendment to Lease Agreement Between Palo Alto Unified School District (PAUSD) and City of Palo Alto for a Portion of the Cubberley Site at 4000 Middlefield Road through December 31, 2029, Not‐to‐Exceed $2,500,000 in Rent per Year; CEQA Status—Not a Project
13. Approval of Amendment No. 2 to Contract No. C20176877 with Schaaf & Wheeler in the Amount of $77,360 for a total not‐to‐exceed amount of $867,278 and Extend the Contract Term for the Corporation Way System Upgrades and Pump Station (SD‐21000), West Bayshore Road Pump Station (SD‐20000) and West Bayshore Trunk Line Improvements (SD‐23000) Projects; CEQA Status – Exempt Under CEQA Guidelines Section 15301
14. 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.
15. 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)
16. 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) CITY MANAGER COMMENTS (6:35 ‐ 6:50 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 17: 7:05 ‐ 7:15 PM, Item 18: 7:15 ‐ 9:00 PM, Item 19: 9:00 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
17. 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.
18. 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.
19. Colleague's Memo: Resolution Supporting the Efforts of the Amah Mutsun Tribal Band to Preserve Juristac/Sargent Ranch as Open Space
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
20. Appointment of the Community Advisory Group (CAG) for Downtown Housing Plan.
CEQA Status – Not a Project.
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee December 3, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
6 December 02, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:55 PM)
1. Appreciation for Congresswoman Anna Eshoo for her Many Years Serving Palo Alto and the Region
2. Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:55 ‐ 6:25 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCILMEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:25 ‐ 6:30 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:30 ‐ 6:35 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from November 12, 2024 and November 18, 2024 Meetings
4. Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
5. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project
6. Approval of Professional Services Contract Number C25191013 with BKF Engineers in an Amount Not to Exceed $451,705 for Preliminary Engineering (PE) Design Services for Railroad Crossing Safety Improvements for a Period of Four Years; CEQA status ‐ categorically exempt under CEQA Guidelines Section 15301.
7. Approval of Professional Services Contract Number C25191563 with Navia Benefits Solutions Inc. in an Amount Not to Exceed $179,730 as the City of Palo Alto’s Administrator for City Employee Benefit Services of Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a Period of Five Years; CEQA Status – Not a Project.
8. Approval of Professional Services Contract No. C25193007 with Watry Design, Inc. in the Amount of $2,403,592 to Provide Design, Environmental Review, and Construction Administration Services for the New Downtown Parking Garage, Capital Improvement Program Project (PE‐15007); CEQA Status: Not a Project
9. Approval of Contract Amendment Number 1 to Contract Number C23186719 with CivicPlus, LLC in the amount of $48,265 for Additional Features and Security for Existing Recreation Management Software for a new not‐to‐exceed of $783,330; CEQA Status – Not a Project.
10. Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber‐Stroeh Engineering Group Inc. in the Amount of $25,000 for a total not to exceed amount of $189,852 and Extend the Contract Term for the University Avenue Streetscape Update Project (PE‐21004); CEQA status – Not a Project
11. Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions)
12. Approval of the Second Amendment to Lease Agreement Between Palo Alto Unified School District (PAUSD) and City of Palo Alto for a Portion of the Cubberley Site at 4000 Middlefield Road through December 31, 2029, Not‐to‐Exceed $2,500,000 in Rent per Year; CEQA Status—Not a Project
13. Approval of Amendment No. 2 to Contract No. C20176877 with Schaaf & Wheeler in the Amount of $77,360 for a total not‐to‐exceed amount of $867,278 and Extend the Contract Term for the Corporation Way System Upgrades and Pump Station (SD‐21000), West Bayshore Road Pump Station (SD‐20000) and West Bayshore Trunk Line Improvements (SD‐23000) Projects; CEQA Status – Exempt Under CEQA Guidelines Section 15301
14. 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.
15. 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)
16. 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) CITY MANAGER COMMENTS (6:35 ‐ 6:50 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 17: 7:05 ‐ 7:15 PM, Item 18: 7:15 ‐ 9:00 PM, Item 19: 9:00 ‐ 9:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
17. 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.
18. 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.
19. Colleague's Memo: Resolution Supporting the Efforts of the Amah Mutsun Tribal Band to Preserve Juristac/Sargent Ranch as Open Space
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
20. Appointment of the Community Advisory Group (CAG) for Downtown Housing Plan.
CEQA Status – Not a Project.
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee December 3, 2024
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
7 December 02, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
5 8
6 0
City Council
Staff Report
From: City Manager
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: December 2, 2024
Report #:2411-3743
TITLE
Appreciation for Congresswoman Anna Eshoo for her Many Years Serving Palo Alto and the Region.
ATTACHMENTS
Attachment A: Proclamation Honoring Congresswoman Anna Eshoo APPROVED BY:
Ed Shikada, City Manager
Item 1
Item 1 Staff Report
Item 1: Staff Report
Pg.
1 Packet Pg. 8 of 314
HONORING CONGRESSWOMAN ANNA ESHOO
WHEREAS, the Honorable Anna Eshoo has dedicated her life to making an impact as shown through her 60+ bills and amendments signed into law under five presidents. She is one of the most effective Congress members, having expanded healthcare, advanced climate protections, and promoted economic growth; she has dutifully shared her expertise in telecommunications, technology, and social services; and
WHEREAS, Anna has roots in Silicon Valley as a graduate of Cañada College and the CORO Foundation; she was also awarded an Honorary Degree by Menlo College. She was elected to the San Mateo County Board of Supervisors in 1982 and served as its President in 1986. Anna served as the Chief of Staff for Speaker Leo McCarthy of the California State Assembly and was the first woman to Chair the San Mateo County Democratic Party; and
WHEREAS, Anna is an inspiration as the first woman to win her Silicon Valley Congressional District (previously the 14th Congressional District). In 1992 Anna was elected as the Democratic Leader and Chair of the House Health Subcommittee in the 116th and 117th Congress, the first woman to fill that role. Anna was honored as a national leader on technology policy, authoring the successful electronic signature law, developing a legislative framework for AI industry regulation, and advocating in Congress to safeguard individual privacy; and
WHEREAS, Anna’s commitment to improv e community quality of life is exemplified in her legislative accomplishments; authoring and passing the Affordable Care Act, creating the Advanced Research Projects Agency for Health, securing $6 million for Caltrain Grade Separations, and securing over $1 billion for Caltrain electrification to improve air quality by over 97% and reduce annual greenhouse gases by over 176,000 metric tons of CO2; and
WHEREAS, Anna’s representation of Palo Alto residents is shown through her support of community fiber expansion and protection of the State and Local Tax Deduction. She preserved thousands of acres of land for conservation, including the South Bay Salt Ponds Restoration Project, the Phleger Estate, and the Cotoni Coast Dairy.
She secured $4.5 million for the Palo Alto Museum’s Historic Roth Building preservation and $850,000 to electrify Buena Vista Mobile Home Park. She advocated for federal funding for the Palo Alto Regional Water Quality Control Plant and secured $2 million to add case management, outreach, and M ental Health First Aid training to the TRUST program. For many years, she hosted the 16 th Congressional District Student Advisory Board and Congressional Art Competition in Palo Alto. She and her staff helped 4,600 Palo Altans resolve issues involving the federal government.
NOW, THEREFORE I, Greer Stone, Mayor of the City of Palo Alto, do hereby recognize Congresswoman Anna Eshoo, a true champion for the American people, for her many years of service to this community and our nation. She began her career with a desire to serve and make long- lasting impacts that improve quality of life and give voice to those who are often unheard. Her work reflects passion and dedication and serves as a pathway for generations to follow towards a hopeful and brighter future.
Presented: December 2, 2024
______________________________
Mayor
Greer Stone
Proclamation
Item 1
Attachment A -
Proclamation Honoring
Congresswoman Anna
Eshoo
Item 1: Staff Report
Pg.
2 Packet Pg. 9 of 314
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: December 2, 2024
Report #:2411-3824
TITLE
Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi
ATTACHMENTS
Attachment A: Proclamation Honoring the Life of Appollonia "Mama Dee" Grey Uhilamoelangi APPROVED BY:
Mahealani Ah Yun
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Honoring the Life and Legacy of Appollonia “Mama Dee” Grey ‘Uhilamoelangi WHEREAS, Appollonia “Mama Dee” Grey ‘Uhilamo elangi devoted three decades of her life to building bridges between the Palo Alto and East Palo Alto communities through heartfelt sharing and mutual collaboration for youth success, cultural preservation, and intercommunity understanding and appreciation; and WHEREAS, Mama Dee was known for her unwavering dedication to sharing the beauty of Pacific Islander culture through the ‘Anamatangi Polynesian Voices organization that she founded with her husband during AAPI Month events, as well as throughout the year; and
WHEREAS, Mama Dee provided critical outreach to Pacific Islander families, including Tinsley Voluntary Transfer Program families in the Palo Alto Unified School District, fostering a sense of cultural belonging and empowerment; and WHEREAS, during the challenging years of the 1990s, when crime and drug use were a threat to communities in our region, Mama Dee was undeterred in her mission to save and up lift youth, offering them a path forward through education, cultural enrichment, and unwavering support; and
WHEREAS, during those critical years, Mama Dee hosted Palo Alto youth on immersive and transformative visits to East Palo Alto to meet community leaders, elected officials, and everyday community residents to overcome stereotypes and fear; and
WHEREAS, Mama Dee partnered with the Palo Alto-based Youth Community Service and other youth-serving nonprofits to engage hundreds of youth and families from bot h communities in Family Service Days and service-learning activities to deepen understanding, familiarity and friendships; and WHEREAS, as a person of faith, Mama Dee dedicated herself to meaningful multifaith understanding and outreach through local congregations, including Palo Alto First Presbyterian, Palo Alto First United Methodist, and the Tongan and Samoan churches; and
WHEREAS, even in her final years, Mama Dee remained a force for good, mobilizing community support and participation during the COVID-19 pandemic and providing a way for community members to contribute support for Tonga following a devastating volcanic eruption in 2022; and
WHEREAS, the City of Palo Alto mourns the passing of Mama Dee on August 10, 2024, yet celebrates her extraordinary life and the profound impact she had on countless individuals.
NOW, THEREFORE I, Greer Stone, Mayor of the City of Palo Alto, do hereby honor the life, legacy, and the indomitable spirit of Appollonia “Mama Dee” Grey ‘Uhilamoelangi, recognizing her as a pillar of cultural enrichment, youth advocacy, and intercommunity understanding, whose contributions will continue to inspire future generations.
