CITY COUNCIL
Special Meeting
Monday, September 29, 2025
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
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
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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
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
to
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.
1 September 29, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas
.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:30 - 5:40 PM)
1. Proclamation Honoring Nara Cammack for her effort in proposing and advancing a Bike Safety Park project in the City of Palo Alto
2. Proclamation Recognizing September 2025 as Suicide Prevention Awareness Month
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:40 - 6:10 PM)
Members of the public may speak in-person ONLY to any item NOT on the agenda. 1-3 minutes depending on number of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 - 6:25 PM) Members of the public may not speak to the item(s).
STUDY SESSION (6:25 - 7:25 PM)
3. Impacts of H.R.1 on Santa Clara County Region
Supplemental Report Added
CONSENT CALENDAR (7:25 - 7:30 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
4. Approval of Minutes from September 8 and September 15, 2025 Meetings
5. PUBLIC HEARING / QUASI-JUDICIAL. 70 Encina Avenue [25PLN-00034]: Request for Approval of a Tentative Map to Merge Two Lots and Allow for a Condominium Subdivision to Create 10 Units on the Resulting 12,119-Square-Foot Parcel. The Subdivision Map Would Facilitate Construction of Ten New Residential Units in One Building, which was previously approved on April 14, 2025 (24PLN-00095). CEQA Status:
Exempt from the Provisions of the California Environmental Quality Act (CEQA) in Accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency).
Zoning District: PC-5654.
6. Approval of FY 2026 Architectural Review Board, Historic Resources Board, Planning and Transportation Commission, and Utilities Advisory Commission Work Plans; CEQA status
2 September 29, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas
.
– not a project
7. Adoption of a Resolution for the County of Santa Clara Historic Heritage Grant Application for the Restoration of the Roth Building Frescoes (Phase II); CEQA Status- categorically exempt.
8. Authorization to Execute an Amendment to Legal Services Contract S25194587 with Atkinson Andelson Loya Ruud & Romo to Increase Amount by $100,000 for Total Not-to- Exceed Amount of $185,000; CEQA Status – Not a Project.
9. Approval of General Service Contract No. C26194249 with Orion Security for Security Services at the Municipal Service Center and the Regional Water Quality Control Plant in an Amount Not-To-Exceed $1,448,260 for a Period of Five Years; CEQA Status – Categorically Exempt under Section 15301
10. Approval of Professional Services Agreement C26195459 with Project Safety Net, Inc. in an amount not-to-exceed $300,000 to Provide Youth Mental Health and Suicide Prevention Support for a term ending June 30, 2028; CEQA Status – Not a Project.
11. Authorization to Execute Amendment to Legal Services Contract S24190674 with Jeffrey Oneal dba Rankin Oneal to Increase Amount by $85,000 for Total Not-to-Exceed Amount of $170,000; CEQA Status – Not a Project.
12. The City Schools Liaison Committee Recommends Approval of Professional Services Contract Number C26195844 with the JED Foundation for a Not-to-Exceed Amount of $149,000 for Technical Assistance, Evaluation, and Support Regarding Youth and Young Adult Mental Health Programs for a Period of Two Years; CEQA Status - Not a Project
Supplemental Report Added
13. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2026 Municipal Fee Schedule to Amend and Remove Various Fees (FIRST READING:
September 8,2025 PASSED: 7-0)
14. SECOND READING: Ordinance Amending PAMC Chapter 10.56 (Special Speed Zones) to Update Speed Limit Studies for 22 Streets and Decrease the Speed Limit for a Portion of Deer Creek Road (FIRST READING: September 8,2025 PASSED: 7-0)
15. SECOND READING: Ordinance Amending Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code to Reflect Changes in Law (FIRST READING: September 8,2025 PASSED: 7-0)
3 September 29, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas
.
16. SECOND READING: Adoption of Four Ordinances, as Recommended by the Retails Committee to Amend and Reorganize Stormwater and Wastewater Management Requirements by Amending PAMC Chapter 16.09 (Sewer Use Ordinance), Amending Chapter 16.11 (Stormwater Pollution Prevention), Adding New Chapter 16.13 (Requirements for Food Facilities Related to Water Pollution Prevention and Management of Fats, Oils, and Grease), and Adding New Chapter 16.66 (Hauled Liquid Waste). (FIRST READING: September 8, 2025, PASSED 7-0)
AA1.
Approve Purchase Order C26195416 with Carahsoft, Utilizing a General Services Administration Blanket Purchase Agreement, to Procure SAP S/4 HANA Suite of Products and Corresponding Software and Hosting Services for a 5-Year Term for a Not-To-Exceed Amount of $6,640,429; and Approve a Budget Amendment in the Technology Fund as Recommended by Finance Committee; CEQA Status - Not a Project
New Item Added
CITY MANAGER COMMENTS (7:30 - 7:45 PM)
BREAK (15 MINUTES)
CLOSED SESSION (8:00 - 10:30 PM)
17. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Potential litigation regarding 156 North California Avenue, as set forth in letter(s) from Holland & Knight LLP dated September 3, 2025 Authority: Government Code Section 54956.9(d)(2); One case, as Defendant.
AA2.
CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Petition for Redistribution of Local Tax with California Department of Tax and Fee Administration
Authority: Government Code Section 54956.9(d)(2)
One Case, as Petitioner
New Item Added
AA3.
CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Initiation of Litigation in three Cases:
A.
City of Fresno et al. v. Turner et al.
, United States District Court, Northern
District of California, Case No. 3:25-cv-07070; and
B.
King County et al. v. Turner et al.
, United States District Court, Western
4 September 29, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas
.
District of Washington, Case No. 2:25-cv-00814; and
C. Anticipated litigation not yet filed against Federal Government Authority: Government Code Section 54956.9(d)(4)
Three Cases, as Plaintiff
New Item Added
18. Public Employee Performance Evaluations
Cal. Gov. Code section 54957 (b)1
City Manager, City Attorney, City Clerk, City Auditor
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action or discussion during this meeting’s agenda.
A.
City of Palo Alto Monthly Investment Report August 2025 (Unaudited)
OTHER INFORMATION
Standing Committee Meetings this week
Climate Action & Sustainability Committee October 3, 2025 CANCELED Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
3. Impacts of H.R.1 on Santa Clara County Region
Supplemental Report Added
12. The City Schools Liaison Committee Recommends Approval of Professional Services Contract Number C26195844 with the JED Foundation for a Not-to-Exceed Amount of $149,000 for Technical Assistance, Evaluation, and Support Regarding Youth and Young Adult Mental Health Programs for a Period of Two Years; CEQA Status - Not a Project
Supplemental Report Added
5 September 29, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas
.
AA1.
Approve Purchase Order C26195416 with Carahsoft, Utilizing a General Services Administration Blanket Purchase Agreement, to Procure SAP S/4 HANA Suite of Products and Corresponding Software and Hosting Services for a 5-Year Term for a Not-To-Exceed Amount of $6,640,429; and Approve a Budget Amendment in the Technology Fund as Recommended by Finance Committee; CEQA Status - Not a Project
New Item Added
AA2.
CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Petition for Redistribution of Local Tax with California Department of Tax and Fee Administration
Authority: Government Code Section 54956.9(d)(2)
One Case, as Petitioner
New Item Added
AA3.
CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION
Subject: Initiation of Litigation in three Cases:
A.
City of Fresno et al. v. Turner et al.
, United States District Court, Northern
District of California, Case No. 3:25-cv-07070; and
B.
King County et al. v. Turner et al.
, United States District Court, Western
District of Washington, Case No. 2:25-cv-00814; and
C. Anticipated litigation not yet filed against Federal Government Authority: Government Code Section 54956.9(d)(4)
Three Cases, as Plaintiff
New Item Added
PUBLIC COMMENT INSTRUCTIONS
Members
of
the
Public
may
provide
public
comments
to
teleconference
meetings
via
email,
teleconference, or by phone.
1. Written public comments
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6 September 29, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas
.
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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
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Persons
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who
require
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who
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auxiliary
aids
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access
City
meetings,
programs,
or
services
may
contact
the
City’s
ADA
Coordinator
at
(650)
329-2550
(voice)
or
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emailing
Requests
for
assistance
or
accommodations
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at
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24 hours
in
advance
of
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meeting,
program,
or
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California
Government
Code
§84308
,
commonly
referred
to
as
the
"Levine
Act,"
prohibits
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official
of
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local
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participating
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permit,
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other
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to
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within
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last
12 months.
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includes
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responsible
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and
have
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value
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who
files
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for,
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interest”
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Political
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7 September 29, 2025
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas
.
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2506-4812
TITLE
Proclamation Honoring Nara Cammack for her effort in proposing and advancing a Bike Safety Park project in the City of Palo Alto
ATTACHMENTS
Attachment A: Proclamation Honoring Nara Cammack
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 1
Item 1 Staff Report
Item 1: Staff Report
Pg.
1 Packet Pg. 8 of 436
HONORING NARA CAMMACK
WHEREAS, Nara Cammack, a June 2025 graduate of Gunn High School , has demonstrated exceptional leadership and community spirit through her vision and dedication in proposing and advancing a Traffic Garden/Bike Safety Park project in the City of Palo Alto; and WHEREAS, the Bike Safety Park, approximately the size of two basketball courts, provides a safe delineated track to teach bicycle safety and traffic rules. While particularly valuable for children learning to ride, it serves as a resource for residents of all ages; and
WHEREAS, as part of her community service initiative, Nara collaborated closely with City staff from Transportation, Community Services, and Public Works Departments, as well as representatives from Palo Alto Community Child Care (PACCC). Together they identified the Ventura Community Center as a fitting location, and the project received broad support from all parties; and WHEREAS, in addition to navigating the City's review process, Nara raised funds , engaged the community, and presented to the Parks and Recreation Commission in June 2024; and WHEREAS, PTA/PAUSD/City Safe Routes to School Partnership also welcomed the project through a presentation to the City School Transportation Safety Committee , recognizing its value in strengthening immersive K-12 bicycle safety education; and
WHEREAS, the Bike Safety Park, the first of its kind in the Bay Area, was successfully installed on September 15, 2025, providing a lasting resource that promotes safety, sustainability, and healthy lifestyles in Palo Alto.
NOW, THEREFORE I, Ed Lauing, Mayor of the City of Palo Alto, on behalf of the entire City Council, do hereby commend Nara Cammack for her outstanding initiative, perseverance, and commitment to her community.
Her leadership serves as an inspiring example of civic engagement for Palo Alto’s youth and residents alike.
Presented: September 29, 2025
______________________________
Ed Lauing
Mayor
Proclamation
Item 1
Attachment A -
Proclamation Honoring
Nara Cammack
Item 1: Staff Report
Pg.
2 Packet Pg. 9 of 436
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2509-5237
TITLE
Proclamation Recognizing September 2025 as Suicide Prevention Awareness Month
ATTACHMENTS
Attachment A: Proclamation Recognizing Suicide Prevention Awareness Month APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 2
Item 2 Staff Report
Item 2: Staff Report
Pg.
1 Packet Pg. 10 of 436
SUICIDE PREVENTION AWARENESS MONTH
September 2025
WHEREAS, recognizing Suicide Prevention Awareness Month honors the memory of those who have lost their lives to suicide and uplifts mental health as a topic that should be discussed openly and without fear of judgment or stigma, ensuring that everyone experiencing a mental health crisis can receive support; and WHEREAS, the Palo Alto City Council recognizes death by suicide as a public health problem and suicide prevention as a community responsibility; and
WHEREAS, suicide prevention efforts should be developed and encouraged to the maximum extent possible.
As of May 2023, every city in Santa Clara County has formally adopted a city suicide prevention policy, increasing collaborative efforts with the County’s Suicide Prevention Program , helping bring awareness to this important issue, and saving lives; and
WHEREAS, locally we have many resources, including Project Safety Net , a collaborative community network united by a common mission in fostering youth well-being in Palo Alto, which was established in 2009.
Project Safety Net coalition partners are collectively dedicated to reducing the frequency of suicide attempts and the pain of survivors by promoting and providing mental health services, outreach and education, policy advocacy, and program evaluation; and
WHEREAS, the American Foundation for Suicide Prevention recognizes the entire month of September as National Suicide Prevention Month, and September 10th is recognized as World Suicide Prevention Day, established in 2003 by the International Association for Suicide Prevention in conjunction with the World Health Organization.