Presented: December 2, 2024
______________________________
Greer Stone
Mayor
Proclamation
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Attachment A -
Proclamation Honoring
the Life of Appollonia
Mama Dee Grey
Uhilamoelangi
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 2, 2024
Report #:2411-3778
TITLE
Approval of Minutes from November 12, 2024 and November 18, 2024 Meetings
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: November 12, 2024 Draft Action Minutes
Attachment B: November 18, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
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CITY COUNCIL
DRAFT ACTION MINUTES
Special Meeting
November 12, 2024
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Councilmember Tanaka Arrived at 5:33 P.M.
Present Remotely: Kou
Absent:
Special Orders of the Day
1. Signing of a Friendship City Agreement between the City of Palo Alto and Narok, Kenya in Celebration of Palo Alto‘s First Friendship City Item Removed Off Agenda
2. Proclamation Honoring Law Enforcement Records and Support Personnel Week November 11-15, 2024
NO ACTION
Agenda Changes, Additions and Deletions
Public Comment
Councilmember Questions, Comments and Announcements
Study Session
3. Annual Report on Sustainability and Climate Action Plan (S/CAP) Implementation: 2022 Greenhouse Gas Inventory, Quarterly S/CAP Progress Report, and S/CAP Key Performance Indicators Annual Progress Report; CEQA status - Not a Project Item 3
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Action Minutes
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 11/12/2024
NO ACTION
Consent Calendar
Councilmember Tanaka registered a no vote on Agenda Item Number 6.
MOTION: Councilmember Lythcott-Haims moved, seconded by Vice Mayor Lauing to approve Agenda Item Numbers 4-7.
MOTION PASSED ITEMS 4, 5, 7: 7-0
MOTION PASSED ITEM 6: 6-1, Tanaka no
4. Approval of Minutes from October 28, 2024 Meeting
5. Approval of the New Councilmember Onboarding Outline as recommended by the Policy and Services Committee; CEQA – Not a Project
6. Approval of the Tri- Cities Consortium Computer Aided Dispatch System Software Agreement with Sun Ridge Systems Inc. in an Amount Not to Exceed $339,857 for Five Years to Implement a New Computer Aided Dispatch System for the Communications Departments of Palo Alto, Mountain View, and Los Altos; CEQA Status - Not a Project
7. Approval of Construction Contract No. C25190935A with Valhalla Builders in the Amount Not-to-Exceed $392,800 for Children’s Library as part of the Library Automated Materials Handling System Project, Capital Improvement Program Project LB -21000 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that May Develop During the Project Up to a Not-to-Exceed Amount of $39,280; CEQA Status – Exempt under Section 15070
City Manager Comments
Ed Shikada, City Manager
Action Items
8. FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing Regulations and to Implement State Housing Laws Adopted in 2023 and earlier. Provide Direction on: (1) Implementation of AB 2097 (2022) and (2) Implementation of Recently Adopted State Housing Laws from the 2023-24 Legislative Session. CEQA Status - Exempt Pursuant to CEQA Guidelines Section 15061(b)(3).
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 11/12/2024
SUBSTITUTE MOTION: Councilmember Veenker moved, seconded by Councilmember Tanaka to table direction on AB 2097 until such time as legal advice can be produced.
SUBSTITUTE MOTION FAILED: 3-4, Kou, Burt, Lythcott-Haims, Stone no
MOTION: Councilmember Burt moved, seconded by Councilmember Kou to:
1. Direct staff to apply AB 2097 to properties within the radius depicted in Attachment B.
MOTION PASSED: 7-0
MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION: Councilmember Burt moved, seconded by Councilmember Kou to:
2. Require ADA / EVCS parking based on the full amount that would have been required if AB 2097 did not apply.
MOTION PASSED: 6-1, Tanaka no
MOTION: Mayor Stone moved, seconded by Councilmember Veenker to:
1. Adopt the attached ordinance implementing state law and other minor amendments to Titles 18 and 21 of the municipal code , except as modified by the prior motion on AB 2097; and
2. Direct staff to prepare an urgency ordinance for placement on the consent calendar to implement various land use -related state law changes from the 2024 state legislative session.
MOTION PASSED: 6-1, Kou no
Adjournment: The meeting was adjourned at 10:18 P.M.
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 11/12/2024
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423 , the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
November 18, 2024
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Councilmember Tanaka Arrived at 5:32 P.M.
Present Remotely:
Absent:
Agenda Changes, Additions and Deletions
Public Comment
Council Member Questions, Comments and Announcements
Study Session
1. Semi-Annual City Council Discussion with the Independent Police Auditor (IPA)
NO ACTION
Consent Calendar
Councilmember Tanaka registered a no vote on Agenda Item Number 3 and 4.
MOTION: Councilmember Burt moved, seconded by Councilmember Veenker to appro ve Agenda Item Numbers 2-8.
MOTION PASSED ITEMS 2, 5-8: 7-0
MOTION PASSED ITEMS 3, 4: 6-1, Tanaka no
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 11/18/2024
2. Approval of Minutes from November 4, 2024 Meeting
3. Approval of General Services Contract Number C25192518 with Califa Group in an Amount Not to Exceed $330,000 to Provide Procurement of Discounted Library Products for a Period of Three (3) Years; CEQA status – not a project.
4. Adoption of: (1) Revised Salary Schedules for unrepresented Management and Professional employees to increase the Utilities Director Classification by 5% as discussed and recommended by the Finance Committee on October 15, 2024, and (2) revised salary schedule for Service Employees International Union Local 521 in Alignment with one new position change in the FY 2025 Adopted Budget; CEQA Status - not a project
5. Policy and Services Committee Recommends that City Council Accept the City Auditor's Quarterly Sta tus Report for July - September 2024 and Approve Work to Begin on FY2025 Task 6: Evaluation and Benchmarking
6. FIRST READING: Adoption of an Ordinance Continuing the Temporary Program to Expand Outdoor Dining, Retail and Other Activities on Public and Privat e Property through June 30, 2025; Adoption of a Resolution Continuing the Pilot Parklet Demonstration Program through June 30, 2025; CEQA status - Exempt under Sections 15301, 15303, and 15304 of the CEQA Guidelines
7. S
ECOND READING: Ordinance of the Council of the City of Palo Alto Renewing the Military Equipment Use Policy in Compliance with Govt. Code Section 7070 et seq. (2024
-202
5) (FIRST READING: November 4, 2025 PASSED 7-0)
8. S
ECOND READING: Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2025 Municipal Fee Schedule to Amend Existing Fees for City’s Palo Alto Link OnDemand Transit Service (FIRST READING: November 4, 2024 PASSED 7-0)
City Manager Comments
Ed Shikada, City Manager
Action Items
9. FIRST 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 Feet Basis for Residential Development. CEQA Status: Exempt Pursuant to 15061(b)(3).
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 11/18/2024
MOTION: Vice Mayor Lauing moved, seconded by Mayor Stone to direct staff to:
1. Evaluate the elimination of development fees for affordable units in multi -family projects which have at least 20% BMR units at under 80% AMI and a 50% reduction in fees for units between 81% and 100% AMI and provide recommendations on where this waiver would apply; and
2. Return to Council with an impact assessment o f fees and other pertinent matters such as art fees; and
3. Adopt an ordinance amending the City’s FY2025 Adopted Municipal Fee Schedule to update the Parks, Community Center, and Library impact fees from a per unit to per square feet basis for residential development (Attachment B); and
4. Evaluate structures based on bedrooms and a hybrid of bedrooms and square foot; and
5. Evaluate fees for home additions and full rebuilds of homes based upon the incremental increase in size.
PORTIONS OF MOTION INCORPORATED INTO THE FINAL MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER
MOTION PASSED: 7-0
10. FIRST READING: Adoption of an Interim Ordinance Amending Chapters 18.04, 18.16,
18.30(A), and 18.30(C) of the Palo Alto Municipal Code to Implement High Priority Retail Revitalization Measures and Direction; Adoption of an Identical Emergency Ordinance; and Direction to Staff to Advance Other Initiatives Related to the City Council's Economic Development and Transition Policy. CEQA Status: Exempt Pursuant to CEQA Guidelines Section 15061(b)(3).
MOTION: Councilmember Tanaka moved, seconded by Councilmember Burt to:
1. Adopt the attached emergency ordinance (Attachment A) and interim ordinance (Attachment B);
2. Direct staff to work with the Planning and Transportation Commission on the following:
a. Continued refinement of the definition of retail -like land uses to establish a performance-based criteria that promotes pedestrian activity in commercial areas
b. Expansion of the permitted uses in the ground floor (GF) and retail (R) combining districts and standards to allow non-retail like uses in certain circumstances; Item 3
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 11/18/2024
c. Review and recommend whether to amend retail preservation ordinance and evaluate changes to the geographic extent or applicability of the City’s retail preservation ordinance; and,
3. Direct staff to include a comprehensive update to the City’s zoning code as an objective for Council consideration in 2025 work plan; and,
4. Include automobile showrooms in the GF and R combining districts; and,
5. Direct Staff to develop a definition fo r financial institutions that clarify financial intuitions applies to walk-in retail financial services open to the public; and
6. Amend the Emergency and Interim Ordinance to change section (125.1)(K) to substitute “high level” with a word(s) comparable to “substantive”.
PORTIONS OF MOTION INCORPORATED INTO THE FINAL MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned at 9:07 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423 , the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official records of both C ouncil and committee proceedings. These recordings are available on the City’s website.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: December 2, 2024
Report #:2410-3560
TITLE
Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution ordering the summary vacation of a public service easement for utilities located on the residential property at 561 Addison Avenue in Palo Alto, CA.
ANALYSIS
The easement as shown on the map in Book 401, pages 32 and 33 of the Santa Clara County Official Records for public utility purposes affecting the property located at 561 Addison Avenue was dedicated and recorded on August 8, 1977. On September 9, 2024, the City received the owner’s request that the easement be vacated. The City’s Public Works Department reviewed the easement and has determined that the Public Works Department has not used the easement in the last five years and does not have a need for it. The City’s Utilities Department also reviewed the vacation request and determined that the easement to be vacated has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. Therefore, the easement may be vacated in accordance with the summary proceeding authorized in Section 8333 of the California Streets and Highways Code.
FISCAL/RESOURCE IMPACT
The Summary Easement Vacation Processing fee of $2,083, as set forth in the FY 2025 Municipal Fee Schedule, has been paid by the owner.
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STAKEHOLDER ENGAGEMENT
The Real Estate Division collaborated with the owner’s representatives, Utilities, Public Works, and the City Attorney’s office for necessary reviews of language and exhibits.
ENVIRONMENTAL REVIEW
Council action on the summary vacation of the public service easement is exempt from review under the California Environmental Act pursuant to Title 14 California Code of Regulations section 15305 as a minor alteration in land use limitations.
ATTACHMENTS
Attachment A: Resolution Vacating a Public Service Easement at 561 Addison Avenue APPROVED BY:
Lauren Lai, Administrative Services Director
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Recorded at no charge in accordance with
Streets & Highways Code Section 8336 at
the request of and when recorded return to:
City of Palo Alto
Real Estate Division
250 Hamilton Avenue
Palo Alto, CA 94301
SPACE ABOVE LINE FOR RECORDER’S USE
A PN: 120-53-005
Address: 561 Addison Avenue
Palo Alto, CA 94301
SUMMARY VACATION
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
SUMMARILY VACATING A PUBLIC SERVICE EASEMENT
AT 561 ADDISON AVENUE, PALO ALTO, CA
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement in any of the following cases:
(a) the
easement has not been used for the purpose for which it was dedicated or acquired for fi ve consecutive years immediately preceding the proposed vacation, (b) the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date, (c) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and
WHEREAS, an easement on the property located at 561 Addison Street, Palo Alto, CA 94301, was dedicated for public utility purposes as shown on the map recorded on August 8, 1977, in Book 401, pages 32 and 33 of Santa Clara County Office Records; and
WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined that the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and
WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the public service easement as more particularly described in Exhibit “A” attached to this resolution and depicted on the plat map attached as Exhibit “B” to this resolution; and
NOW, THEREFORE, the City Council does hereby RESOLVE as follows:
SECTION 1 . This vacation is made under the authority of California Streets and Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8333 et. seq. The public service easement described herein on Exhibit “A” and depicted on the plat map attached as Exhibit Item 4
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Resolution Vacating a
Public Service Easement
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“B” has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the public service easement as shown on the said Exhibits “A” and “B” shall be summarily vacated.
SECTION 3. The City Clerk , acting by and through the Real Property Manager, is hereby directed to record at the Santa Clara County Clerk -Recorder’s Office a certified copy of this Resolution, including the Map.
SECTION 4. The public service easement for utilities described in Exhibit “A” and depicted in the plat map attached as Exhibit “B” will no longer constitute a public service easement from and after the date of recordation of the documents identified in Section 3 of this Resolution.
SECTION 5 . The Council finds that the summary vacation of the public service easement is exempt from review under the California Environmental Act pursuant to Title 14 California Code of Regulations section 15305 as a minor alteration in land use limitations.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Deputy City Attorney City Manager
____________________________
Director of Administrative Services
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Resolution Vacating a
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: December 2, 2024
Staff Report: 2408-3365
TITLE
Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project
RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) approving and attesting to the veracity of the City’s two Power Source Disclosure reports for 2023 and the City’s two Power Content Labels for 2023.
BACKGROUND
Senate Bill 13051 was approved in 1997 to ensure that all retail suppliers of electricity disclose to consumers the sources of energy used to provide the electric service in an accurate, consistent, and easy to understand manner. The SB 1305 Report is commonly referred to as the Power Source Disclosure (PSD) report. The City of Palo Alto is required to submit an annual PSD report to the California Energy Commission (CEC) by June 1st of each year. The information contained in this report is used to prepare the annual Power Content Label (PCL), which is mailed to City Utilities customers and posted on the City’s website by October 1st of each year at www.cityofpaloalto.org/powercontentlabel and on the CEC’s website at energy.ca.gov/power-content-label.
ANALYSIS
CEC regulations governing the Power Source Disclosure Program2 require retail electricity sellers to engage a third-party certified public accountant to perform an audit to verify the specific purchases, resales, and self-consumption of energy by fuel type.3 However, publicly owned electric utilities are exempt from the audit requirement if the governing board of the 1 Senate Bill 1305 http://www.leginfo.ca.gov/pub/97-98/bill/sen/sb_1301- 1350/sb_1305_bill_19971009_chaptered.html
2 California Code of Regulations, Title 20, Sections 1391-1394. 3 California Code of Regulations Title 20, Section 1394.2(a).
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utility “submits to the Energy Commission an attestation of the veracity of each annual report and power content label for the previous year.”4
In Palo Alto’s case, this means that the PSD reports and PCLs for the City’s two retail electricity products (the “standard rate” carbon neutral product and the voluntary PaloAltoGreen product, which is available to all commercial customers and allows them to pay a small premium in order to receive a power supply comprising only wind generation) can both be approved by the City Council, as described above.
In 2023, CPAU’s hydroelectric generation was about 30% greater than long-term average levels, due to the record levels of precipitation the state received during the winter of 2022-2023. Also in 2023, CPAU continued its REC Exchange Program, which involves taking a regional approach to fulfilling its Carbon Neutral Electric Portfolio goals by selling renewable energy from the City’s long-term renewable contracts and using the most cost-effective renewable energy from outside the state to fulfill carbon neutrality requirements.5 Although the power sourced out-of- state remains renewable and carbon-neutral, the CEC categorizes such power as “unspecified power” on the PSD and PCL documents.
Under the City’s REC Exchange Program, the City sold a total of 223,362 MWh of in-state renewable generation in 2023 and purchased the same volume of out-of-state renewable generation, yielding $7.71 million in net revenue. Per Council’s direction, all of this revenue will be invested locally in decarbonization efforts necessary to meet the City’s ambitious climate goals (Staff Report 11556 and Resolution 99136).
As a result of these renewable energy sales—and the fact that the CEC’s regulations do not recognize out-of-state renewable generation as an “eligible renewable” energy source—the share of the City’s standard power mix that is attributed to eligible renewables sources on the PSD reports and PCLs was lower in 2023 (36.7%) than in many previous years, such as 2018 (65%). However, as noted earlier, the City’s power supply remained carbon neutral in 2023 in accordance with the Council-adopted Carbon Neutral Plan (Staff Report 115567), and the City remained in compliance with the state’s Renewable Portfolio Standard (RPS) mandate. 4 California Code of Regulations Title 20, Section 1394.2(a)(2). 5 The City Council approved the REC Exchange Program in August 2020 (Staff Report 11556):
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020-2/id-11566.pdf.
6 Resolution 9913: “Consistent with the City’s Cap and Trade Revenue Use Policy, for Fiscal Years 2021 and 2022, an amount equivalent to at least one-third of the revenues earned from the REC Exchanges would be allocated from the City’s Cap and Trade Reserve to local decarbonization efforts; thereafter the City would prioritize local decarbonization efforts with these funds.” https://www.cityofpaloalto.org/files/assets/public/v/1/city- clerk/resolutions/reso-9913.pdf?t=40151.26
7 Staff Report 11556: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2020-2/id-11566.pdf Item 5
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Utilities Department staff submitted the City’s annual PSD reports for calendar year 20238 to the CEC in July 20249, along with the associated attestation forms. The City’s 2023 PCLs10 will be mailed to each electric utility customer as a bill insert and posted on the City’s website in December 2024, in accordance with the modified deadline established by the CEC for 2023. The attached resolution (Attachment A) approves the annual PSD reports and PCLs for both the standard power mix and the PaloAltoGreen product and provides for Council’s attestation to the veracity of these four documents as required for exemption from the third-party audit requirement.
Staff anticipates submitting the City’s annual PSD reports for calendar year 2024 to the CEC by June 1, 2025 and providing the 2024 PCLs to electric customers around September 2025.
FISCAL/RESOURCE IMPACT
Adoption of the attached resolution will not result in a financial impact to the City.
STAKEHOLDER ENGAGEMENT
Upon the adoption of the attached resolution, staff will mail a copy of the City’s 2023 PCLs to each electric utility customer as a bill insert and post them on the City’s website in December 2024.
ENVIRONMENTAL REVIEW
Adoption of the attached resolution is not subject to California Environmental Quality Act (CEQA) review as an administrative government activity that will not result in any direct or indirect physical change to the environment as a result (CEQA Guidelines section 15378(b)(5)).
ATTACHMENTS
Attachment A: Resolution Approving and Attesting to the Veracity of the City's 2023 Annual Power Source Disclosure and Power Content Label Reports APPROVED BY:
Dean Batchelor, Director of Utilities
8 Palo Alto’s 2023 PSD reports: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/2024/cpau_2023_powersourcedisclosurereports.pdf 9 Although the PSD Program Regulations establish a deadline of June 1st to submit each year’s PSD Reports, due to technical issues with the Western Renewable Energy Generation Information System (a region-wide database used to track renewable and carbon-free energy supplies) CEC staff announced that the 2023 PSD Report submission deadline would be extended to July 29, 2024. As a result of this delay, CEC staff was delayed in producing the 2023 PCL template, and therefore they also announced that the deadline to distribute PCLs to customers, and for the City Council to approve and attest to their veracity, would be similarly extended, from October 1, 2024, to January 31, 2025.
10 Palo Alto’s 2023 PCLs: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/2024/cpau_2023_powercontentlabels.pdf Item 5
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Resolution No. ____
Resolution of the Council of the City of Palo Alto Approving and Attesting to the Veracity of the City’s 2023 Power Source Disclosure and Power Content Label Reports
R E C I T A L S
A. The California Legislature adopted Senate Bill 1305 in 1997 to ensure that all retail suppliers of electricity, including the City of Palo Alto, disclose to consumers the sources of energy used to provide electric service in an accurate, reliable and easy to understand manner.
B. The SB 1305 Report is commonly referred to as the Power Source Disclosure (PSD) report, which shows the City’s electric portfolio purchases for the prior calendar year, as well as the fuel mix for the City’s retail electricity sales for the prior calendar year.
C. The information contained in the PSD report is used to prepare the City’s annual Power Content Label (PCL), which discloses the fuel mix of the City’s retail electricity sales during the prior calendar year, as well as the fuel mix for the state as a whole, and which is mailed to the City’s electric utility customers via a bill insert every year.
D. California Code of Regs., title 20, sections 1394.2(a)(2), updated by the California Energy Commission (CEC) effective May 2020, allows the City Council to approve and attest to the veracity of each PSD report and PCL for the previous year, including the reports for Palo Alto’s voluntary PaloAltoGreen product, which is provided to commercial customers who participate in the PaloAltoGreen program.
E. The PSD report submissions for both the City’s standard carbon neutral power portfolio, and the City’s PaloAltoGreen product are prepared by the Northern California Power Agency (NCPA), a joint powers agency of which Palo Alto is a member. The draft PSD reports are then checked by City staff against the City’s account in the Western Renewable Energy Generation Information System (WREGIS), where the City tracks its renewable and carbon-free energy. The PaloAltoGreen renewable energy supplies are then verified by a third-party verifier, in order to achieve Green-e certification for that program.
F. In July 2024, Utilities Department staff submitted the 2023 Annual PSD reports for both the City’s standard carbon neutral portfolio and the PaloAltoGreen program, to the Energy Commission in accordance with the applicable regulations.