NOW, THEREFORE, I, Ed Lauing, Mayor of the City of Palo Alto, on behalf of the entire City Council, do hereby proclaim the month of September 2025 as Suicide Prevention Awareness Month.
Presented: September 29, 2025
______________________________
Ed Lauing
Mayor
Proclamation
Item 2
Attachment A -
Proclamation Recognizing
Suicide Prevention
Awareness Month
Item 2: Staff Report
Pg.
2 Packet Pg. 11 of 436
City Council
Staff Report
Report Type: STUDY SESSION
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2509-5235
TITLE
Impacts of H.R.1 on Santa Clara County Region
There is no staff report for this study session item. The agenda materials that were shared at the Santa Clara County Board of Supervisor’s 8/7/25 item on this topic may be found here:
https://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=17359.
A presentation from Santa Clara County staff will be published as a late packet report on September 25, 2025.
Item 3
Item 3 Staff Report
Item 3: Staff Report
Pg.
1 Packet Pg. 12 of 436
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2509-5207
TITLE
Approval of Minutes from September 8 and September 15, 2025 Meetings
RECOMMENDATION
Staff recommends that the City Council review and approve the minutes.
ATTACHMENTS
Attachment A: September 8, 2025 Draft Action Minutes
Attachment B: September 15, 2025 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 4
Item 4 Staff Report
Item 4: Staff Report
Pg.
1 Packet Pg. 13 of 436
CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
September 8, 2025
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, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker Present Remotely:
Absent:
Agenda Changes, Additions and Deletions
Public Comment
Council Member Questions, Comments and Announcements
Study Session
1. 414 California Avenue [25PLN -00140]. Request for Council Prescreening to Rezone the Subject Property from Community Commercial (2) (CC[2]) to Planned Community/Planned Home Zoning and to Allow Construction of a Mixed- Use Building with 37 Units in a Six -Story Structure on a 16,231 -Square-Foot (0.37 Acre) Site. CEQA Status: Not a Project. Item Removed Off Agenda (Rescheduled for September 15, 2025 City Council Meeting)
2. San Francisquito Creek Joint Powers Authority Update on Reach 2 Flood Control Project
NO ACTION
Item 4
Attachment A - September
8, 2025 Draft Action
Minutes
Item 4: Staff Report
Pg.
2 Packet Pg. 14 of 436
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 09/08/2025
Consent Calendar
MOTION: Councilmember Reckdahl moved, seconded by Councilmember Lu to approve Agenda Item Numbers 3-17.
MOTION PASSED: 7-0
3. Approval of Minutes from August 11 and August 18, 2025 Meetings
4. Adoption of an Ordinance Amending the Fiscal Year 2026 Municipal Fee Schedule to Reflect Council -Directed Changes to Existing Fees and Add a New Subsidized Fee for Stand-Alone Residential Gas, Water and Space Heating Equipment Permits. CEQA Status:
Not a Project
5. Approval of Construction Contract No. C26195620 with Public Restroom Company in the Amount Not -to-Exceed $412,940 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders Up to a Not -to-Exceed Amount of $41,294 to Provide and Install a Modular Restroom Building at Mitchell Park for the Park Restroom Installation Capital Improvement Program Project (PG -19000); CEQA status – exempt under CEQA Guidelines Section 15303
6. Approve Amendment #1 of the Memorandum of Agreement (MOA) with the California Alternate Energy and Advanced Transportation Financing Authority (CAEATFA), to Extend the Term of the Agreement from Two Years to Five Years, to Continue to Enable the Residents of Palo Alto to Participate in the GoGreen Home Energy Financing Program.
7. Authorization to Execute Amendment to Legal Services Contract S26195198 with Colantuono Highsmith & Whatley PC to Increase Amount by $205,000 for Total Not -to- Exceed Amount of $255,000; CEQA Status – Not a Project.
8. Adoption of an Emergency Ordinance Amending Palo Alto Municipal Code Chapters
16.04 (California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 & 2), 16.05 (California Mechanical Code, California Code of Regulations, Title 24, Part 4), and 16.14 (California Green Building Standards Code, California Code of Regulations, Title 24, Part 11) to Make Non -Substantive Changes Addressing Comments from the California Building Standards Commission. CEQA Status: Exempt Pursuant to CEQA Guidelines Sections 15061(b)(3) and 15308.
9. Approval of the Purchasing Card Audit and Extension Deadline for Two FY2024 Audit Project Task Orders and Amendment of the FY2024 and FY2025 Task Order Budgets to Realign the Authorized Budgets with a Net Zero Impact, as Recommended by the Policy & Services Committee; CEQA – Not a Project
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10. Approve Purchase Order S26195255 with Dasher Technologies, Utilizing a State of California Blanket Purchase Agreement, to Procure Rubrik Data Backup and Security Solution for a 3 -Year Term for a Not -To-Exceed Amount of $106,933; CEQA Status - Not a Project.
11. Approval of Professional Service Contract Number C26195633 with H.T. Harvey & Associates in an Amount Not to Exceed $195,004 for Services to Manage a Wetland Remedial Mitigation Plan for a Period of 2 Years. CEQA Status – Categorically Exempt.
12. FIRST READ: Adopt an Ordinance Amending PAMC Chapter 10.56 (Special Speed Zones) to Update Speed Limit Studies for 22 Streets and Decrease the Speed Limit for a Portion of Deer Creek Road; and Approve the 2024 Traffic Survey; CEQA status – categorically exempt.
13. FIRST READING: Adoption of an Ordinance Amending Chapter 16.64 (Development Fee and In-Lieu Payment Administration) of Title 16 (Building Regulations) of the Palo Alto Municipal Code to Reflect Changes in Law. CEQA Status – Exempt under CEQA Guidelines Section 15061(b)(3).
14. SECOND READING: Ordinance Adopting the 2025 Fire Hazard Severity Zone Map Issued by the State Fire Marshal (FIRST READING: August 11, 2025 PASSED 6 -0-1, Lythcott - Haims Absent)
15. SECOND READING: Ordinance Adding Use of Council Chambers Fees to the FY 2026 Municipal Fee Schedule (FIRST READING: August 11, 2025 PASSED 6 -0-1, Lythcott-Haims absent)
16. SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter
2.21 (Architectural Review Board) and Chapter 2.25 (Parks and Recreation Commission) of the Palo Alto Municipal Code to Amend Procedures for Electing a Chair and Vice Chair (FIRST READING: August 11, 2025, PASSED 6-0-1, Lythcott-Haims Absent)
17. SECOND READING: Ordinance of the Council of the City of Palo Alto Restating Procedures for Expedited Permitting Processing for Electric Vehicle Charging Systems (FIRST READING: August 11, 2025 PASSED 6-0-1, Lythcott-Haims Absent)
City Manager Comments
Ed Shikada, City Manager
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Action Items
18. Discuss the FY 2026 budget amendments to reduce General Fund appropriations by approximately $6.2 million as Recommended by the Finance Committee and Approve the FY 2026 Budget Amendments in Various Funds. CEQA Status - Not a Project.
MOTION: Council member Burt moved, seconded by Council member Reckdahl to approve amendments to the Fiscal Year 2026 Budget Appropriation for various funds and various capital projects, as identified in Attachment A, Exhibit 1 and 2 with the following changes:
A. Restore Reserve Officer (0.12 FTE) position in the Police Department ($15k) B. Restore Program Assistant I (1.00) position in the Community Services Department at the JMZ ($126k)
C. Refer the Foothills Nature Preserve Improvements capital project (PE -21000) to the Parks and Recreation Commission and staff will return with potential adjustments as part of the FY 2026 Mid-Year Budget Review
D. Apply Measure B funding towards Churchill Avenue Enhanced Bikeway capital project (PL-14000) ($2.5M)
E. Retain $50k in the Baylands Levee Repair for Public Safety Access capital project (OS- 09002)
F. Refer Staff to review the Railroad Grade Separation and Safety Improvements capital project (PL -17001) and return with potential adjustments as part of the FY 2026 Mid- Year Budget Review
AMENDMENT SPLIT FOR THE PURPOSE OF VOTING
AMENDMENT: Council member Stone moved, seconded by Council member Lythcott-Haims to restore Senior Management Analyst (1.00 FTE) position in the City Manager’s Office ($176k) AMENDMENT PASSED: 7-0
AMENDMENT: Council member Stone moved, seconded by Council member Lythcott-Haims to restore Staff Specialist (0.48 FTE) position in the Community Services Department at the JMZ ($42k)
AMENDMENT PASSED: 5-2, Burt, Reckdahl no
AMENDMENTS INCORPORATED INTO THE FINAL MOTION
FINAL MOTION: Councilmember Burt moved, seconded by Councilmember Reckdahl to approve amendments to the Fiscal Year 2026 Budget Appropriation for various funds and Item 4
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various capital projects, as identified in Attachment A, Exhibit 1 and 2 with the following changes:
G. Restore Reserve Officer (0.12 FTE) position in the Police Department ($15k) H. Restore Program Assistant I (1.00) position in the Community Services Department at the JMZ ($126k)
I. Refer the Foothills Nature Preserve Improvements capital project (PE -21000) to the Parks and Recreation Commission and staff will return with potential adjustments as part of the FY 2026 Mid-Year Budget Review
J. Apply Measure B funding towards Churchill Avenue Enhanced Bikeway capital project (PL-14000) ($2.5M)
K. Retain $50k in the Baylands Levee Repair for Public Safety Access capital project (OS- 09002)
L. Refer Staff to review the Railroad Grade Separation and Safety Improvements capital project (PL -17001) and return with potential adjustments as part of the FY 2026 Mid- Year Budget Review
M. Restore Senior Management Analyst (1.00 FTE) position in the City Manager’s Office ($176k)
N. Restore Staff Specialist (0.48 FTE) position in the Community Services Department at the JMZ ($42k)
FINAL MOTION PASSED: 7-0
19. Adoption of an Emergency Ordinance Amending Palo Alto Municipal Code (PAMC) Chapter 16.04 to Add Local Administrative Amendments Related to Certificates of Occupancy and Definitions to the 2022 California Building Code, and an Emergency Ordinance Amending PAMC Chapter 16.17 to Adopt the 2025 California Energy Code and Local Amendments Thereto. CEQA Status – Exempt Under CEQA Guidelines Section 15061(b)(3) and 15308.
MOTION: Vice Mayor Veenker moved, seconded by Mayor Lauing to:
1. Adopt, by a four -fifths majority, the attached emergency ordinance (Attachment E) to incorporate administrative amendments into Palo Alto Municipal Code 16.04, which implements the California Building Code, and
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2. Adopt, by a four -fifths majority, the attached emergency ordinance (Attachment F) amending PAMC Chapter 16.17 to incorporate the 2025 Edition of the California Energy Code with local amendments related to energy efficiency.
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned at 10:29 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 Council and committee proceedings. These recordings are available on the City’s website.
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CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
September 15, 2025
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, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker Councilmember Stone arrived at 5:49 P.M.
Present Remotely:
Absent:
Agenda Changes, Additions and Deletions
Public Comment
Council Member Questions, Comments and Announcements
Study Session
1. 414 California Avenue [25PLN -00140]. Request for Council Prescreening to Rezone the Subject Property from Community Commercial (2) (CC[2]) to Planned Community/Planned Home Zoning and to Allow Construction of a Mixed- Use Building with 37 Units in a Six -Story Structure on a 16,231 -Square-Foot (0.37 Acre) Site. CEQA Status: Not a Project.
NO ACTION
Consent Calendar
Councilmembers Reckdahl, Burt requested to pull Agenda Item Number 9.
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Councilmembers Reckdahl, Burt registered a no vote on Agenda Item Number 9.
Vice Mayor Veenker recused from Agenda Item Number 9.
MOTION: Councilmember Stone moved, seconded by Mayor Lauing to approve Agenda Item Numbers 2-9.
MOTION PASSED ITEMS 2-8: 7-0
MOTION PASSED ITEM 9: 4-2-1, Burt, Reckdahl No, Veenker Recused
2. PUBLIC HEARING: Adoption of Voluntary Residential Electric Service Time -of-Use Rates (E-1 TOU) as Recommended by the Finance Committee; CEQA Status: Not a Project
3. Finance Committee Recommendation for City Council to Direct Staff to Follow the Reasonable-Cost Analysis Required by Proposition 26 for the Gas Cost of Service Analysis and Collaborate with the Utilities Advisory Commission to Develop Revised Gas Rate Schedules Effective January 2026, Based on Five Design Principles; CEQA – Not a Project
4. Authorization to Execute Amendment to Legal Services Agreement S25193131 with Diepenbrock Elkin Dauer McCandless to Increase Amount by $1,086,000 for Total Not- to-Exceed Amount of $1,171,000; CEQA Status – Not a Project.