G. In September 2024, the CEC announced that due to delays in receiving PSD reports from some retail suppliers of electricity, the deadline for distributing PCLs to customers would be extended from October 1, 2024, to January 31, 2025.
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
4 Packet Pg. 30 of 314
The Council of the City of Palo Alto (“City”) RESOLVES as follows:
SECTION 1. The City Council approves the submission and attests to the veracity of the 2023 Annual Power Source Disclosure reports for the City’s standard carbon neutral portfolio and the City’s voluntary PaloAltoGreen program (attached as Exhibit A to this resolution), which staff submitted to the California Energy Commission in July 2024.
SECTION 2. The City Council approves and attests to the veracity of the 2023 Annual Power Content Label reports for the City’s standard carbon neutral portfolio and the City’s voluntary PaloAltoGreen program (attached as Exhibit B to this resolution), which staff will distribute to Utilities customers as an insert in their December Utilities bills.
SECTION 3. The Council finds that the adoption of this resolution is not subject to California Environmental Quality Act (CEQA) review because it is an administrative government activity that will not result in any direct or indirect physical change to the environment (CEQA Guidelines section 15378(b)(5)).
INTRODUCED AND PASSED: D e c e m b e r 2 , 2 0 2 4
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Utilities
Director of Administrative Services
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
5 Packet Pg. 31 of 314
Version: April 2024Exhibit A
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2023
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.
GENERAL INSTRUCTIONS
RETAIL SUPPLIER NAME
City of Palo Alto Utilities
ELECTRICITY PORTFOLIO NAME
Standard Rate
CONTACT INFORMATION
NAME
TITLE
James Stack
Senior Resource Planner
250 Hamilton Ave.MAILING ADDRESS
CITY, STATE, ZIP
PHONE
Palo Alto, CA 94301
(650) 329-2314
EMAIL [email protected]
WEBSITE URL
FOR PCL POSTING
www.cityofpaloalto.org/powercontentlabel
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year.
NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the California Energy Commissions's website at https://www.energy.ca.gov/about/divisions-and-offices/chief- counsels-office.
If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
6 Packet Pg. 32 of 314
Exhibit A
Version: April 2024
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2023
City of Palo Alto Utilities
Standard Rate
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.
Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.
Retail Sales (MWh)
Net Specified Procurement (MWh)
806,645
768,624
38,021
-
21 -
768,603
16,831
0.0209
Unspecified Power (MWh)
Procurement to be adjusted
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
GHG Emissions Intensity (in MT CO2e/MWh)
DIRECTLY DELIVERED RENEWABLES
GHG Emissions
State or Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
Factor (in MT
CO2e/MWh)
GHG Emissions (in
MT CO2e)Facility Name
275 Cambridge Ave. Parking Garage
445 Bryant St. Parking Garage
475 Cambridge Ave. Parking Garage
520 Webster St. Parking Garage
Ameresco Johnson Canyon
Ameresco Keller Canyon
Ameresco San Joaquin
Ameresco Santa Cruz Energy
Elevation Solar C
Fuel Type Province WREGIS ID RPS ID N/A EIA ID
P228
N/A
Solar
Solar
Solar
Solar
CA
CA
CA
CA
W5649
W5647
W5650
W5648
W3397
W2071
W3883
W2014
W5298
W4962
W10886
W4719
W229
63982
63610
63981
63611
61353
61298
62433
61297
63192
62248
64555
62744
60726
64036
62422
61580
60022
63983
61044
61045
61046
61518
375 375
359
475
576
962
1,316
2,096
897
72,704
31,282
54,792
44,347
2,254
2,116
29,658
1,560
3,835
179
375
359
-
-
-
-
-
-
-
-
P229 359
475P230 475
P231 576 576
Biomass & Biowaste CA
Biomass & Biowaste CA
Biomass & Biowaste CA
Biomass & Biowaste CA
58397
56897
58436
56428
59964
60039
63859
59009
56075
62732
59633
54554
56895
P232
962 962 0.5473 527
1,316
2,096
897
1,316
2,096
897
0.0028 4
6 3
0.0027
0.0033
Solar CA
CA
CA
CA
CA
CA
CA
CA
72,704
31,282
54,792
44,347
2,254
2,116
29,658
1,560
3,835
179
72,704
31,282
54,792
44,347
2,254
2,116
29,658
1,560
3,835
179
- -
-
-
-
-
-
-
-
Frontier Solar - Crow Creek Solar I
Golden Fields Solar III, LLC
Hayworth Solar
Solar -
Solar -
Solar -
High Winds Wind -
HP Inc. Solar W7686
W4695
W1260
W2033
W7382
W1108
W1161
W1177
W5300
-
Kettleman Solar Solar -
New Spicer Meadows Eligible Hydro -
Ox Mountain Landfill Biomass & Biowaste CA 0.0028 11
Unitarian Universalist Church Of Palo Alto
WAPA - Lewiston
Solar CA
CA
CA
CA
CA
-
-
-
-
-
-
-
-
-
-
Eligible Hydro
Eligible Hydro
Eligible Hydro
Solar
977 278 278
10,402
405
278
WAPA - Nimbus 444 10,402
405
10,402
405WAPA - Stampede 7066
Western Antelope Blue Sky Ranch B 59961 35,364 35,364 35,364
FIRMED-AND-SHAPED IMPORTS
EIA ID ofEIA ID of
REC
Source
GHG Emissions
Factor (in MT
CO2e/MWh)
Eligible for
Grandfathered
Emissions?
State or
Province WREGIS ID RPS ID
Substitute
Power
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Facility Name Fuel Type
-
-
-
-
#N/A
#N/A
SPECIFIED NON-RENEWABLE PROCUREMENTS
GHG Emissions
Factor (in MT
CO2e/MWh)
State or
Province
CA
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Facility Name
Collierville
Fuel Type N/A N/A N/A EIA ID
54555
N/A
Large Hydro
Natural Gas
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
225,550
21 225,550
21 225,550
21 - -
Palo Alto COBUG
WAPA - Folsom
CA
CA
CA
CA
CA
CA
CA
CA
CA
57714
441
0.3962 8
47,195
5,116
7,459
20,108
33,320
56 47,195
5,116
7,459
20,108
33,320
56 47,195
5,116
7,459
20,108
33,320
56 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
WAPA - Gianelli 448
WAPA - J.F. Carr
WAPA - Keswick
WAPA - New Melones
WAPA - O'Neill
442
443
6158
446
WAPA - Shasta 445 111,569
8,582
111,569
8,582
111,569
8,582WAPA - Spring Creek 450
Item 5
Attachment A - Resolution Approving
and Attesting to the Veracity of the
City's 2023 Annual Power Source
Disclosure and Power Content Label
Reports
Item 5: Staff Report
Pg.
7 Packet Pg. 33 of 314
Version: April 2024
Exhibit A
WAPA - Trinity Large Hydro CA 451 13,416 13,416 13,416 - -
PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
GHG Emissions
Factor (in MT
CO2e/MWh)
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Facility Name Fuel Type N/A N/A N/A N/A EIA ID N/A -
-
-
-
#N/A
#N/A
#N/A
#N/A
END USES OTHER THAN RETAIL SALES MWh
Item 5
Attachment A - Resolution Approving
and Attesting to the Veracity of the
City's 2023 Annual Power Source
Disclosure and Power Content Label
Reports
Item 5: Staff Report
Pg.
8 Packet Pg. 34 of 314
Version: April 2024
Exhibit A
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2023
City of Palo Alto Utilities
Standard Rate
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto- populate as needed and should not be filled out.
Total Retired Unbundled RECs
RETIRED UNBUNDLED RECS
156,587
State or
Facility Name
Santa Rosa Solar
Fuel Type
Solar
Province RPS ID
64909
Total Retired (in MWh)
487CA
WY
CO
CO
CO
OR
CA
CA
ID
Campbell Hill - Three Buttes
Carousel Wind Farm, LLC
Cedar Creek Wind Energy
Kit Carson Windpower, LLC
Klondike Wind Power III
SunAnza Solar Project
Wind
Wind
Wind
Wind
Wind
Solar
Solar
Wind
61017
63340
60822
61670
60602
63420
64804
61055
20000
83768
5415
37949
2347
781
SunAnza Solar Project II
Tuana Springs Energy LLC
576
5264
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
9 Packet Pg. 35 of 314
Version: April 2024
Exhibit A
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2023
City of Palo Alto Utilities
Standard Rate
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
36.7%Renewable Procurements
Biomass & Biowaste
Geothermal
Eligible Hydroelectric
Solar
296,232
9,106 1.1%
-
12,645
272,227
2,254
-
0.0%
1.6%
33.7%
0.3%Wind
Coal 0.0%
58.6%
0.0%
Large Hydroelectric
Natural gas
Nuclear
472,371
21 - 0.0%
Other - 0.0%
Unspecified Power
Total
38,021
806,645
4.7%
100.0%
Total Retail Sales (MWh) 806,645
46GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs 19.4%
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
10 Packet Pg. 36 of 314
Version: April 2024
Exhibit A
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
ATTESTATION FORM
For the Year Ending December 31, 2023
City of Palo Alto Utilities
Standard Rate
I, James Stack, Senior Resource Planner, declare under penalty of perjury, that the information provided in this report is true and correct and that I, as an authorized agent of City of Palo Alto Utilities, have authority to submit this report on the retail supplier's behalf.
I further declare that all of the electricity claimed as specified purchases as shown in this report was sold once and only once to retail customers.
Name: James Stack
Representing: City of Palo Alto Utilities
Signature: __ _
Dated: July 24, 2024
Executed at: Palo Alto, CA
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
11 Packet Pg. 37 of 314
Version: April 2024Exhibit A
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2023
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.
GENERAL INSTRUCTIONS
RETAIL SUPPLIER NAME
City of Palo Alto Utilities
ELECTRICITY PORTFOLIO NAME
Palo Alto Green
CONTACT INFORMATION
NAME
TITLE
James Stack
Senior Resource Planner
250 Hamilton Ave.MAILING ADDRESS
CITY, STATE, ZIP
PHONE
Palo Alto, CA 94301
(650) 329-2314
EMAIL [email protected]
WEBSITE URL
FOR PCL POSTING
www.cityofpaloalto.org/powercontentlabel
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year.
NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the California Energy Commissions's website at https://www.energy.ca.gov/about/divisions-and-offices/chief- counsels-office.
If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
12 Packet Pg. 38 of 314
Version: April 2024
Exhibit A
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2023
City of Palo Alto Utilities
Palo Alto Green
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.
Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.
Retail Sales (MWh)
Net Specified Procurement (MWh)
27,770
-
27,770
-
-
-
-
Unspecified Power (MWh)
Procurement to be adjusted
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
GHG Emissions Intensity (in MT CO2e/MWh)
11,886
0.4280
DIRECTLY DELIVERED RENEWABLES
GHG Emissions
State or Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
Factor (in MT
CO2e/MWh)
GHG Emissions (in
MT CO2e)Facility Name
Facility Name
Facility Name
Fuel Type
Fuel Type
Fuel Type
Province WREGIS ID RPS ID N/A EIA ID N/A
-
-
-
-
-
-
-
-
-
-
#N/A
#N/A
#N/A
#N/A
#N/A
FIRMED-AND-SHAPED IMPORTS
EIA ID ofEIA ID of
REC
Source
GHG Emissions
Factor (in MT
CO2e/MWh)
Eligible for
Grandfathered
Emissions?
State or Substitute
Power
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Province WREGIS ID RPS ID
-
-
-
-
-
-
-
-
-
-
#N/A
#N/A
#N/A
#N/A
#N/A
SPECIFIED NON-RENEWABLE PROCUREMENTS
GHG Emissions
Factor (in MT
CO2e/MWh)
State or
Province
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)N/A
N/A
N/A N/A EIA ID N/A
N/A
-
-
-
-
-
-
#N/A
#N/A
#N/A
PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
GHG Emissions
Factor (in MT
CO2e/MWh)
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Facility Name Fuel Type N/A N/A N/A EIA ID
-
-
-
-
#N/A
#N/A
#N/A
#N/A
END USES OTHER THAN RETAIL SALES MWh
Item 5
Attachment A - Resolution Approving
and Attesting to the Veracity of the
City's 2023 Annual Power Source
Disclosure and Power Content Label
Reports
Item 5: Staff Report
Pg.
13 Packet Pg. 39 of 314
Version: April 2024
Exhibit A
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2023
City of Palo Alto Utilities
Palo Alto Green
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto- populate as needed and should not be filled out.
Total Retired Unbundled RECs
RETIRED UNBUNDLED RECS
27,545
State or
Facility Name
Crossing Trails Wind Power Project LLC
Cedar Creek II
Fuel Type
Wind
Wind
Province RPS ID
65038
61384
Total Retired (in MWh)
CO
CO
25000
2545
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
14 Packet Pg. 40 of 314
Version: April 2024
Exhibit A
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2023
City of Palo Alto Utilities
Palo Alto Green
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
0.0%Renewable Procurements
Biomass & Biowaste
Geothermal
Eligible Hydroelectric
Solar
-
-
-
-
-
-
-
-
-
-
-
0.0%
0.0%
0.0%
0.0%
0.0%Wind
Coal 0.0%
0.0%Large Hydroelectric
Natural gas
Nuclear
0.0%
0.0%
Other 0.0%
Unspecified Power
Total
27,770
27,770
100.0%
100.0%
Total Retail Sales (MWh) 27,770
944GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs 99.2%
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
15 Packet Pg. 41 of 314
Version: April 2024
Exhibit A
2023 POWER SOURCE DISCLOSURE ANNUAL REPORT
ATTESTATION FORM
For the Year Ending December 31, 2023
City of Palo Alto Utilities
Palo Alto Green
I, James Stack, Senior Resource Planner, declare under penalty of perjury, that the information provided in this report is true and correct and that I, as an authorized agent of City of Palo Alto Utilities, have authority to submit this report on the retail supplier's behalf.
I further declare that all of the electricity claimed as specified purchases as shown in this report was sold once and only once to retail customers.
Name: James Stack
Representing: City of Palo Alto Utilities
Signature: _ __
Dated: July 24, 2024
Executed at: Palo Alto, CA
Item 5
Attachment A -
Resolution Approving and
Attesting to the Veracity
of the City's 2023 Annual
Power Source Disclosure
and Power Content Label
Reports
Item 5: Staff Report
Pg.
16 Packet Pg. 42 of 314
Exhibit B
C H E C K O U T PALO ALTO’S P O W E R C O N T E N T L A B E L F O R 2 0 2 3
WHERE DOES OUR
ELECTRICITY COME FROM?
LARGE
HYDROELECTRIC
BIOMASS AND
BIOWASTE
SOLAR WIND ELIGIBLE
HYDROELECTRIC
UNSPECIFIED
POWER
58.6% 1.1% 33.7% 0.3% 1.6% 4.7%
100% CARBON NEUTRAL ELECTRICITY SINCE 2013
Like a nutrition facts label that shows the ingredients in food, the Power Content Label shows the sources of electricity purchased by City of Palo Alto Utilities to power local homes and businesses.
Carbon neutral electricity comes from a variety of sources, including renewable resources like solar, wind and small hydroelectric plants. Large hydroelectric sources are also carbon-free, but the state of California doesn’t consider them renewable.
Since 2016 the City of Palo Alto Utilities has had long-term contracts with California-based renewable energy providers to provide 100% carbon neutral power to the community.
In 2020, as the value of in-state renewable energy rose, CPAU began taking a regional approach to purchasing power, selling its higher-priced renewable energy and buying the most cost-efficient renewable energy from outside the state. This program generates earnings (totaling $7.7 million in 2023) which are being invested in local decarbonization efforts necessary to meet our ambitious climate goals. Although the power sourced out-of-state remains carbon neutral, it’s not recognized as renewable by the state and instead is labeled as “unspecified.”
Palo Alto is reducing greenhouse gas emissions to 80% below 1990 levels by 2030 POWER SOURCES IN 2023
CPAU power sources include six solar PV projects, one wind project, five landfill gas-fired projects, the Calaveras hydroelectric project, and the Western Area Power Administration (Western) contract, which is sourced from Central Valley Project hydroelectric facilities. All of these resources are located in California. Power supply percentages vary annually based on the available output from our contracted generators. In 2023, CPAU’s hydroelectric generation was significantly higher than long-term average levels due to favorable weather conditions, so CPAU had a large surplus of renewable generation that it was able to sell to other utilities, which helped lower CPAU’s rates.
Find more details at
cityofpaloalto.org/PowerContentLabel and cityofpaloalto.org/CarbonNeutral Persons with disabilities who require materials in an appropriate alternative format, auxiliary aids, or modifications to policies or procedures to access City meetings, programs, or services should contact the City’s ADA Coordinator George Hoyt at (650) 329-2550 or by emailing [email protected].
12/24 Printed on 100% post-consumer recycled paper, bleached without chlorine.
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Attachment A -
Resolution Approving and
Attesting to the Veracity
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Exhibit B
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Exhibit B
C H E C K O U T PALO ALTO’S P O W E R C O N T E N T L A B E L F O R 2 0 2 3
WHERE DOES OUR
ELECTRICITY COME FROM?
LARGE
HYDROELECTRIC
BIOMASS AND
BIOWASTE
SOLAR WIND ELIGIBLE
HYDROELECTRIC
UNSPECIFIED
POWER
58.6% 1.1% 33.7% 0.3% 1.6% 4.7%
100% CARBON NEUTRAL ELECTRICITY SINCE 2013
Like a nutrition facts label that shows the ingredients in food, the Power Content Label shows the sources of electricity purchased by City of Palo Alto Utilities to power local homes and businesses.
Carbon neutral electricity comes from a variety of sources, including renewable resources like solar, wind and small hydroelectric plants. Large hydroelectric sources are also carbon-free, but the state of California doesn’t consider them renewable.
Since 2016 the City of Palo Alto Utilities has had long-term contracts with California-based renewable energy providers to provide 100% carbon neutral power to the community. In 2020, as the value of in-state renewable energy rose, CPAU began taking a regional approach to purchasing power, selling its higher- priced renewable energy and buying the most cost-efficient renewable energy from outside the state. This program generates earnings (totaling $7.7 million in 2023) which are being invested in local decarbonization efforts necessary to meet our ambitious climate goals. Although the power sourced out-of-state remains carbon neutral, it’s not recognized as renewable by the state and is labeled as “unspecified.” Palo Alto is reducing greenhouse gas emissions to 80% below 1990 levels by 2030 POWER SOURCES IN 2023 CPAU power sources include six solar PV projects, one wind project, five landfill gas-fired projects, the Calaveras hydroelectric project, and the Western Area Power Administration (Western) contract, which is sourced from Central Valley Project hydroelectric facilities. All of these resources are located in California.
Power supply percentages vary annually based on the available output from our contracted generators. In 2023, CPAU’s hydroelectric generation was significantly higher than long-term average levels due to favorable weather conditions, so CPAU had a large surplus of renewable generation that it was able to sell to other utilities, which helped lower CPAU’s rates.
PaloAltoGreen’sa Prospective Product Content
Label for 2023 Consists of 100% Wind Energyb c
a PaloAltoGreen is a voluntary renewable energy program from City of Palo Alto Utilities that matches up to 100% of your estimated monthly PaloAltoGreen™
PaloAltoGreen is Green-e® Energy certified
and meets the environmental and consumer-
protection standards set forth by the nonprofit
Center for Resource Solutions.
Energy
Green-eelectricity usage with Green-e® certified Renewable Energy Credits (RECs) C E R T I F I E D from new renewable energy resources, specifically from generation facilities that first began commercial operation in the last 15 years. For more information on Green-e® Certified Energy,
call 1-888-63-GREEN or visit
green-e.org
b Prospective Product Content Label: These figures reflect the renewables that we have contracted to provide. Actual figures may vary according to resource availability. We will annually report to you before October 1st of next year in the form of a Historical Product Content Label the actual resource mix of the electricity you purchased.
c Sourced from wind energy RECs located in the western U.S. (CA, OR, WA, ID, NV, UT, AZ, MT, WY, CO, or NM) or Canada (BC or AB).
PaloAltoGreen 2023 Historical Product Content Label (reflected in the “Palo Alto Green” column of the table on page 2): These figures reflect the power delivered to PaloAltoGreen’s customers in 2023. ‘Other’ and ‘Unspecified Power’ sourced from wind energy facilities in Colorado.
Find more details at cityofpaloalto.org/PowerContentLabel and cityofpaloalto.org/CarbonNeutral Persons with disabilities who require materials in an appropriate alternative format, auxiliary aids, or modifications to policies or procedures to access City meetings, programs, or services should contact the City’s ADA Coordinator George Hoyt at (650) 329-2550 or by emailing [email protected].
12/24 Printed on 100% post-consumer recycled paper, bleached without chlorine.