5. Approval of Contract Amendment Number 1 to Contract C21177635B with Ingram Library Services in the amount of $255,000 for Print Materials and Services for a new not-to-exceed (NTE) of $455,000; and Contract Amendment Number 1 to Contract C21177635C with Midwest Tape in the amount of $53,000 for Media and Digital Materials and Services for a new not -to-exceed (NTE) of $753,000; CEQA Status – Not a Project.
6. Approval of 1) Amendment No. 8 to Contract No. C16163034A with Cumming Management Group, Inc. to Add $208,528, Increasing the Not -to-Exceed Amount to $10,683,771, for Additional Construction Management Services; 2) Professional Services Contract No. S26195542 with 4Leaf, Inc. in the Amount of $150,579 to Provide Inspector of Record Services; and 3) Amendment to the Fiscal Year 2026 Budget Appropriation for the Capital Improvement Fund to Support the New Public Safety Building Capital Improvement Program Project (PE -15001); CEQA Status - Environmental Impact Report for the New Public Safety Building and New California Avenue Area Parking Garage (Resolution No. 9772)
7. Approval of the Third Amended and Restated Purchase Order Number 4521000199 with Altec Industries, Inc., to Increase the Purchase Order Amount by $365,983 to a New Not-to-Exceed Amount of $1,073,075, including a Contingency Amount of $51,099, for the Purchase of Two 2025 Peterbilt 548 Hydraulic Digger Derricks; and Amend the FY Item 4
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2026 Budget in the Vehicle Replacement and Maintenance Fund and the Electric Fund; CEQA Status – Exempt, Not a Project
8. FIRST READING: Adoption of Four Ordinances, as Recommended by the Retail Committee, to Amend and Reorganize Stormwater and Wastewater Management Requirements by Amending PAMC Chapter 16.09 (Sewer Use Ordinance), Amending Chapter 16.11 (Stormwater Pollution Prevention), Adding New Chapter 16.13 (Requirements for Food Facilities Related to Water Pollution Prevention and Management of Fats, Oils, and Grease), and Adding New Chapter 16.66 (Hauled Liquid Waste); Adoption of Two Resolutions Establishing Regulations to Implement PAMC Chapters 16.11 and 16.13; Adoption of a Resolution Amending and Restating the Administrative Penalty Schedule and Civil Penalty Schedules for Certain Violations of the PAMC; CEQA Status – Exempt under CEQA Guidelines Section 15308
9. QUASI-JUDICIAL. 400 Mitchell Lane [25PLN-00006]: Recommendation From the Planning and Transportation Commission to Uphold the Director’s Decision to Approve a Conditional Use Permit Allowing a Private University Educational Use Within an Existing Building. CEQA Status: Exempt in accordance with CEQA Guidelines Section 15301 (Existing Facilities). Zone District: PF.
City Manager Comments
Ed Shikada, City Manager
Action Items
10. Approval of a Director’s Interpretation Pursuant to PAMC Section 18.01.025 Concluding That Noncomplying Residential Gross Floor Area may not be Relocated Within a Structure; Denial of the Associated Appeal; Direction to Prepare a Future Code Amendment for Administrative De Minimis Exceptions to the Zoning Code; CEQA:
Exempt Pursuant to CEQA Guidelines Section 15061(b)(3)
ORGINAL MOTION: Councilmember Lu moved, seconded by Councilmember Burt to:
1. Do not uphold the Director of Planning and Development Services’ formal interpretation dated May 8, 2025, concluding that noncomplying residential gross floor area may not be removed and restored elsewhere on the property pursuant to Palo Alto Municipal Code (PAMC) Chapter 18.70, approving the associated appeal; and,
2. Direct staff to not to prepare a text amendment authorizing the Director of Planning and Development Services to consider or approve de minimis exceptions from noncomplying Item 4
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facility regulations and similar minor adjustments that are not impactful to adjacent properties or public realm for residential properties.
COUNCILMEMBER BURT WITHDREW HIS SECOND TO THE ORGINAL MOTION
MOTION: Councilmember Lu moved, seconded by Councilmember Burt to:
1. Do not u phold the Director of Planning and Development Services’ formal interpretation dated May 8, 2025, concluding that noncomplying residential gross floor area may not be removed and restored elsewhere on the property pursuant to Palo Alto Municipal Code (PAMC) Chapter 18.70, approving the associated appeal; and,
2. Direct staff to prepare a text amendment authorizing the Director of Planning and Development Services to consider or approve de minimis exceptions from noncomplying facility regulations and similar minor adjustments that are not impactful to adjacent properties or public realm for residential properties.
MOTION FAILED: 3-4, Lauing, Stone, Veenker, Reckdahl no
MOTION: Mayor Lauing moved, seconded by Vice Mayor Veenker to
1. Uphold the Director of Planning and Development Services’ formal interpretation dated May 8, 2025, concluding that noncomplying residential gross floor area may not be removed and restored elsewhere on the property pursuant to Palo Alto Municipal Code (PAMC) Chapter 18.70, denying the associated appeal; and,
2. Direct staff to prepare a text amendment within 6-months authorizing the Director of Planning and Development Services to consider or approve de minimis exceptions from noncomplying facility regulations and similar minor adjustments that are not impactful to adjacent properties or public realm for residential properties.
AMENDMENTS INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND
SECONDER
MOTION PASSED: 6-0-1, Lu abstained
11. Approval of a Third Phase Agreement with Northern California Power Agency for the Purchase of Battery Energy Storage Capacity from Trolley Pass Project LLC, over a Term of up to 20 Years for a Total Not to Exceed Amount of $161.7 Million; CEQA status: not a project under CEQA Guidelines sections 15378(a), (b)(5) Item 4
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MOTION: Vice Mayor Veenker moved, seconded by Councilmember Burt to:
1. Authorize the City Manager, or their designee, to execute a Third Phase Agreement (Attachment A) with the Northern California Power Agency (NCPA) to purchase the output of a 50-megawatt (MW) share of a grid-connected battery energy storage system (BESS) owned by Trolley Pass Project LLC, a subsidiary of Aypa Power Development (Aypa), over a period of 20 years, at a total cost not to exceed $161.7 million;
2. Authorize the City Manager, or their designee, to execute on behalf of the City all related documents or agreements necessary to administer the Third Phase Agreement that are consistent with the Palo Alto Municipal Code and City Council -approved policies, including, but not limited to, collateral assignment agreements; and take any and all actions as are necessary or advisable to implement and administer the Third Phase Agreement; and,
3. Authorize the City Manager, or their designee, to approve and execute amendments to the Third Phase Agreement, as may be required from time to time, so long as the contract price and length of the agreement remain unchanged.
MOTION PASSED: 7-0
12. Designation of Voting Delegate and Alternate for the League of California Cities Annual 2025 Conference, to be held October 8-10, 2025, in Long Beach, California MOTION: Mayor Lauing moved, seconded by Councilmember Lythcott-Haims to designate Vice Mayor Vee nker as the voting delegate for the 2025 League of California Cities Annual Conference.
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned at 9:49 P.M.
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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
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: September 29, 2025
Report #:2506-4882
TITLE
PUBLIC HEARING / QUASI-JUDICIAL. 70 Encina Avenue [25PLN-00034]: Request for Approval of a Tentative Map to Merge Two Lots and Allow for a Condominium Subdivision to Create 10 Units on the Resulting 12,119-Square-Foot Parcel. The Subdivision Map Would Facilitate Construction of Ten New Residential Units in One Building, which was previously approved on April 14, 2025 (24PLN-00095). CEQA Status: Exempt from the Provisions of the California Environmental Quality Act (CEQA) in Accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency). Zoning District: PC-5654.
RECOMMENDATION
Staff recommends the City Council take the following actions:
1. Consider the project exempt from CEQA in accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency) as documented in Attachment C; and
2. Approve the Tentative Map based on findings and subject to conditions of approval in the Draft Record of Land Use Action (RLUA) in Attachment B.
EXECUTIVE SUMMARY
The applicant requests approval of a Tentative Map1 to merge two contiguous parcels, located at 70 Encina Avenue (APN 120-34-006) and on an adjacent unaddressed parcel (APN 120-34- 007), and for a condominium subdivision to allow 10 residential condominium units on the resulting, 12,119-square-foot parcel. The Planning and Transportation Commission (PTC) unanimously recommended approval on August 27, 2025.
Council previously approved rezoning of the two parcels and construction of a 10-unit residential condominium project through the Planned Home Zoning/Planned Community 1 Tentative Map: https://www.paloalto.gov/files/assets/public/v/1/planning-amp-development-services/new- development-projects/70-encina/september-29-2025-council-tentative-map.pdf Item 5
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process set forth in Palo Alto Municipal Code (PAMC) Chapter 18.38.3 Two of the approved units will be provided at below market rate and made affordable to households making 80% of Area Median Income or below.
BACKGROUND
The project includes a request for a Tentative Map to merge two contiguous parcels located at 70 Encina Avenue (APN 120-34-006) and on an adjacent unaddressed parcel (APN 120-34-007), and for a condominium subdivision to allow ten residential condominium units on the resulting, 12,119-square-foot parcel.
Requested Entitlements, Findings and Purview
The applicant requests approval of a tentative map, which is subject to City Council approval.
The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code (PAMC) and California Government Code 66474, and application approval is outlined PAMC Sections 21.12.010 and 21.13.020. Tentative maps require PTC and Council review. The PTC reviews whether the amended subdivision is consistent with the Subdivision Map Act (in particular, Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the PAMC and State Law. The PTC’s recommendation is forwarded to the City Council for final approval. The Council decision is final.
Prior City Reviews & Action
The proposed subdivision map was reviewed and unanimously recommended for approval by the PTC on August 27, 2025, with minor modifications that were incorporated into the Record of Land Use Action.4 Additionally, the proposed site improvements associated with the map were approved by City Council on April 14, 2025.5
ANALYSIS
The proposed project and relevant discussion and findings herein reflect the Tentative Map.
The City Council previously approved the proposed site improvements associated with this condominium subdivision.
Neighborhood Setting and Character
This property consists of two parcels located within the Town and County Village Shopping Center (Town & Country), but that are not owned or leased by Town & Country. The sites were 3 Ordinance 5645 and Record of Land Use Action 2025-03 is available online at:
https://portal.laserfiche.com/Portal/DocView.aspx?id=183879&repo=r-704298fc 4 Planning and Transportation Commission Staff Report, August 27, 2025, Item 2:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=16575 5 City Council Staff Report, April 14, 2025, Item 12:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=16036 Item 5
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previously leased by Ellis Partners, the owner of Town & Country, and provided parking for that site. Adjacent zoning and uses include Town & Country and its associated parking areas to the south, east, and west. The portion of Town & Country adjacent to the site is mostly developed with one-story structures, though the building height increases to two stories towards the eastern side of the building. To the north, across Encina Avenue, are CS zoned office buildings and further down the street is the LifeMoves Opportunity Center. The offices are one- and two- story buildings. The Opportunity Center is five stories.
Consistency with the Comprehensive Plan, Area Plans, and Guidelines9 The proposed Tentative Map is consistent with the Comprehensive Plan. The site is designated as the “Regional/Community Commercial” land use designation, which allows for multi-family residential uses. The site is also identified as a Housing Inventory Site in the Housing Element; therefore, development of the site with multi-family residential use is appropriate and consistent with the Housing Element, as discussed further below. The map facilitates the redevelopment of a parcel within the City’s urban service area which is consistent Policy L-1.2 of the Comprehensive Plan. The associated development to be constructed on the lot would add new residential units that contribute to the housing inventory including two affordable housing units, consistent with Goal 2 of the Housing Element, which states “assist in the provision of safe, attainable, and sustainable housing, especially affordable housing, to meet the needs of all economic segments of the community.” Consistencies with other Comprehensive Plan policies are included in Attachment B.
Housing Element
70 Encina Avenue is a Housing Inventory Site (HIS) in the City’s adopted Housing Element. This parcel has a projected capacity of five units where five units is effectively proposed, as it is one half of the total site. The proposed 10 units exceeds the anticipated capacity and therefore contributes more than what was planned toward the City’s Regional Housing Needs Allocation.
Zoning Compliance10
The site is zoned PC-5654 (Planned Community, Ordinance 5654) and is zoned specifically for the proposed project. The size of the project site would not change and is consistent with code requirements for the zoning district, which has no minimum lot size requirements. The proposed density is also the same as approved for the PC zoning. Therefore, staff finds that the proposed Tentative Map complies with the code requirements.
Consistency with Application Findings
As detailed in Attachment B, this project meets all required findings for a Tentative Map and facilitates development of a housing development project that is consistent with the City’s regulations, goals, and policies.
9 The Palo Alto Comprehensive Plan is available online: bit.ly/PACompPlan2030 10 The Palo Alto Zoning Code is available online: bit.ly/PAZoningCode Item 5
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FISCAL/RESOURCE IMPACT
The developer would be required to pay all applicable development impact fees estimated to total $764,578.5 for the proposed improvements, plus the applicable public art fees, as documented in Condition of Approval #6 in Attachment B and detailed further in Condition of Approval #16 in Record of Land Use Action 2025-03.
STAKEHOLDER ENGAGEMENT
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on September 19, 2025, which is 10 days in advance of the meeting. Postcard mailing occurred on September 17, 2025, which is 12 days in advance of the meeting.
Public Comments
As of the writing of this report, no project-related, written public comments were received related to the Tentative Map. Three members of the public spoke at the PTC meeting, including identifying a minor discrepancy in the draft RLUA that was incorporated into the corrections recommended in the PTC motion.
Additionally, Ellis Partners provided numerous comments on the Planned Community Rezoning application, particularly related to the relationship of the project in the context of the shopping center. Council considered those comments in making a determination on approval of the proposed development application.
ENVIRONMENTAL REVIEW
The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the proposed Tentative Map is exempt from CEQA in accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency). A link to the exemption documentation is available in Attachment D.
ATTACHMENTS
Attachment A: Location Map
Attachment B: Draft Record of Land Use Action
Attachment C: Project Plans and Environmental Analysis
APPROVED BY:
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ACTION NO. 2025-XX
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 70 ENCINA AVENUE: TENTATIVE MAP, 25PLN-00034
At its meeting on September 29, 2025, the City Council of the City of Palo Alto (“City Council”) approved the Vesting Tentative Map to merge two existing lots for the development of a one-lot subdivision to create 10 residential condominium units, making the following findings, determinations and declarations:
SECTION 1. Background.
A. On February 11, 2025, Sandis, on behalf of Town & Country Development Company, LLC, applied for a Tentative Map for the development of a one (1) parcel, 10-unit condominium subdivision at 70 Encina Avenue (“The Project”).
The project site is comprised of two existing lots: APN No. 120-34-006, approximately 6,059.5 square feet, contains a vacant surface parking lot. APN No. 120-34-007, approximately 6,059.5 square feet, contains a vacant surface parking lot. Uses abutting the site include a one-story shopping center (Town and Country Shopping Center). Across Encina Avenue are one-to-three story office buildings, and the five-story LifeMoves Opportunity Center.
B. Following staff review, the Planning and Transportation Commission reviewed the project and recommended approval on August 27, 2025, subject to conditions of approval.
C. Hayes Group Architects, on behalf of Town & Country Development Company, LLC, also submitted a related Planned Community/Planned Home Zoning application, which the City Council approved on April 14, 2025 pursuant to the City’s Planned Community Rezoning Process, to permit a 10-unit multi-family building, two of which would be provided at a rate affordable to low income tenants (50-80% AMI).
D. On September 29, 2025 the City Council held a duly noticed public hearing, at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council’s policies and procedures.
SECTION 2. Environmental Review. The City, as the lead agency for the Project, has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guideline section 15183, which provides an exemption for projects deemed consistent with the Comprehensive Plan. Documentation to support the exemption is available as part of the public record on file with the Planning and Development Services Division.
SECTION 3. Tentative Map Findings. A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474). The City Council cannot make these findings for the following reasons:
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1.That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451:
The site is consistent with the Comprehensive Plan as described below. There is no adopted specific plan for this project site.
2.That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans:
There is no adopted specific plan for this project site. The proposed tentative map and related improvements is consistent with the Comprehensive Plan in that it facilitates housing development on a site designated for multi-family use within the urban services area, consistent with Goal 2 of the Housing Element and Goal L1.2 of the Land Use Element. The project does not replace existing housing. The project includes two units that will be offered at a rate affordable to low income, 80% AMI. The project improves the city’s jobs housing imbalance consistent with the Transportation Element’s goals and policies.
3. That the site is not physically suitable for the type of development:
The Project site is suitable for multi-family residential development in that it’s identified as a Housing Inventory Site in the Housing Element. The existing parcel meets the minimum code requirements for the CC zone district with respect to lot area, width and depth. The parcel would not change with approval of this condominium subdivision. The proposed number of condominium units complies with the applicable densities set forth in the land use element and zoning code.
4.That the site is not physically suitable for the proposed density of development:
The project would create a total of 10 multi-family residential units, which is 27.8 dwelling units (DU) per acre for the site. This density is allowed as a part of the Planned Community rezoning entitlement. Therefore, it is physically suitable.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat:
The project is located within the built environment that does not contain quality habitat for fish or other wildlife on the site or within the vicinity of the site. There are no streams within 1,000 feet of the project site. The adopted Palo Alto 2030 Comprehensive Plan includes Map N-1, which identified sensitive animal and plant species within the Palo Alto quadrangle, a large geographic area that includes the urban portions along the bay and within the foothills, based on information in the California natural Diversity Database (CNDDB). Based on this map, and the urban nature of the site, the subject property does not contain any habitat for endangered, rare, or threatened species and has not historically supported any of these species.
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6. That the design of the subdivision or type of improvements is likely to cause serious public health problems:
The subdivision of this parcel and associated improvements would not have the potential to result in serious health problems. The proposed multi-family use would not include use or storage of hazardous materials and the use is located within the urban environment adjacent to other residential uses. The site is not located on a hazardous waste site pursuant to government code 65962.5.
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
There are no public access easements over the property currently. Therefore, the design of the subdivision will not conflict with any public easements for access through, or use of, the property. New public utility easements will be provided to existing and proposed electrical utilities as part of this subdivision map as required in accordance with City of Palo Alto Utilities standards. New public access easements will be provided to provide access to the new units.
SECTION 4. Tentative Map Approval Granted. Tentative Map Approval is filed and processed in accordance to PAMC Section 21.13.020 and granted by the City Council under PAMC Sections
21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 6 of this Record of Land Use Action.
SECTION 5. Final Map. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Tentative Map prepared by Sandis titled “70 ENCINA AVENUE TENTATIVE MAP” consisting of 1 page, dated and submitted September 11, 2025, except as modified to incorporate the conditions of approval in Section 6. A copy of the Vesting Tentative Map is on file in the Department of Planning and Development Services, Current Planning Division. Prior to the expiration of the Tentative Map approval, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21 and submitted to the City Engineer (PAMC Section 21.16.010[a]).
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SECTION 6. Conditions of Approval.
Planning
1. PROJECT PLANS. The Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Tentative Map titled “70 ENCINA AVENUE TENTATIVE MAP FOR CONDOMINIUM PURPOSES”, prepared by Sandis and submitted September 11, 2025, except as modified to incorporate the conditions of this approval.
2. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services.
3. FINAL MAP SUBMITTAL: The Final Map submittal shall incorporate the following changes:
a. Submit a filled out and signed Subdividers’ Statement.
4. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto’s Municipal Code provides that all condominium and other “community housing projects” shall submit Covenants, Conditions and Restrictions (CC&R’s) to the City Attorney for approval before issuance of the Final Map. The City Attorney has developed the following standard covenants which shall be included in all CC&R’s.
a. PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property, including all common areas, private streets and, parks within the property, shall at all times comply with the City’s Zoning Code and shall not be used for any purpose other than as permitted in the City Zoning Code. b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other improvements to the property shall comply with all applicable City Codes. c. MAINTENANACE AND LANDSCAPING OF COMMON AREAS. The Association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood. (See PAMC Section 16.38.030(a)).
d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The association may terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the community housing project or any time thereafter. (See PAMC Section 16.38.030(b).) e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, Item 5
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customers, or contractors shall alter or modify any storm water facilities in any way including but not limited to placing, maintaining, constructing, or planting any improvements, landscaping or other items, including without limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on any storm water facilities.
f. TRASH DISPOSAL AND RECYCLING AREAS SHALL COMPLY WITH CITY ORDINANCES. All trash disposal and recycling areas shall be kept in a clean and sanitary condition and shall comply with all applicable City Ordinances. g. PROHIBITION AGAINST AIR AND WATER POLLUTION. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall use the property in any way which emits pollution into the atmosphere in excess of environmental standards set forth by City, State, and Federal laws, ordinances, and regulations. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall discharge garbage, trash, waste, or any other substance or materials of any kind into any private or public sewer or waterway on the property in violation of any regulations of any private or public body having jurisdiction over such matters. h. AMENDMENTS TO ORGANIZATION DOCUMENTS REQUIRE CITY APPROVAL.
Any amendments or modifications to the organizational documents shall be submitted to the city attorney for approval. No amendment or modification to the organizational documents shall be effective without prior written consent of the city attorney.
i. CITY’S RIGHT TO ENFORCE COVENANTS AND RESTRICTIONS. The City is hereby granted the right, but in no event the duty, to enforce the covenants and restrictions set forth in this section of the organizational documents. The association shall recognize that it has the primary responsibility for enforcement of the organizational documents and unequivocally guarantees to institute and expeditiously prosecute any required legal action to obtain compliance with all provisions set forth in the organizational documents. j. NO WAIVER OF CITY’S RIGHTS. No failure of the City to enforce any of the covenants or restrictions contained in the organizational documents will in any event render them ineffective.
k. CITY’S REMEDIES TO CURE A BREACH OR VIOLATION. Remedies available to the City to cure any breach or violation of the organizational documents shall be cumulative to any other provisions of law. The City’s failure to exercise any remedy provided for in the organizational documents shall not, under any circumstances, be construed as a waiver of the remedy.
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l. SEVERABILITY. Invalidation of any one of the City’s required covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
4. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all applicable development impact fees associated with the proposed development and subdivision prior to issuance of the building permit(s), as detailed in the PHZ Approval, RLUA 2025-03.
5. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
Public Works Engineering
6. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering- Services/Forms-and-Permits
7. SUBDIVISION IMPROVEMENT AGREEMENT: The applicant shall execute a Subdivision Improvement Agreement and provide improvement securities (Bonds) for all proposed public improvements. THE AGREEMENT SHALL BE EXECUTED PRIOR TO MAP
RECORDATION OR ISSUANCE OF ANY PERMITS FOR CONSTRUCTION, ONSITE AND OFFSITE. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off-site public improvements which will be reviewed to determine the security amount.
8. FINAL MAP: This project is subject to, and contingent upon the approval and recordation of a Final Map. The submittal, approval and recordation of the Map shall be in accordance with the provisions of the California Subdivision Map Act and Palo Alto Municipal Code Title 21 Subdivision requirements. All existing and proposed property lines, easements, dedications shown on the map are subject to the City’s technical review and approval prior to issuance of any construction permits.
9. MAP THIRD-PARTY REVIEW: The City contracts with a third-party surveyor that will review and provide approval of the map’s technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Item 5
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Scope & Fee Letter from the third-party surveyor and the applicant will be responsible for payment of the fee’s indicated therein, which is based on the complexity of the map.
SECTION 7. Term of Approval. Tentative Map. All conditions of approval of the Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]). Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Tentative Map approval, the Tentative Map shall expire and all proceedings shall terminate.
An extension of time may be granted by the city council after recommendation of the planning commission, upon the written application of the subdivider, with an extension request submitted prior to the expiration of the Tentative Map approval, or any previous extension granted. Such extension(s) shall be subject to the maximum limitations set forth in the Subdivision Map Act.
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INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
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ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ ___________________________ Assistant City Attorney City Manager
___________________________
Director of Planning and
Development Services
PLANS AND DRAWINGS REFERENCED:
Those plans prepared by Sandis titled prepared by Sandis titled “70 ENCINA AVENUE TENTATIVE MAP” consisting of 1 page, dated and submitted September 11, 2025.
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If you need assistance reviewing the above documents, please contact the Project Planner or call the Planner-on-Duty at 650-617-3117 or email [email protected]
Project Plans
In order to reduce paper consumption, a limited number of hard copy project plans are provided to commissioners for their review. The same plans are available to the public, at all hours of the day, via the following online resources.