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Attachment A -
Resolution Approving and
Attesting to the Veracity
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and Power Content Label
Reports
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Exhibit B
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Attachment A - Resolution Approving
and Attesting to the Veracity of the
City's 2023 Annual Power Source
Disclosure and Power Content Label
Reports
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Transportation
Meeting Date: December 2, 2024
Report #:2409-3495
TITLE
Approval of Professional Services Contract Number C25191013 with BKF Engineers in an Amount Not to Exceed $451,705 for Preliminary Engineering (PE) Design Services for Railroad Crossing Safety Improvements for a Period of Four Years; CEQA status - categorically exempt under CEQA Guidelines Section 15301.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract No. C25191013 (Attachment A) with BKF Engineers to provide Preliminary Engineering (PE) design services for Charleston Road and Alma Street Railroad Crossing Safety Improvements, Capital Improvement Project (PL-25002) for a term of four (4) years and a total amount not to exceed $451,705, including $397,705 for basic services and $54,000 for additional services.
BACKGROUND
The Charleston Road at-grade railroad crossing was identified by the California Public Utilities Commission (CPUC) for possible funding of hazard elimination and safety improvements through the Federal Section 130 funds. The Section 130 program is a federally funded program, administered by the California Department of Transportation (Caltrans), for the elimination of hazards at highway-rail at-grade crossings. This location was identified as a candidate location via a data-driven methodology which includes, but is not limited to train and vehicle volumes, geometric factors, pedestrians, buses and hazmat vehicles, and incident history. While the City is pursuing construction of a grade separation at this crossing, the Section 130 program provides near-term safety improvements in the interim.
The City of Palo Alto (City), CPUC, California Department of Transportation (Caltrans), and the Peninsula Corridor Joint Powers Board (JPB aka Caltrain) established a diagnostic team and participated in the development of the project proposal. Based on this work, the CPUC Rail Crossings and Engineering Section adopted final recommendations for safety improvements to Item 6
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be implemented at this intersection. The recommendations identified both railroad work and local work to be performed by the Peninsula Corridor Joint Powers Board (JPB) and the City, respectively, under separate service contracts with Caltrans. The JPB and the City are responsible for the construction of the improvements identified and assigned to their agency under their individual Caltrans contracts and are required to coordinate their respective work items. The City executed its service contract with Caltrans on November 9, 2023 and received a Notice to Proceed to complete engineering design for improvements identified within the City’s right of way. These improvements are 100% fundable by the Section 130 program on a reimbursement basis.
The railroad crossing improvement project at Charleston Road and Alma Street is a coordinated project of Caltrans in cooperation with the JPB and the City.
ANALYSIS
The City released a Request for Proposals (RFP) on May 9, 2024 for design services needed for proposed improvements for the Charleston Road and Alma Street Railroad Crossing Safety Improvement Section 130 Project and received two proposals in response to the RFP. Staff from the Office of Transportation and Public Works Department reviewed the proposals and recommended the selection of BKF Engineers, based on proposal content and criteria identified in the RFP, including their knowledge of traffic engineering and rail design, experience with projects involving Section 130 funds, and prior working relationship with JPB and Caltrain staff.
A summary of the solicitation and selection process is outlined below:
Table #: Summary of Request for Proposal
Proposal Description C25191013 Charleston/Alma Railroad Crossing Safety Improvement
Proposed Length of Project 4 Years
Number of Vendors Notified 3,142
Number of Proposal Packages Downloaded 37
Total Days to Respond to Proposal 27
Pre-Proposal Meeting Yes. Non-Mandatory
Pre-Proposal Meeting Date May 16, 2024
Number of Proposals Received 2
Proposal Price Range $451,705 to $645,106
Public Link to Solicitation https://procurement.opengov.com/portal/pal o-alto-ca/projects/95104
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The proposals were evaluated based on the following criteria:
1. Quality of proposal
2. Proposed solution
3. Financial condition or stability
4. Prior record of performance
5. Ability to provide ongoing service
6. Consultant’s compliance with applicable laws, regulations, and policies
7. Ability to collaborate with multiple agencies
8. Qualifications and experience of the staff assigned to the project;
9. Response time and ability to perform the work; and
10. Fee
BKF Engineers demonstrated successful completion of projects along the rail corridor and have experience coordinating and providing services to the Joint Powers Board (JPB), Caltrain, and Union Pacific. They have performed thorough traffic analysis and development of plans, specifications and estimates in a timely manner. In prior projects, BKF identified some of the challenges and opportunities with coordination and regular stakeholder meetings. They presented solutions to the challenges and proposed designs that incorporated these opportunities. They have shown strong and experienced community outreach by involving the public in the early design process through presentations and interactive community workshops so that the project meets the goals and objectives of the community.
FISCAL/RESOURCE IMPACT
Funding for the safety improvements to the Charleston/Alma grade crossing is available in the Fiscal Year 2025 Adopted Capital Improvement Plan Project Charleston Road/Alma Street Railroad Crossing Safety Improvements (PL-25002) with no additional budgetary action required.
This project is funded through a Caltrans Service Contract, dated November 9, 2023, that provides up to $700,000 for completing the Preliminary Engineering (PE) design phase for local road improvements in the City of Palo Alto at the grade crossing located at the intersection of Charleston Road and Caltrain railroad grade crossing. The agreement with Caltrans authorizes reimbursement of eligible costs for design incurred during the term of this agreement. Under this agreement, funding is authorized for work in phases, beginning with the Preliminary Engineering (PE) phase. Additional funding to complete this project will be provided through the execution of amendments for additional work and with authorization for subsequent phase(s); Right of Way/Utility Relocation (RW), Construction (CON)/Construction Engineering (CE). The crossing was identified through the Federal Section 130 funds, a federally funded program administered by the states for increasing safety at at-grade highway-rail crossings. The agreement is in effect until June 30, 2026.
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STAKEHOLDER ENGAGEMENT
The project scope includes outreach to the community and various committees on project objectives, soliciting site-specific feedback on existing issues, understanding existing community concerns, and coordinating proposed improvements with entities that operate and oversee the nearby railroad facilities.
In addition, the design team will be conducting monthly stakeholder check-in meetings to give the pertinent stakeholders an update on the project’s progress and provide a forum for the design team, City, and stakeholders to discuss and coordinate the proposed improvements. The stakeholders that will be involved in the monthly meeting include:
• BKF Engineers
• The City of Palo Alto
• California Department of Transportation (Caltrans)
• The California Public Utilities Commission (CPUC)
• Peninsula Corridor Joint Powers Board (Caltrain, JPB)
ENVIRONMENTAL REVIEW
Given the nature of the proposed improvements for the project (safety improvements to an existing intersection), the project qualifies for a Class 1 Categorical Exemption under CEQA Guidelines Section 15301. The Class 1 exemption covers minor alterations to existing facilities so long as they involve no or negligible expansion of use.
ATTACHMENTS
Attachment A: Contract with BKF Engineers; C25191013
APPROVED BY:
Philip Kamhi, Chief Transportation Official
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Professional Services
Rev. Jan 29, 2024
CITY OF PALO ALTO CONTRACT NO. C25191013
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND BKF ENGINEERS
This Agreement for Professional Services (this “Agreement”) is entered into as of the 18th day of November 2024 (the “Effective Date”) , by and between the CITY OF PALO ALTO, a California charter ed municipal corporation (“CITY”), and BKF ENGINEERS , a California corporation, located at 255 Shoreline Drive, Suite 200, Redwood City, CA 94065 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to construct pedestrian/bicycle safety improvements on Charleston Road and Alma Street Railroad Crossing Intersection ( the “Project”) and desires to engage a consultant to develop construction plans, technical specifications, and estimates (PS&E) in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on- call Services only by advanced, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and appro ved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially Docusign Envelope ID: 0D0FD506-9EA3-469C-8DEB-E27F6F6133EB Item 6
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the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of s ervices, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through June 30, 2029, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Three Hundred Ninety- Seven Thousand, Seven Hundred Five Dollars ($397,705.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
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 Fifty-Four Thousand Dollars ($54,000.00) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified Docusign Envelope ID: 0D0FD506-9EA3-469C-8DEB-E27F6F6133EB Item 6
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in Exhibit C, shall not exceed Four Hundred Fifty-One Thousand, Seven Hundred Five Dollars ($451,705.00), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional S ervices in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s superv ision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to per form the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this A greement s hall meet the professional standard and quality that prevail among Docusign Envelope ID: 0D0FD506-9EA3-469C-8DEB-E27F6F6133EB Item 6
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professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the Docusign Envelope ID: 0D0FD506-9EA3-469C-8DEB-E27F6F6133EB Item 6
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parties.
SECTION 12. SUBCONTRACTING.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
Hexagon, Callander Associates, Bess Test Labs
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors . CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT . CONSULTANT will assign Jason Yee, [email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s P roject Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute 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 Ruchika Aggarwal, Transportation Department, Engineering Division, 250 Hamilton Avenue Palo Alto, CA , 94301, Telephone: (650) 617-3136. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDIT S. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the Docusign Envelope ID: 0D0FD506-9EA3-469C-8DEB-E27F6F6133EB Item 6
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requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner re lated to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance w ith 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.
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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 th e insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT , CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT wi ll deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s S ervices provided in material conformity with this Agreement as such determination is made by the 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.
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will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financi al interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, 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
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penalties for violation thereof and agrees to meet all requirements of Section 2.30.510 pert aining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports , and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the Docusign Envelope ID: 0D0FD506-9EA3-469C-8DEB-E27F6F6133EB Item 6
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event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it Docusign Envelope ID: 0D0FD506-9EA3-469C-8DEB-E27F6F6133EB Item 6
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was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the Docusign Envelope ID: 0D0FD506-9EA3-469C-8DEB-E27F6F6133EB Item 6
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authorized representatives of the parties and approved as required under Palo Alto Munic ipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In t he 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. C25191013 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
BKF ENGINEERS
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Title:
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Principal/Vice President
Jean Chen
CFO
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.
SCOPE OF WORK:
Task One: Concept Plan Lines & Project Approvals
1. The Consultant will complete all tasks required to finalize the conceptual design of permanent pedestrian and bicycle improvements along Charleston Road. The conceptual design shall also be accompanied by a preliminary cost estimate and renderings.
2. Consultant will also be required to conduct any potholing required in order to verify any utility relocations that might be required as a result of a new signal pole foundation on the southeast corner.
3. A traffic analysis will be required in order to demonstrate the traffic signal’s operational Level of Service (LOS). This analysis shall include an evaluation of the AM and PM peak hours for the existing and proposed configuration and identify any potential degradation of the intersection by any of the above improvements. This submittal shall be in the form of a Technical Memorandum.
4. The Consultant will be responsible for preparing outreach and presentation materials and attending meetings with the following groups: Palo Alto residents/community and JPB Staff. The preferred Consultant team will demonstrate a strong history of working cooperatively and successfully with each group. The proposed roadway changes should at a minimum incorporate the scope of work described above.
5. After final development of the concept plan alignment, the Consultant shall begin coordination with JPB to seek any design exceptions and appropriate permits required for the implementation of the project.
6. Following receipt of City, JPB and all other staff/agency comments and revisions, the Consultant shall present the conceptual design for review and approval by the Palo Alto Docusign Envelope ID: 0D0FD506-9EA3-469C-8DEB-E27F6F6133EB Item 6
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Pedestrian and Bicycle Advisory Committee (PABAC), the Planning and Transportation Commission (PTC), and the Rail Committee. Consultant will also present the plans to the surrounding residents in the neighborhood. The City will be responsible for scheduling these meetings.
7. Following PABAC, PTC , and the Rail Committee recommendations, the Consultant shall present the conceptual design for review and approval by the City Council (if needed). The proposed project will likely be categorically exempt from the requirements of the California Environmental Quality Act, as amended (California Public Resources Code 21084). Therefore, Consultant shall assist City in filing necessary exemption for compliance with CEQA.
Deliverables include the following items:
1. 35% Design (finalize concept plan lines)
2. Illustrative project drawings/renderings (3D if needed), presentation materials and preparation of staff reports necessary to convey the conceptual designs to the public and decision-makers
3. Preliminary cost estimates
4. Planning &Transportation Commission and the Rail Committee recommendations and City Council approval
Task Two: Development of Plans, Specifications, and Engineers Estimate
1. Consultant will prepare final design plans, specifications, and engineer’s estimates for construction of the project, based on the approved conceptual design. Improvement plans shall include necessary all required civil details prepared by a Registered Professional Civil Engineer with good standing with the State of California. Proposed improvements may include, but not limited to, the following types of elements: surveying, traffic signal modifications, traffic operations analysis, street lighting improvements, roadway resurfacing, sidewalk realignment and/or widening, drainage improvements, utility relocations, signage and striping, innovative bicycle treatments, traffic calming elements, way-finding, and rail improvements , temporary construction easements, bicycle and pedestrian safety and any required surveying to properly analyze and design the project.
2. Project Specifications will be consistent with Palo Alto Standard Specifications. During plan development, the Consultant shall provide 50%, 90%, and 100% plans and engineer’s estimates based on the improvement plans and comparable bids for similar projects to ensure the project remains within the project budget.
3. Consultant will be responsible for preparing its own survey and potholing to properly analyze the project area in order to prepare accurate design plans for construction. The City will make available any survey and CAD files prepared as part of past studies (if available).
Deliverables for Task 2 should include the following items:
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1. 50% PS&E Design Packages (24”x36” size plans, up to 10 sets)
2. 100% PS&E Bid Package (24”x36” size plans, 5 sets, soft copy in pdf format)
3. Technical Project Specifications
4. 50% and 100% Engineers Cost Estimate
5. Procurement of all necessary permits to allow for the construction of the project
Meetings with City and JPB staff for the review of design plans, specifications and construction staging shall be held on a regular basis. The City will be responsible for securing community and project team meeting facilities. The Consultant shall be responsible for the preparation of all outreach materials, including media ads to be coordinated for publication by the City, meeting notice flyers for mailing to residents by the City, and community meeting presentations. The Consultant shall also serve as a scribe at all community meetings and provide the City with meeting notes and action notes within 5- business days of each meeting.
The Consultant should plan on the following anticipated meeting schedule to successfully develop the final project plans:
1. Monthly coordination meetings with City, CPUC, Caltrans and JPB staff
2. Attend two (2) community outreach meetings
3. One (1) Palo Alto Bicycle Advisory Committee meetings,
4. One (1) City-School Traffic Safety Committee meeting
5. One (1) PTC meeting
6. One (1) Rail Committee meeting
7. One (1) City Council meeting.
The City will be responsible for securing community meeting facilities. The Consultant shall be responsible for the preparation of all outreach materials, including media ads to be coordinated for publication by the City, meeting notice flyers for mailing to residents by the City, and community meeting presentations. The Consultant shall also serve as a scribe at all community meetings.
Task Three (Additional Task): Alternative Concept Plan Line
Consultant will prepare a conceptual design of an alternate scenario to include the bicycle and pedestrian crossing along Charleston Road without significant changes to the bicycle lane configurations beyond the intersection. The results of this task may be required concurrent with Task One.
Deliverables should include the following items:
1. 35% Design (alternative concept plan lines)
2. Illustrative drawings and presentation materials and preparation of staff reports necessary to convey the conceptual designs to the public and decision-makers
3. Preliminary cost estimates
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Task Four: Construction Support Services
Consultant will include additional services for design support services to assist the City in the implementation of the construction phase. Tasks should include but are not limited to: submittal review/approval, responding to RFI’s and resolving any design conflicts/changes. In addition, consultant shall review and inspect necessary connections and equipment required for railroad preemption and implementation of advanced preemption required for the project.
Caltrain Design Guidelines:
http://www.caltrain.com/about/doingbusiness/engineering/engineeringstandards.html
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.
I hereby acknowledge receipt and acceptance of this
Task Order and warrant that I have authority to
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APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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
Number of Days/Weeks (as specified below)
from NTP
1. Concept Plan Lines & Project Approvals December 2025
2. Development of Plans, Specifications &
Engineers Estimate
December 2026
3. Alternative Concept Plan Line December 2026
4. Construction Support Services March 2027
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 of 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 E xhibit 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 1A
(PLAN LINE CONCEPTS & PROJECT APPROVALS)
$64,876
Task 1B
(TRAFFIC ANALYSIS)
$52,800.00
Task 1C
(PUBLIC OUTREACH)
$31,970.00
Task 1D
(POTHOLING)
$17,875.00
Task 2
(PS&E)
$178,860.00
Task 3
(ADDITIONAL - ALTERNATIVE CONCEPT PLAN)
$28,756.00
Task 4
(CONSTRUCTION SUPPORT SERVICES)
$22,568.00
Sub-total for Services $397,705.00
Reimbursable Expenses (if any) NONE
Total for Services and Reimbursable Expenses $0.00
Additional Services (if any, per Section 4) $54,000.00
Maximum Total Compensation $451,705.00
REIMBURSABLE EXPENSES
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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: NONE up to the not-to-exceed amount of:$0.00.
A. Travel outside the San Francisco Bay A rea, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2024
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal $302.00
Senior Associate Principal $280.00
Associate Principal $273.00
Senior Project Manager | Senior Technical Manager $265.00 Project Manager | Technical Manager $260.00
Engineering Manager | Surveying Manager | Planning Manager $239.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $222.00 Project Engineer | Project Surveyor | Project Planner $195.00 Design Engineer | Staff Surveyor | Staff Planner $170.00 BIM Specialist I, II, III $170.00 - $195.00 - $222.00
Technician I, II, III, IV $162.00 - $172.00 - $189.00 - $203.00 Drafter I, II, III, IV $127.00 - $139.00 - $150.00 - $167.00 Engineering Assistant | Surveying Assistant | Planning Assistant $106.00
FIELD SURVEYING
Survey Party Chief $222.00
Instrument Person $190.00
Survey Chainperson $143.00
Utility Locator I, II, III, IV $116.00 - $164.00 - $197.00 - $224.00 Apprentice I, II, III, IV $88.00 - $118.00 - $130.00 - $138.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $290.00
Senior Construction Administrator $253.00
Resident Engineer $188.00
Field Engineer I, II, III $170.00 - $195.00 - $222.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $208.00
Funding Strategies Manager $190.00
Funding/Research Analyst I, II, III, IV $130.00 - $150.00 - $160.00 - $176.00
PROJECT ADMINISTRATION
Project Coordinator $142.00
Senior Project Assistant $122.00
Project Assistant $108.00
Clerical | Administrative Assistant $90.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. In terest will be charged at 1.5% per month on past due accounts.
• The rates shown are subject to periodic increases, including January 1st of each year. BKF ENGINEERS EXHIBIT C-1
SCHEDULE OF RATES
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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
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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.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Human Resources
Meeting Date: December 2, 2024
Report #:2409-3470
TITLE
Approval of Professional Services Contract Number C25191563 with Navia Benefits Solutions Inc. in an Amount Not to Exceed $179,730 as the City of Palo Alto’s Administrator for City Employee Benefit Services of Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a Period of Five Years; CEQA Status – Not a Project.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract No. C25191563 (Attachment A), with Navia Benefits Solutions Inc., to provide administration services for the City’s Flexible Spending Account (FSA), Transportation Spending Account (TSA), Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) for a term of five years and a total amount not-to-exceed $179,730.
BACKGROUND
Flexible Spending Account (FSA)
The City offers a flexible benefit plan that enables employees to pay certain expenses on a pre- tax basis in accordance with IRS rules. Employees can allocate pre-tax funds to either a Healthcare FSA plan or a Daycare FSA plan. The Healthcare FSA plan allows expenses for medical, dental and vision to be paid using pre-tax dollars. Whereas the Daycare FSA plan allows major childcare expenses, such as daycare, camps, babysitting, and preschool, to be paid using pre-tax dollars. Employees who enroll in either the Healthcare Flexible Spending Account (FSA) or the Daycare FSA plan select an annual contribution amount for one or both plans. This elected amount is deducted from their paycheck on a pre-tax basis throughout the calendar year. They can then use these funds to pay for eligible expenses which the administrative services provider confirms meet eligibility requirements.
Transportation Spending Account (TSA)
The City also provides commuter benefits (TSA) for employees to elect annually. Employees receive a monetary incentive if they utilize commuter benefits such as carpooling, bike, transit, Item 7
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and vanpool. The administrative services provider processes eligible receipts and reimburses employees. Monetary incentive provided under commuter benefit amount is negotiated with employee groups.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
COBRA provides employees and their families who lose their health benefits with the option to continue receiving group health coverage through their employer. The City is legally obligated to issue prompt notification to affected employees and their family members, outlining their COBRA rights and the necessary steps to maintain their group health benefits if they choose to do so. Under COBRA, eligible employees and their family members may extend their group health benefits for up to 18 additional months by covering the full cost of the coverage. Human Resources (HR) staff informs the administrative services provider when a former City employee and/or their family members need COBRA documentation promptly mailed and processed to ensure no gaps in medical or dental coverage.
FSA, TSA and COBRA administration are currently handled by one provider, Navia Benefits Solutions.
ANALYSIS
Procurement Process
A request for proposals (RFP) was issued by the City’s benefit broker, Alliant, on behalf of the City, after it was determined that Alliant’s RFP competitive solicitation process is in alignment with the City’s. Alliant conducted a targeted approach, reaching out to four known FSA, TSA, Lifestyle Plan, and COBRA providers. The solicitation period was posted for 15 days, and 3 proposals were received. The solicitation closed on June 21, 2024.