Directions to review Project plans and environmental documents online:
1. Go to: bit.ly/PApendingprojects
2. Scroll down to find “70 Encina” and click the address link
3. On this project-specific webpage you will find a link to the project plans and other important information
Direct Link to Project Webpage:
https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Current- Planning/Projects/70-Encina-Ave
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: September 29, 2025
Report #:2508-5064
TITLE
Approval of FY 2026 Architectural Review Board, Historic Resources Board, Planning and Transportation Commission, and Utilities Advisory Commission Work Plans; CEQA status – not a project
RECOMMENDATION
The Architectural Review Board, Historic Resources Board, Planning and Transportation Commission, and Utilities Advisory Commission recommend approval of their respective Fiscal Year 2026 Work Plans.
BACKGROUND
On November 30, 2020, the City Council adopted the Boards, Commissions and Committees (BCC) Handbook1, which implemented an annual review and approval of BCC work plans. Each BCC is required to prepare an annual work plan for Council’s review and approval. The annual report should include the results of the prior year’s work plan and should consist of up to three priorities.
When applicable, the City Council would like to see metrics of community involvement and participation in meetings and activities included in the work plan.
Council may refer additional items to the BCC in response to new developments. If the BCC would like to add an issue for review after an annual work plan has been approved, a prompt request by the BCC Chair to the City Council is required and the item will then be addressed by the City Council as a whole.
At its December 2, 2024 meeting2, the City Council approved dividing BCC recruitments and work plan approvals into fall and spring cycles. Per the adopted schedule, work plans for the 1 Boards, Commissions, Committees Handbook: https://www.paloalto.gov/files/assets/public/v/4/city-clerk/board- and-commission-handbook.pdf
2 City Council, December 2, 2024; Agenda Item #14; SR # 2409-3480 https://portal.laserfiche.com/Portal/DocView.aspx?id=112709&repo=r-704298fc&searchid=22a967c7-0889-4b81- bbd2-d030b3f8cfe0
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Architectural Review Board, Historic Resources Board, Planning and Transportation Commission, and Utilities Advisory Commission are before the City Council for consideration. City Council will consider work plans for the remaining BCCs (Human Relations Commission, Public Art Commission, Parks and Recreation Commission, and Storm Water Management Oversight Committee) in the spring.
FISCAL/RESOURCE IMPACT
Projects included in commission work plans ultimately require staff time and other City resources to complete. When possible, staff provide input to the commissions during work plan development to ensure the impact on staff time and resources is reasonable given staff workload and other competing priorities.
STAKEHOLDER ENGAGEMENT
Commission work plans are discussed publicly either at regular BCC meetings or retreats.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because this is a continuing administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: 2025-20256 Architectural Review Board Work Plan Attachment B: 2025-2026 Historic Resources Board Work Plan Attachment C: 2025-2026 Planning and Transportation Commission Work Plan Attachment D: 2025-2026 Utilities Advisory Commission Work Plan APPROVED BY:
Mahealani Ah Yun, City Clerk
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Architectural Review Board
2025-2026 Workplan
Staff Liaison: Steven Switzer, Historic Preservation Planner Lead Department: Current Planning, Planning and Development Services Division
About the Board
The Architectural Review Board is composed of five members , at least three of whom are architects, landscape architects, building designers or other design professionals . Terms are for three years . See Palo Alto Municipal Code (PAMC) Chapter 2.21. Residency is not required. For the ARB webpage go to bit.ly/paloaltoARB.
Boardmembers
• David Hirsch
• Kendra Rosenberg (Chair)
• Marton Jojarth
• Mousam Adcock
• Yingxi Chen (Vice Chair)
Mission Statement
The Architectural Review Board reviews and makes recommendations to the Planning Director on the building design, site planning, landscape planning, massing and facades, material selection, lighting, signage and other related issues for most ma jor new construction including additions and renovations that alter the exterior building face. The type of buildings reviewed include commercial, industrial, and multiple-family residential. In addition, the ARB is a resource as knowledgeable observers of many varied urban environments, to assist Palo Alto as it develops area plans to accommodate additional housing.
The ARB Scope of Review is fully noted in Title 18 of the Municipal Code, Chapter 18.76 under Section 18.76.020 as well as in Chapter 18.77 under Section 18.77.073.
Prior Year
Accomplishments
• See attached summary for more information.
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PROJECT/GOAL 1:
Review Planning applications for conformance with ARB Findings and Objective Standards
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
This is the Board's main mission and serves to
ensure the City develops high quality projects
On-Going Planning staff prepare staff reports,
packets and presentations. They ensure
paper plan sets and material boards are
ready for ARB review. Other
departments, such as, City Attorney,
Urban Forestry, Transportation, etc., may
be required from time to time.
Consultants, including CEQA
consultants, may also be required.
Issuance of recommendations on
projects and high-quality architecture
throughout the City.
Yes
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
N/A
PROJECT/GOAL 2: Provide feedback to staff and Council on the creation of new guidelines, ordinances, and/or streetscapes, as directed by Council
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
The ARB has unique feedback to provide as a
stakeholder as they have interest in approving
the aesthetic environment of the City while
also understanding constraints that
architects/developers may come across when
implementing standards being considered
Anticipated to return to the Board
in spring/summer 2025
Staff time. Council Approval Yes
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
• Housing generation and feasibility.
• Innovative housing structures (e.g., micro-units, intergenerational housing, aging adults, students and lower-income units, etc.) consistent with Housing Element Program 6.5.
• Review and recommend aesthetic standards for Wireless Communication Facilities (WCFs) as part of an ongoing WCF Ordinance update.
Yes
PROJECT/GOAL 3: Assist the City as it considers modifications to Objective Standards; Provide feedback based on research from projects as they go through the objective standards ministerial processes. Suggest ways to better address different housing typology.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
Streamline the objective standard review
process and ensure that projects using the
streamlined review process/objective
standards conform to the City’s
Comprehensive Plan, Goals and Policies,
including its high-quality design standards
Provide high level modifications
to objective standards to Council
by the end of FY 2026; If
directed by Council, work with
staff to propose specific code
language for Council adopted by
the end of FY 2026
Additional staff at Planning so that the
quality and completeness of the work is
maintained.
Council Approval No
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PROJECT/GOAL 3: Assist the City as it considers modifications to Objective Standards; Provide feedback based on research from projects as they go through the objective standards ministerial processes. Suggest ways to better address different housing typology.
HIGH
PRIORITY
LOWER
PRIORITY
COUNCIL-DIRECTED
POLICY UPDATE
• Modifications to South of Forest Area Coordinated Area Plan (SOFA) subjective development standards with objective standards consistent with Housing Element Program 3.7.
• Modifications to address objective standards (18.24) based on review of several projects using the standards at Council’s direction.
Yes
PROJECT/GOAL 4: Discuss specific Coordinated Area Plans/ streetscape improvements and provide comments that the ARB would recommend exploring/implementing.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW /
COUNCIL-APPROVED
This project would enhance implementation of the
City's Comprehensive Plan.
On-going Planning staff to help research policies
and programs; coordination with long
range planning section staff.
Increased adherence to
Comprehensive Plan policies
Yes
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
• San Antonio Road Area Plan
• Downtown Housing Plan
• California Avenue streetscape improvements
• University Avenue streetscape improvements
Yes
PROJECT/GOAL 5: Improve Coordination between the Architectural Review Board and other boards, commissions, and Council.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL LAW / COUNCIL-APPROVED
Improved coordination between
boards/commissions and council to get
feedback from colleagues on other boards.
Provide more coordinated feedback from the
City for developers.
On-going Staff time. • Have staff continue to provide
updates in the pending projects
attachment on development
proposals.
• The ARB can appoint a
representative to attend Council
and PTC and to provide feedback
on reviewed projects.
No
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
No
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ARCHITECTURAL REVIEW BOARD ANNUAL REPORT
PRIOR YEAR ACCOMPLISHMENTS AND ARB RECOMMENDATIONS FOR FISCAL YEAR 2025
ITEMS OF NOTE
• The ARB reviewed roughly 100 projects for the 2025 Design Awards and selected six winners to recognize their contributions to Palo Alto. • The ARB provided a comprehensive review and made recommendations on updates to the objective standards to better address townhome style designs and modifications to SB 9 objective standards. This work was consistent with Goal 2 of the 24/25 Work Plan. • The ARB provided valuable feedback to assist Council with respect to Car Free Streets Implementation Plan, specifically for California Avenue Signage. Although not explicitly identified in the work plan, this work was consistent with Goal 3 of the 24/25 Work Plan. • The ARB provided valuable feedback to assist Council with respect to the Lighting and Bird Safe Glazing Ordinances, Parklet designs, El Camino Real Focus Area, and Housing Incentive Program (HIP) consistent with Goal 4 of the 24/25 Work Plan. • The ARB reviewed around 20 projects, including multi-family housing with below-market units, mixed-use developments, master sign programs, and retail modifications at Stanford Shopping Center, aligning with Goal 1 of the 24/25 Work Plan.
APPLICATION REVIEW
The ARB prides itself on its collaborative review process, where board member’s diverse perspectives enhance proposed projects and improve Palo Alto's built environment. Our oversight has made a significant impact, as shown in the renderings section of this report, comparing initial proposals to final designs.
ADDRESS/PROJECT DESCRIPTION
4075 El Camino Way Assisted Living
Lighting Standards (PAMC 18.40.250) Ordinance
Bird Friendly Design (PAMC 18.40.250) Ordinance
525 University Avenue Master Sign Program
530 Lytton Avenue Master Sign Program
180 El Camino Real The Melt Façade
3000 El Camino Real Office Conversion
4335-4345 El Camino Real Housing (with inclusionary units) Housing Incentive Program (HIP) Ordinance
3150 El Camino Real Housing (with inclusionary units)
70 Encina Ave Housing (with inclusionary units) -Townhomes 3265 El Camino Real Affordable Housing
824 San Antonio Mixed Use (Retail and Assisted Living) 3950 Fabian Way Private Middle School
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ADDRESS/PROJECT DESCRIPTION
660 University Avenue Mixed Use (Office with Housing)
El Camino Real Focus Area Ordinance
Architecture Review Board Awards Award Program (Occurs every 5 years) 640 Waverley Street Mixed Use (Office with Housing)
164 Hamilton Avenue Façade
180 El Camino Real Delarosa Façade
California Ave Signage Car Free Street improvements
City Parking Garages Signage Exceptions
180 El Camino Real Cedar & Sage Façade
340 Portage Avenue Master Sign Program
Additionally, several projects were submitted for preliminary review to gather early feedback from the ARB. This early input helped incorporate key programming and design changes, streamlining the formal application process. These projects including 540 University Avenue and 640 Waverley Street.
ARB RECOMMENDATIONS TO COUNCIL
Palo Alto Municipal Code (PAMC) Section 2.21.030 directs the Architectural Review Board to report annually our “concerns… with respect to the city’s plans, policies, ordinances and procedures as these affect the projects which the board reviews.” Our reviews are site specific, focusing on individual development proposals rather than broad policies. However, we evaluate each project in its physical and regulatory context—considering its impact on the neighborhood and its alignment with City policies, from the Comprehensive Plan to the various design guidelines. Because the ARB looks at many projects each year, and its board members have years of experience in Palo Alto, patterns emerge and specific areas of concern have been identified.
Our comments this year are centered around the increasing importance of housing projects to the city.
1. Objective Design Standard Refinements. In our continuing response to recently enacted state legislation, Palo Alto previously adopted objective design review standards for housing projects, effectively eliminating architectural review on residential and mixed-use projects where objective standards can be met in order to streamline review of those applications.
Several residential projects over the past years were townhouse type developments (3200 Park Boulevard, 739 Sutter Avenue, 420 Acacia, and 70 Encina). In our review, it was noted that some of the current standards focused more on larger multi-family buildings. Therefore, some aspects of townhouse style design were not fully addressed/accommodated for in the standards. Through an Ad Hoc committee we studied many local townhouse developments and have provided the planning department with recommendations to modify the Objective Design Standards to address townhome designs as well as larger multi-family designs.
The ARB recommends that refinements be made to the objective standards based on implementation of the standards for a series of projects as well as with the recommendations from the ARB regarding modifications for townhome designs.
2. Coordinated Area Plans to Encourage Housing Development and Better Planning. • San Antonio Avenue: The San Antonio Avenue area is experiencing increasing residential development but our zoning regulations for the area are outdated and focused on commercial development, resulting in applicant uncertainty and long entitlement processes. The existing Item 6
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one-story light industrial and commercial buildings will be substantially replaced in the coming decade. A coordinated area plan will allow us to consider larger issues such as transportation, neighborhood parks, city services, pedestrian/bicycle pathways, and integration with nearby developments in Mountain View as this area transforms.
• Downtown Housing Plan: To increase housing, the downtown area needs revised standards to accommodate redevelopment of parking lots as to encourage housing additions while maintaining the vibrancy of the downtown area and its pedestrian friendly streetscape. • California Avenue: With State requirements as outlined in AB 2097 and Builder’s Remedy, the California Avenue area will experience more development then in the past. This area should have a coordinated area plan to better scope future development.
3. City Council/Planning Commission Communication. The Architecture Review Board has very little formal interaction with the City Council, the Planning Commission and the Historic Resources Board. Board members are forced to act on individual initiative to gain input from council members and other commissioners. Joint meetings with full boards are rarely productive; yet uncoordinated serial meetings leave commissioners unaware of feedback from colleagues on other boards. Applicants often feel that they are ‘running a gauntlet’ of approvals rather than facing a coordinated review.
• Have staff continue to provide updates in the pending projects attachment on development proposals. • Take direct feedback from the ARB on reviewed projects up for Council approval where Council approval is required. The ARB can appoint a member to represent the board directly to the Council.
• Request staff to schedule joint preliminary discussions between the ARB, PTC and HRB chairs/vice-chairs on projects of common interest.
These ‘preliminary meetings’ would not be to review specifics of a project; rather they would serve to coordinate the review process between boards and planning staff.
• Appoint HRB, PTC and Council liaisons to the ARB to facilitate open communication between boards and commissions and city council. ARB liaisons will provide a clear channel for passing information between reviewing bodies, enabling all board and commission and council members, as well as the general public, direct access to relevant information on a project-by-project basis.
RENDERINGS
Below are renderings of approved projects, showcasing the evolution from their initial proposal to designs with the incorporated ARB feedback. A summary of key design modifications made based on ARB feedback is also provided.
70 ENCINA AVE
Initial Proposal: Final Design:
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70 ENCINA AVE
Incorporated Feedback:
• Encouraged more usable landscaped area.
• Encouraged the design to better address privacy between units, including views from the public parking lot into the units. • Consideration of material choices and how the project would be visually compatible to the adjacent Town and Country.
640 WAVERLEY STEET
Initial Proposal: Final Design:
Incorporated Feedback:
• The ARB provided feedback to enhance an already well-designed project, resulting in improving its interface with the neighboring building at 636 Waverley Street through reduced concrete on the façade, a clearer and more efficient parking layout, and refined landscape planting with long- term maintenance details.
• The project provides a good mixed-use development, integrating office and retail spaces on the ground floor with residential units on the upper floors.
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3265 EL CAMINO REAL
Initial Proposal: Final Design:
Incorporated Feedback:
• The ARB encouraged for a window or decorative reveal and extended around to the back of the building and for the rooftop terrace to be more engaging.
• The ARB provided feedback on the internal programing and suggestions for the vehicles utilizing the stacking stalls. • The applicant incorporated feedback and also added an additional floor to the development to increase density.
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4335-4345 El Camino Real
Initial Proposal: Final Design:
Incorporated Feedback:
• The initial roof forms were complex and recommended to be reevaluated, while still maintaining separate roofs for each unit. This involved the removal of the third story balconies and fake roof dormers for a more simplified rooftop. • The ARB encouraged accenting the doors for more variation, but overall approved the color scheme with its subtle differences in color.
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824 San Antonio Rd
Initial Proposal: Final Design:
• Refined material and color selections to ensure better contrast. Simplify the front façade by reducing the visual segments from three to two. • The ARB encouraged the drop-off area to be redesigned in a way that did not impede the front entrance and more simplified balcony designs in relation to their usage by residents.
3950 Fabian Way
Initial Proposal: Final Design:
• Relocated bicycle parking to the front of the building for better site circulation and adding additional skylights to provide more light into the interior of the building.
• The project utilized an existing office building with a new gymnasium addition and interior improvements to accommodate a private middle school.
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ARB AWARDS
Beginning in 1998, the awards program has been held every five years to honor the creative and responsive designs that help shape Palo Alto’s unique visual character. By recognizing these outstanding architectural contributions, the program celebrates the efforts of architects and designers who enrich the community and foster a healthy, vibrant environment. From a pool of approximately 100 reviewed projects, the following six were selected:
620 Emerson Street | Nobu 180 El Camino Real | Sushi Roku
588 Webster Street | Arbora Apartments 3705 El Camino Real | Wilton Court Apartments
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1700 Embarcadero Road | Mercedes Benz Dealership 3215 Porter Drive | The Hub at Stanford Research Park
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Prior Year
Accomplishments
The HRB recommended that a total of 21 new properties be designated on the Palo Alto Historic Inventory, and that five (5) existing properties on the local inventory to be upgraded in their category listing. These additions were the result of the 2023 Reconnaissance Survey efforts and represented the continued implementation of Palo Alto’s Comprehensive Plan Policy (L7.2).
The HRB reviewed five (5) development proposals on historic properties, recommended naming for the Fred Eyerly Tower Well Park, reviewed updated public education materials on the City’s website, and established a local Historic Preservation Award program that will be held in 2026.
The HRB reviewed the Certified Local Government Program (CLG) annual report to maintain the City’s CLG status, held since 1992. Continued participation in the CLG program supports local historic preservation efforts by providing added credibility, access to resources, and increased opportunities for funding.
Historic Resources Board
Staff Liaison: Steven Switzer, Historic Preservation Planner Lead Department: Planning and Development Services
About the Commission
The City is a Certified Local Government (CLG) responsible for historic preservation - to identify, evaluate, register, and preserve historic properties within its jurisdictions and promote the integration of local preservation interests and concerns into local planning and decision-making processes. Staff prepares an annual report of the activities of the Certified Local Government each spring for the prior year and submits these to the State Office of Historic Preservation. This HRB Work Plan covers July 2025 - July 2026. The HRB consists of five members with terms for 3 years and are staggered per PAMC Section 2.27.020. For more information please visit https://www.cityofpaloalto.org/City-Hall/Boards-Commissions/Historic-Resources-Board. The Department webpages are a wealth of information, go to:
https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Historic-Preservation 2025-2026 Workplan
Mission Statement
Per Palo Alto Municipal Code Chapter 2.27 Historic Resources Board, Section 2.27.040 Duties, HRB purview is:
(a) Render advice and guidance to a property owner upon the owner's application for alteration of any historic single-family or duplex building in the downtown area and any such building designated as significant elsewhere in the city (b) Inform the ARB of the historical and/or architectural significance of historic commercial and multiple-family structures in the downtown area and any such buildings designated as significant elsewhere in the City that are under review by the ARB. Submit recommendations to the ARB regarding proposed exterior alterations of such historic structures
(c) Recommend to the Council the designation of additional buildings and districts as historic. Research available information and add historical information to the inventory sheets of historic structures/sites. This inventory is maintained in the department of planning and development services. (d) Perform such other functions as may be delegated from time to time to the HRB by the City Council.
Current Commissioners Alisa Eagleston-Cieslewicz (Chair), Samantha Rohman (Vice Chair), Christian Pease, Caroline Willis, and Geddes Ulinskas Item 6
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TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Subject to Council direction, to begin in the
second quarter
City Council direction and accommodation
in the PDS department workplan would be
needed. HRB subcommittee and staff of
planning and city attorney departments to
prepare draft amendments for Council
review and adoption
Well-written ordinance language that
assists the public's understanding and
calms the fears of property owners
about governmental overreach
Council may provide
direction to modify
PAMC 16.49; CLG
cities maintain historic
preservation
ordinances.
COUNCIL-DIRECTED
POLICY UPDATE
Council may provide
direction to modify
PAMC 16.49; CLG
cities maintain historic
preservation
ordinances
2025-2026 Workplan
The benefits are providing clarification of the
HRB's role for the public
Historic Resources Board
PROJECT/GOAL 1:
BENEFICIAL IMPACTS
Limited modification to PAMC 16.49, historic preservation, providing clarifications regarding the HRB’s role. The HRB could discuss language providing clarifications of its role with respect to three potential topics: (a) the nomination process, (b) the effect of HRB recommendations regarding exterior modifications to residential historic resources, and (c) category changes (upgrades, downgrades, removals) Staff Liaison: Steven Switzer, Historic Preservation Planner Lead Department: Planning and Development Services
PURPOSE STATEMENT:
The Board/Commission's goals and purposes (purview) are set in Palo Alto Municipal Code Chapter 2.27 Historic Resources Board, Section 2.27.040 Duties. These duties include reviewing alterations to historic resources and providing recommendations on nominations to the local historic resources inventory. The City's historic program includes the implementation of Comprehensive Plan policies on an ongoing basis including Policy L7.2 (preparation of historic evaluations to determine eligibility for the California Register of Historical Resources and associated tracking), Policy L7.1.1 (recommend eligible resources to the local inventory), and Policy L7.1.2: Reassess Historic Preservation Ordinance.
HIGH PRIORITY
Priority is high to enable greater understanding of the HRB's role and address property owners' concerns with respect to Goal items (a) and (b)
LOWER PRIORITY
Lower priority: Goal item (c) - listed historic resources placed on the City's inventory in the late 1970s and 1980s have not been reviewed to determine whether any modifications reduce critical aspects of integrity and drop or lower the properties' local historic resource category.
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TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
To begin in the first quarter and continue
throughout the duration of the 25/26 work
plan cycle
Staff of PDS would be tasked as well as an
HRB ad hoc committee to make progress.
Website contains links to information
resources and videos, to assist property
owners, staff, and others.
N/A
COUNCIL-DIRECTED
POLICY UPDATE
N/A
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
To begin in the first quarter and continue
throughout the duration of the 25/26 work
plan cycle
Staff of PDS would be tasked as well as an
HRB ad hoc committee to make progress.
Website contains links to updated
Inventory List, to assist property owners,
staff, and others.
No
COUNCIL-DIRECTED
POLICY UPDATE
No
PROJECT/GOAL 3: Prepare an updated Local Inventory Resource list that incorporates the recently designated properties from the 2023 Historic Reconnaissance Survey efforts, Category Upgrades, and removal of properties that have been demolished.
BENEFICIAL IMPACTS
The benefits would be to improve
preservation in Palo Alto and clarity for
owners of historic properties.
Item (a) a table of existing zoning code incentives and another table of historic building code provisions and Item (b) improvements to types of communications used to promote historic preservation.
PROJECT/GOAL 2:
BENEFICIAL IMPACTS
Education and Creating New User-Friendly Resources/Communication Regarding Historic Preservation. (a) find new ways to promote preservation, including use of the existing zoning code incentives and State historic building code (b) improve upon communication types to provide the community accessible information, including the use of videos (linked to the City’s and State’s webpages) to help property owners understand the local and State preservation incentives and codes, (c) continue to provide updates to the historic review process bulletin as needed to communicate CEQA requirements related to PAMC 16.49 and listed historic resources, and (d) enable the HRB staff liaison(s), the City’s historic preservation consultant, and Chief Building Official to implement training providing an ongoing opportunity for HRB members, staff, and the community to gain working knowledge as to the use of the State’s historic building code
HIGH PRIORITY LOWER PRIORITY
Items (c) and (d)
Providing the public with updated
information
HIGH PRIORITY LOWER PRIORITY
Properties that have been demolished remove from local inventory Properties that have lost integrity over time that may need a category change Item 6
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TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Goal 4 to begin during plan quarter 2 (item
a) and subject to Council direction,
continue through quarter 4 (April - June
2025, items b and c)
PDS staff and CAO staff. City Council
direction and accommodation in the PDS
department workplan would be needed.
More historic properties are preserved
for future enjoyment of the owners and
community, due to the additional
incentives.
Council may provide
direction to modify
PAMC title 18.
COUNCIL-DIRECTED
POLICY UPDATE
N/A
TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
To begin in the first quarter and continue
throughout the duration of the 25/26 work
plan cycle
Staff of PDS would be tasked as well as an
HRB ad hoc committee to make progress.
Establish historic preservation award
selection criteria and frequency of
awards by end of 25-26 Fiscal Year.