Table 1: Summary of Request for Proposal
Proposal Description
Request for Proposal for
COBRA/FSA/Commuter and Lifestyle Benefit
Proposed Length of Project 5 years
Number of Vendors Notified 4
Number of Proposal Packages Downloaded 3
Total Days to Respond to Proposal 15
Pre-Proposal Meeting No
Pre-Proposal Meeting Date N/A
Number of Proposals Received 3
Proposal Price Range $34,000 to $42,000 per year
Public Link to Solicitation N/A
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The proposals were evaluated and determined to be responsive to the criteria in the RFP. The City evaluated RFP responses based on each respondent's ability to provide excellent customer service, provide efficient services and showcase technology which enhanced both the participant and employer experience. Human Resources staff reviewed the proposals from Navia Benefits Solutions (Navia), Priselac & Associates (P&A), WEX Health. After reviewing all submissions against the three main objectives that the City had for this RFP, staff recommends to continue services with our current provider, Navia. Navia’s proposal was superior for its exceptional customer service, enhanced technology options and competitive pricing.
Navia has served as the City's administrator for FSA and TSA since 2016 and assumed the role of City’s COBRA administrator in 2022. Navia has consistently met or exceeded customer service needs for both plan participants and staff administration managing these benefits. They offer multiple contact methods, an online platform, and mobile app enable participants to easily submit Healthcare and Daycare FSA claims and receive assistance. COBRA notices are sent on time, participants can set up ongoing payments through an online portal, and both participants and staff benefit from dedicated support for any inquiries. Accurate administrative of benefits can be tedious, Navia assigns a dedicated point of contact to address and resolve any concerns related to the administration of these benefits and multiple options for processing and updating employee enrollments. This scale of flexibility is important to support major updates through processes like open-enrollment while still supporting the weekly on and offboarding of individual staff throughout the year.
While preparing for this RFP, staff also included a new requirement for a Lifestyle Plan. Lifestyle Plan enables employers to offer reimbursement for various activities, such as gym membership, wellness programs, activities that promote health and a positive environment at the workplace, Childcare Assistance and much more. Currently, the City offers some of these benefits and may look to increase flexibility in the future. Benefits currently offered such as childcare assistance and gym membership reimbursements are currently administered through manual processes by staff in various departments including Human Resources and Administrative Service payroll.
Transitioning to a service provider for a cost of $4,000, will allow for knowledgeable staff resources to be focused on more strategic initiatives.
FISCAL/RESOURCE IMPACT
The proposals from all providers presented comparable annual costs, ranging from $34,000 to $42,000. Navia will continue to provide their services with no change to their current cost. The annual cost for Navia will be $36,000 and is recommended to continue administering these services due to their expertise and quality service.
Funds for the recommendations in this report to approve a contract for FSA, TSA, COBRA and Lifestyle plan administration services are included in the FY 2025 Adopted Operating Budget of the General Benefits Fund. Expenses in this fund are proportionally allocated out to Item 7
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departments. Funding for future years will be subject to City Council approval through the annual budget process. The current cost for administration of City of Palo Alto’s FSA, TSA and COBRA benefit, adjusted to account for projected population and enrollment changes is $32,000 annually; the new recommended contract maintains this annual cost for current services. Additional $4,000 in annual cost for the Lifestyle Benefit will be incorporated into this contract, as this is a new service.
STAKEHOLDER ENGAGEMENT
As a benefit service provider, employees will continue to interact with the current provider, providing a smooth continuity of services. Implementation of new services will be coordinated with partners such as Administrative Services and other to align business practices and ensure both continuity and opportunities for improvement in current processes.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because approval of this contract for benefit administration services is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: Navia Benefits Solutions Inc., Contract C25191563.
APPROVED BY:
Sandra Blanch, Human Resources Director
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CITY OF PALO ALTO CONTRACT NO. C25191563
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND NAVIA BENEFIT SOLUTIONS, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 25th day of November, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and NAVIA BENEFIT SOLUTIONS, INC. , a Washington Corporation, located at 600 Naches Ave. SW, Renton WA 98057 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to contract for overall administration of Flexible Spending Account (FSA), Transportation Spending Account (TSA) , Lifestyle Plan and Consolidate Omnibus Budget Reconciliation Act (COBRA) administration services ( the “Project”) and desires to engage a consultant to perform these services in connection with the Project ( the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution January 1, 2025 through December 30, 2029 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of Docusign Envelope ID: 4DB41C13-1C75-487C-BFAA-D84F101D97DA Item 7
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this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Hundred Seventy- Nine Thousand Seven Hundred Thirty Dollars ($179,730.00) for the term of the Five year contract.
The hourly schedule of rates, if applicable, is set out in Exhibit C -1, entitled “ SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
SECTION 5. INVOICES. In order to request payment, CONS ULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this A greement 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 Docusign Envelope ID: 4DB41C13-1C75-487C-BFAA-D84F101D97DA Item 7
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errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are listed under the following hyperlink, which may be updated from time to time. https://www.naviabenefits.com/vendor-list/
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors . CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Theo Miesse Email:
[email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day- to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s P roject Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute P roject Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Tarandeep Mann, Human Resources Department, Benefits Division, 250 Hamilton AvenuePalo Alto, CA, zipcode: 94301, Telephone: (650) 329-2574. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
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16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT , CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, Docusign Envelope ID: 4DB41C13-1C75-487C-BFAA-D84F101D97DA Item 7
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CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT wi ll deliver to the City Manager on or before the effective date in the n otice 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 S ervices provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections wil l survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of Docusign Envelope ID: 4DB41C13-1C75-487C-BFAA-D84F101D97DA Item 7
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CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible 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 A ND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with Docusign Envelope ID: 4DB41C13-1C75-487C-BFAA-D84F101D97DA Item 7
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waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and Docusign Envelope ID: 4DB41C13-1C75-487C-BFAA-D84F101D97DA Item 7
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1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangib le or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfu lly obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
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the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
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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 B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: NAVIA BUSINESS ASSOCIATE AGREEMENT
EXHIBIT F: CCPA COMPLIANCE
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C25191563 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
NAVIA BENEFIT SOLUTIONS, INC.
Officer 1
By:
Name: Hilarie Aitken
Title: CEO
Officer 2
By:
Name: Craig Sandifer
Title: CFO
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.
BENEFIT PLAN SERVICE SCHEDULE
Employer has established one or more of the following Benefit Plans (the “Plan” or “Plans”) for purposes of providing benefits administration and/or reimbursement of certain eligible expenses incurred by Covered Individuals:
• Cafeteria Plan Document and Forms
• Health Flexible Spending Arrangement and Dependent Care Flexible Spending Arrangement
• Health Reimbursement Arrangements
• Section 132 Transportation and Parking Plan
• Code Section 223 Health Savings Account
In addition Employer may offer one or more of the following other Plans for purposes of complying with applicable laws or providing additional benefits. • Wellness Plan
• Federal COBRA Administration
• Direct Billing or Retiree Billing Administration
Article I. Standard Benefit Plan Services
1.1. Employer is solely responsible for the operation and maintenance of the Plans. It is Employer’s sole responsibility and duty to ensure that each Plan complies with the applicable laws and regulations, and Navia’s provision of Services under this Agreement does not relieve Employer of this obligation.
1.2. If applicable to the particular Plan, Navia will provide Navia’s standard plan document, summary plan description, and forms to be used by Employer as a template for creating the governing documents for the Plan(s). Such standard documents and forms have been prepared in accordance with the standard of care set forth in the Agreement but are general in nature and do not take into consideration facts and circumstances specific to Employer and Employer’s Plans.
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and ensure they conform to the facts and circumstances specific to Employer and the Plans, and ensure the documents comply with applicable laws. Employer shall also make such documents available to Covered Individuals as required by law.
1.3. Employer will provide to Navia timely, accurate and complete information relating to the Covered Individuals and the Plans as is necessary for Navia to satisfy its obligations hereunder.
Employer will provide such information in a format identified by Navia. In the event that information is not timely reported or verified, and in the event that there are disbursements made by Navia that would not have been made if the occurrence had been reported on the same day of each such occurrence, then Employer shall be responsible for such disbursements and shall reimburse Navia therefore upon request by Navia. Employer shall be responsible for accurate Participant payroll deductions, reporting of deductions, and W-2 reporting. Employer understands and agrees that Navia may rely on all information provided to it by Covered Individuals and/or Employer in accordance with this Agreement as true and accurate without further verification or investigation by Navia. Navia shall not be responsible and shall be held harmless for the receipt of inaccurate and/or incomplete information or data files. Navia shall not be responsible for any delays in providing services under this Agreement and any financial or adverse consequences due to the receipt of the inaccurate and/or incomplete information or data files or for Employer’s failure to send data files.
1.4 If applicable to the Plan(s), Navia will make enrollment kits (describing the benefit), enrollment forms, online enrollment specification files, and claim forms available on the Website and/or to Employer for distribution to Covered Individuals. Navia is only obligated to process claims submitted to Navia in accordance with the instructions set forth on Navia’s claim forms.
Navia will process claims in accordance with applicable law, its standard operating procedures, and the terms of the Plan to the extent that such terms are provided to Navia and are consistent with Navia’s standard operating procedures. Navia may also provide claims submission capabilities via online and through a smart phone application for certain Plans. If Navia denies a request for reimbursement, Navia will review the 1st level appeal. If the Plan provides for 2 levels of appeal Employer will be responsible for the final determination. Employer shall be the fiduciary and Plan Administrator of the Benefits Plans and shall be responsible for interpreting the Plans, its provisions, terms and conditions and make any and all determinations as to eligibility, appeal, and change in status events, as applicable.
1.5 In the event that a Covered Employee is reimbursed less than is otherwise required by the Plans, Navia will promptly adjust the underpayment to the extent that Employer has satisfied its funding obligations as set forth herein. If it is discovered that a Covered Employee was overpaid, or the Covered Employee fails to substantiate an Electronic Payment Card Transaction as required by applicable rules and regulations, Navia will make reasonable attempts to request repayment of overpaid or unsubstantiated Electronic Payment Card claims or offset the ineligible payment against any claims for future eligible expenses in accordance with applicable rules and regulations. If the Covered Employee fails to repay or offset, Navia will notify Employer upon Employer’s written request for such report or data. Employer is responsible for taking any additional action permitted or required by law (e.g., including such amounts in income or garnishing wages consistent with applicable laws). Navia shall have no obligation to request repayment or offset to the extent such overpayment is a result of Employer’s acts or omissions, such payments were authorized by Employer or Employer has failed to satisfy its funding obligations.
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