Comprehensive Plan
Policy L-7.6
COUNCIL-DIRECTED
POLICY UPDATE
No
BENEFICIAL IMPACTS
A HRB historical preservation award
program would express appreciation for the
efforts to preserve and protect Palo Alto’s
culturally, historically, and architecturally
significant places that create a vibrant and
sustainable community that fully reflects
Palo Alto’s diverse past.
HIGH PRIORITY LOWER PRIORITY
Item (a) discuss and determine the selection criteria for eligible projects and/or properties and establish award frequency, and Item (b) discuss and determine award frequency (e.g., annual, bi-annual, 5-year cycle, etc.) Items (c) and (d)
PROJECT/GOAL 5:
Establish a Historical Preservation Award Program. (a) discuss and determine the selection criteria for eligible projects and/or properties; (b) discuss and determine frequency of awards (e.g., annual, bi-annual, 5-year cycle, etc.); (c) select projects and/or properties to award; (d) conduct an award ceremony and present historic preservation awards.
BENEFICIAL IMPACTS
PROJECT/GOAL 4:
Additional preservation incentives (a) discuss and recommend additional zoning code incentives to continue the community engagement process that began with the 2023 reconnaissance survey/ inventory update; (b) represent the HRB’s interests during public hearings, or participate in joint meetings with the Planning and Transportation Commission and City Council, to review any proposed zoning code modifications incentivizing historic preservation incentives; (c) outreach to the community after adoption of any adopted new incentives.
Benefit will be for all property owners who do
not currently see any benefit to listing their
property on the City's historic inventory
HIGH PRIORITY LOWER PRIORITY
Item a is to gather ideas for new incentives in the zoning code to add to a table of existing incentives in the zoning code. Subject to Council direction, items b and c would follow item a.
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8 Planning and Transportation Commission (PTC)
2025-26 Work Plan Date Reviewed by PTC July 9, 2025
Staff Liaison: Jennifer Armer, Assistant Director, Planning and Development Services (PDS) Lead Department: Planning and Development Services (PDS); Office of Transportation (OOT)
About the Commission The seven-member Planning & Transportation Commission adopted its 2025-26 work plan on July 9, 2025. The members and chairs are listed below. Members serve 4-year terms. See Planning & Transportation Commission (PTC) webpage link: http://www.paloalto.gov/gov/boards/ptc/default.asp Current Commissioners • Allen Akin (Chair)
• Bryna Chang (Vice Chair)
• Todd James
• Bart Hechtman
• Kevin Ji
• Dr. Forest Olaf Peterson
• Cari Templeton
Mission Statement The Planning & Transportation Commission advises the City Council, Planning Director, and Chief Transportation Official on land use and transportation matters, including the Comprehensive Plan, zoning, transportation programs, and related matters. The Commission's primary responsibilities include:
• Preparing and making recommendations to the City Council on the City's Comprehensive Plan and applying the Comprehensive Plan to proposed development, public facilities, and transportation in Palo Alto; • Considering and making recommendations to the City Council on zoning map and zoning ordinance changes; any changes to Title 18 of the Palo Alto Municipal Code must be reviewed by the PTC and the City Council; • Reviewing and making recommendations to the City Council on subdivisions and Site and Design Reviews, on appeals on variances and use permits;
• Considering other policies and programs affecting development and land use in Palo Alto for final City Council action;
• Reviewing and making recommendations on individual projects as described in the Municipal Code, and Open Space development;
• Reviewing and making recommendations to the City Council on transportation, parking, and other related mobility issues; and
• Ensuring robust community engagement and dialogue regarding planning, land use, and transportation and providing recommendations to the City Council regarding these matters and incorporating the public discussion. The PTC hearings provide a forum for public comment and public interaction.
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8 Prior Year Work Plan On October 21, 2024, the City Council accepted the April 24, 2025 PTC recommended 2024-25 Work Plan:
https://www.paloalto.gov/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/planning-and- transportation-commission/ptc-2024-2025-work-plan.pdf
Prior Year
Accomplishments
During the period of the PTC 2024-25 Work Plan:
• The PTC's transportation efforts included study sessions and/or recommendations on: Shared Micromobility Program; Safe Streets for All (SS4A) Safety Action Plan; Bicycle and Pedestrian Transportation Plan Update; Crescent Park Traffic Calming; South Palo Alto Bike/Ped Connectivity; Parking Data Report; Car-Free Streets; VTA Speed and Reliability; and Palo Alto Link.
• The PTC's work on implementing the Comprehensive Plan, Housing Element, and Council Priorities included study sessions and/or recommendations on: Retail Code Amendments; Stream Corridor Protections; Bird Friendly Design Ordinance; Lighting Ordinance Update; Annual Review of Comprehensive Plan and Housing Element progress report; Code Amendment for Housing Element Implementation including amendments to the HIP/AHIP regulations; El Camino Real Focus Area; El Camino Real Retail Preservation Nodes Map; and ADU regulations.
• The PTC's work on development projects included review and recommendations on three Vesting Tentative Maps; a Planned Community (PC) amendment; and two Planned Home Zone (PHZ) applications.
PROJECT/GOAL 1: Retail Ordinance Updates: As part of adoption of an interim ordinance, Council has directed PTC to amend Zoning Code. This is a Council priority (objective ED 4): “Council consideration of an ordinance that expands retail opportunities and promotes retail resiliency. ”
Beneficial Impacts Timeline Resources Needed Measure Of Success State Mandated/ Local Law/ Council
Approved
Overall, this project aims to
ensure a strong climate for
retail businesses in Palo Alto
that can allow residents to
meet their daily needs and
have a high quality of life.
The PTC is likely to discuss
a retail ordinance in fall
2025, with consideration
of an ordinance by the end
of the year.
Consultant work, staff
oversight, and meetings
preparation, and participation
from the local retail
community.
Development of new
ordinances and/or broader
policy recommendations to
the City Council.
Yes – Council
assigned.
High Priority Lower Priority Council-Directed
Policy Update
Any shifts in retail trends that will endure, are occurring, and can benefit from further and refined action by the City.
While this is an impactful body of work, the need to get it right and coordinate with existing and new resources outweighs the need to quickly pursue the work.
Yes
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8 PROJECT/GOAL 2: Area Planning: This goal carries forward the prior year goal for neighborhood planning approaches and overall effectiveness of various approaches to neighborhood planning. The staff and PTC will consider new neighborhoods that result from the 6th cycle Housing Element sites and demand for public facilities/services. This goal includes continued work on both the Downtown Housing Plan and the San Antonio Road Area Plan.
Beneficial Impacts Timeline Resources Needed Measure Of Success State Mandated/ Local Law/ Council
Approved
Development policy
recommendations and
preferred alternatives for the
new area plans enable City
Council to provide direction to
guide the City's future
development.
By June 2026 Staff time to research and
prepare a staff report to PTC
and ARB. Consultant budgets
have already been allocated
Successful conversation and
recommendations of policies
and preferred alternatives to
City Council.
Yes – Council
assigned.
High Priority Lower Priority Council-Directed
Policy Update
Council directed work toward future area plans. N/A Yes
PROJECT/GOAL 3: Housing Program Implementation: The Housing Element was adopted by City Council on April 15, 2024, and certified by California Department of Housing and Community Development (HCD) on August 20, 2024. PTC will continue work on Housing Element implementation programs as scheduled within the Housing Element.
Beneficial Impacts Timeline Resources Needed Measure Of Success State Mandated/ Local Law/ Council
Approved
Complying with the
requirements of the adopted
Housing Element to encourage
housing development and
comply with State Law.
PTC and Council review of
a number of programs will
proceed over the work
plan year, as required by
the Housing Element.
Staff and consultant
resources employed.
Implementation of programs
by target dates.
Yes - State Mandated
High Priority Lower Priority Council-Directed
Policy Update
Program 3.9 (incentivizing multi-family as an alternative to commercial development) and Program 6.5 (supporting
innovative housing types).
SOFA objective standards Yes
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8 PROJECT/GOAL 4: State Law Implementation – Laws with Prior Effective Dates and any new 2025 Laws to Become Effective in 2026: The State adopts new laws every year, some like Assembly Bill (AB) 2097, required quick action through an interim ordinance during the last fiscal year, that will then require consideration and recommendation from PTC of a permanent ordinance, others like Senate Bill (SB) 9 will require modifications to maintain consistency with State law and Housing Element goals.
Beneficial Impacts Timeline Resources Needed Measure Of Success State Mandated/ Local Law/ Council
Approved
Provide clarity to property
owners and potential
developers.
Ordinance
Recommendation during
2025-26 work plan term.
Staff resources. Adoption of ordinance
amendments.
Yes - State
High Priority Lower Priority Council-Directed
Policy Update
Implementing State laws and discuss policy considerations N/A Possibly
PROJECT/GOAL 5: Parking Programs: The PTC will receive periodic updates regarding options for improving the City’s parking programs. This includes a Roadmap for Residential Parking Permit Program improvements and commercial parking improvements. Parking Data Portal - PTC will receive an update regarding parking availability data. The new license plate reader technology allows for regular collection and reporting of parking availability.
Beneficial Impacts Timeline Resources Needed Measure Of Success State Mandated/ Local Law/ Council
Approved
Improved parking operations. Ongoing. Ongoing. Feedback from PTC and continued engagement from
the public.
Yes
High Priority Lower Priority Council-Directed
Policy Update
The staff work behind the project continues; proposed
updates help advance the work. Additionally, the PTC
welcomes opportunities to engage w/the public on this
topic.
This project represents a large body of ongoing work to manage parking supply and parking policy.
Yes
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8 PROJECT/GOAL 6: Bicycle and Pedestrian Transportation Plan Update: A citywide evaluation of the bicycle network and pedestrian network. The plan will identify opportunities to enhance and connect the network.
Beneficial Impacts Timeline Resources Needed Measure Of Success State Mandated/ Local Law/ Council
Approved
Updated Bicycle and
Pedestrian Transportation Plan
and increase safe connectivity
across the City.
Public review draft plan
and discussion of South
Palo Alto bike/ped
connectivity in fall 2025.
Fully funded by a TDA3 grant Updated bike and ped plan No High Priority Lower Priority Council-Directed
Policy Update
N/A Update is timely, but not mandated by any State laws. No
PROJECT/GOAL 7: Comprehensive Plan Policy Implementation: This includes Streamside Corridor and Bird Friendly Design changes in Title 18 and other Comp Plan policies that lead to Title 18 revisions.
Beneficial Impacts Timeline Resources Needed Measure Of Success State Mandated/ Local Law/ Council
Approved
Comprehensive Plan policies
and programs to completion.
Revised stream corridor
ordinance at July 30, 2025
PTC. Others as directed by
Council.
Staff and consultant
assistance – particularly
when staff resources will be
focused on implementation of
the Housing Element.
Adopted ordinances to amend
Title 18.
No
High Priority Lower Priority Council-Directed
Policy Update
N/A N/A Yes – Comprehensive
Plan
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8 PROJECT/GOAL 8: Title 18 Updates: Considering and making recommendations to the City Council on any changes to Title 18 of the Palo Alto Municipal Code as directed by City Council, for example updates to the City’s Wireless Communications Facilities Ordinance.
Beneficial Impacts Timeline Resources Needed Measure Of Success State Mandated/ Local Law/ Council
Approved
Development of code
recommendations to support
City Council updates.
As directed by Council. Staff and consultant
resources would be identified
based on specific projects.
Wireless Ordinance update is
currently unsourced.
Adopted ordinances to amend
Title 18.
No
High Priority Lower Priority Council-Directed
Policy Update
N/A N/A Yes
PROJECT/GOAL 9: Project Review: The PTC will provide review as part of their regular ongoing responsibility for recommendations to City Council and staff on quasi-judicial development projects and transportation projects.
Beneficial Impacts Timeline Resources Needed Measure Of Success State Mandated/ Local Law/ Council
Approved
Public review of planning and
transportation projects.
Ongoing. Ongoing. Feedback from PTC and
continued engagement from
the public.
Yes
High Priority Lower Priority Council-Directed
Policy Update
N/A N/A Yes
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Utilities Advisory Commission
2025-2026 Workplan
Staff Liaison: Alan Kurotori, Utilities Director
Lead Department: Utilities
About the
Commission
The Utilities Advisory Commission (UAC) is charged with providing advice on long range planning and policy matters, acquisition, development, and financial review of electric, gas and water resources; joint action projects with other public or private entities which involve electric, gas or water resources; environmental implications of proposed electric , gas or water utility projects; and conservation and demand management. Additionally, the UAC is charged with providing advice on the acquisition, development and financial review of the dark fiber network and wastewater collection utilities. As a highly regulated industry, there may be matters not listed below that will be presented to the UAC in accordance with current or future (local, state, or federal) legislative requirements. .
The Commission is composed of seven (7) members.
Terms are for three ( 3) years and commence on the first meeting in April.
See Palo Alto Municipal Code (PAMC) Sections 2.23.010 (Membership), 2.23.030 (Term of Office), 2.23.040 (Officers), 2.23.050 (Purpose and Duties), and 2.23.060 (Meetings).
Current
Commissioners
• Greg Scharff (Chair)
• Meagan Mauter (Vice Chair)
• Rachael Croft
• Utsav Gupta
• Phil Metz
• Robert Phillips
• Chris Tucher
Mission Statement The purpose of the Utilities Advisory Commission shall be to advise the City Council on present and prospective long- range planning, policies, major program, and project matters relating to the electric, gas, water, wastewater collection, fiber optics utilities, and recycled water matters, excluding daily operations.
The Utilities Advisory Commission shall have the following duties:
• Advise the City Council on long-range planning and policy matters pertaining to:
o Joint action projects with other public or private entities which involve, affect or impact the utilities; o Environmental aspects and attributes of the utilities; o Water and energy conservation, energy efficiency, and demand side management; and o Recycled water matters not otherwise addressed in the preceding sub-paragraphs; • Review and make recommendations to the City Council on the consistency with adopted and approved plans, policies, and Item 6
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programs of any major utilities.
• Formulate and review legislative proposals regarding the utilities, to which the city is a party, in which the city has an interest, or by which the city may be affected.
• Review the utilities capital improvement programs, operating budgets and related reserves, rates, and the recycled water program, budget, rate, and thereafter forward any comments and recommendations to the finance committee or its successor.
• Provide advice upon such other matters as the City Council may from time to time assign.
The Utilities Advisory Commission shall not have the power or authority to cause the expenditure of city funds or to bind the city to any written, oral, or implied contract.
The Utilities Advisory Commission may, subject to its City Council-approved bylaws and at the discretion of the City Council, foster and facilitate engagement with the general public, not excluding representatives of commerce and industry, in regard to the utility matters referred to in subsections above.
Prior Year
Accomplishments
Advanced Heat Pump Water Heater (HPWH) Pilot Program:
• Over 500 customers have installed a heat pump water heater using the city’s rebate, full service, or emergency replacement program. The pace of installations is approximately 20% of annual water heater replacements in the city.
Advanced Meter Infrastructure (AMI)
• 21,492 gas meter installations completed.
• 18,035 water meter installations completed.
• 21,411 electric meter installations completed.
Renewable Energy Credit (REC) Exchange Program
• Approved by City Council on December 12, 2022 to continue the program and return to the UAC and Council in 2025 • Sold 161,900 Portfolio Content Category 1 (PCC1 or Bucket 1) RECs and purchased 160,000 PCC3 RECs (Bucket 3), yielding $10.86 million in net revenue for 2024.
Fiber-to-the-Premises (FTTP)
• Began coordinating electric grid modernization project with FTTP. • Identified and began addressing key challenges.
o Established pilot project to align grid modernization with FTTP. o CEQA initial study for FTTP.
Electric Grid Modernization (Grid Mod)
• An Electrification Study was performed by a consultant with the goal of identifying any electric system upgrades needed across the electric distribution system. The focus of the Study resulted in recommendations for upgrades to line transformers, feeder capacity, increasing the number of switches and connections on the system between feeders and substations, and upgrading substation equipment.
• Staff prepared plans and construction drawings for a pilot area selected within the Phase 1 boundary of the Grid Modernization (Grid Mod) project. Construction began in Q2 2024 for a 1200-home neighborhood area bounded by Embarcadero Road, Louis Road, Colorado Avenue, Greer Road, and West Bayshore Road.
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• The grid modernization activities will be coordinated with fiber to the premise (FTTP) construction. To capitalize on synergies between Grid Mod and FTTP, the city identified a pilot project boundary area to combine construction activities for both Grid Mod and FTTP. The city contracted with consultant Entrust for Grid Mod and construction began in Q3 of 2024. Construction is anticipated to be complete near the end of Q2 2025. As of January 9, 2025, 60 out of 74 identified electric utility poles have been replaced, 51 new transformers installed, and electric service to over 500 households in the pilot area upgraded and prepared for electrification. Engineering staff have started planning and design work for the remainder of the Phase 1 area and expect construction to be completed by Q4 of 2025.
Gas Main Replacement (GMR) Project #24B
• Successfully completed GMR Project #24B along University Ave between Webster Street and Fulton Street and on Middlefield Road between Hamilton Avenue and Lytton Avenue.
• Replaced approximately 20,000 linear feet of natural gas mains and services with polyethylene pipe.
Sewer System Replacement (SSR) Project #31
• Successfully completed SSR Project #31 along El Camino Real and Page Mill Road. • Replaced approximately 10,924 linear feet of sanitary sewer collection system pipe, mains, and replaced or rehabilitated 43 sewer manholes.
• The existing vitrified clay pipe (VCP) mains were replaced with high-density polyethylene pipe (HDPE). In addition, 89 existing city-owned sewer service laterals and cleanouts were replaced with new 4” and 6” HDPE service laterals and cleanouts.
Water Main Replacement (WMR) Project #29
• Successfully completed WMR Project #29 to replace asbestos cement and other aging pipelines with high density polyethylene mains in six different areas throughout the city.
• Installed approximately 8,000 linear feet of new water mains of various sizes, 124 new water services, 17 new fire hydrants, 22 isolation valves, and 101 water meters.
Lead Service Line Inventory
• Completed an inventory of the entire city service area to identify potential lead in water lines serving customers. No lead was identified.
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STANDING TOPIC 1
Annual Budget: Rate changes to Water, Gas, Electric, Wastewater Collection, Fiber Optic Services, Electric Time-of-Use Rates and review of credit card fees for utilities bill payment.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED /
LOCAL LAW / COUNCIL-
APPROVED
The community will have a better
understanding of the rates and why
they are being charged.
Rates are reviewed annually
and each rate change is
determined by the Cost-of-
Service Analysis (COSA)
reports. UAC review is in March,
Finance Committee review is in
April and City Council approval
is in June.
Staff time, legal review time,
Consultant time to create the
COSA report.
Council approval of budget. N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Rates are always a high priority. The change has an impact on the community and economy.
N/A N/A
STANDING TOPIC 2
Water Supply: Consider potential future sources of water supply and water quality. This includes recycled water, demand management programs, graywater, treatment efforts, use of effluent, and testing for contaminants.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED /
LOCAL LAW / COUNCIL-
APPROVED
The benefit to the community is to
have ample water source and
supply when needed in the event of
a drought or for basic uses
This is not a single effort or
project; however, a year-round
effort
Staff time, legal review time, and
consultant time for work products.
Council approval of water
supply plan(s).
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Having knowledge of where the city's water supply comes from and how we manage that supply is a maintained priority.
N/A N/A
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STANDING TOPIC 3
Electric System and Supply: Discuss and advise City Council regarding electric system and supply portfolio, including grid modernization, second transmission corridor, power portfolio, smart home technologies, distributed energy resources, competitiveness of the city for datacenters, and coordination with Palo Alto Planning Department to enable technological improvements.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Reliability for customers, health
benefits, and clean energy
responsible for the vast carbon
reduction the city has achieved
over the past decade
This is an ongoing regularly
monitored effort and does not
have a start or completion time
Approved budget, staff time,
legal review time, consultants as
needed, and technology
Release of RFP for more
renewable energy supply
options in the Integrated
Resource Plan (IRP). Have the
IRP near completion to
present to the UAC for review
and approval. Maintaining and
expanding the zero emissions
portion of the portfolio and
carbon neutral plan.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED POLICY
UPDATE
The health and well-being of the community is a high priority for Council and Utilities
N/A N/A
STANDING TOPIC 4
Gas System and Supply: Consider aspects of the gas system and supply portfolio, including the City of Palo Alto Utilities (CPAU) development of a long-term plan to accommodate anticipated decrease in gas use.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
Gas is a type of energy used to
provide some residences and
businesses in Palo Alto with heat
for their facilities and some
cooking appliances.
This is not a single effort or
project; however, a year-round
effort
Staff time, legal review time,
consultant time when necessary
CPAU rates on average are
10% below PG&E's rates year-
round.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED POLICY
UPDATE
The health and well-being of the community is a high priority for Council and Utilities
N/A N/A
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STANDING TOPIC 5
Utilities Capital Improvement Projects (CIP): Discuss CIP projects.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED / LOCAL
LAW / COUNCIL-APPROVED
The Utilities Department manages
multiple CIPs each year for the
benefit to the city and community.
CIPs may include rebuilding water
reservoirs, repairing and replacing
sewer lines or water mains,
maintaining street lights, building
out the fiber optic backbone, or
upgrading the utility meters.s
Council approve multiple CIPs
in the annual budget. Most of
these projects are multiyear
based.
Staff time, legal review time,
procurement time for setting up
contracts, contractors for work
completion.
Utilities CIP success is
measured by completion of
the project within the
timeline and budget
approved by Council.
N/A
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED POLICY
UPDATE
Maintaining quality of life for the community is a priority for the Utilities Department and projects.
N/A N/A
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STANDING TOPIC 6
Reliability, Resiliency and Adaptation: Ongoing discussions regarding the reliability and resiliency of the City of Palo Alto Utilities (CPAU), including Utilities emergency preparedness plan and annual discussion of efficiency programs, demand side management and performance against plan.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED /
LOCAL LAW / COUNCIL-
APPROVED
This matter encompasses a
number of situations including but
not limited to the Sustainability and
Climate Action Plan ( S/CAP). The
benefit of any of the reliability or
resiliency projects is to support the
city and community now and into
the future with reliable, safe
connections, water, electricity, fiber
and natural gas
These programs and projects
are year-round and do not have
a beginning or an end. For
example, the S/CAP is set to
accomplish its primary goals by
2030.
Budget approval, staff time,
additional staff, and some use of
consultants
Maintaining a high level of
efficient, safe, economic, and
reliable services.
Utilities Emergency
Preparedness:
1. Determination of the
“design emergencies” to
be used as the basis for
CPAU emergency
preparedness.
2. Establishment of
CPAU’s risk
assessment framework
in coordination with the
Office of Emergency
Services (OES).
3. Determination of
CPAU’s roles and
specific actions in each
such emergency.
4. Completion of action
planning and
implementation in
coordination with
OES.
YES
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
The S/CAP is a Council priority and therefore a high priority for the Utilities Advisory Commission.
N/A N/A
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STANDING TOPIC 7
Legislative Initiatives: Utilities tracks many local, state and federal bills that touch on utilities. Should any new laws, regulations, or ordinances pass during the year, the UAC may need to discuss the changes.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED /
LOCAL LAW / COUNCIL-
APPROVED
Staff track the possible changes in
laws and regulations and presents
the proposed changes to the UAC
for review and consideration to the
Council.
The Legislature meets
throughout the year and
possible changes can occur at
any point that affect utilities
Staff time, travel, and legal
review time
This is a non-measurable
project
State Mandated
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
N/A The level of priority is based on the particular legislation being proposed and how it affects the Utilities Department.
N/A
STANDING TOPIC 8
Council-Driven Initiatives: The UAC will address any matter assigned by the City Council.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED /
LOCAL LAW / COUNCIL-
APPROVED
The UAC is made up of a diverse
group with knowledge of the utilities
industry and related issues.
Timeline will be addressed once
assigned.
UAC, staff and legal review time. Council approval of completed task.
YES
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Typically when Council requests a review of an item it is considered a high priority.
N/A N/A
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Standing Topic 9
Sustainability and Climate Action Plan (S/CAP) Support: Discuss community engagement, technology (current & emerging), finance, and community scaling of S/CAP plans to meet the city’s goals for sustainability and climate action.
This includes electrification efforts, possible code modifications, potential full or partial retirement of the gas distribution system, and electrification of gas appliances. It also includes permitting and inspection processes for customers wishing to upgrade panels, electrify appliances, or install solar photovoltaics (PV), energy storage, and/or electric vehicle (EV) charging systems.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED /
LOCAL LAW / COUNCIL-
APPROVED
UAC expertise will help the Council
Climate Action and Sustainability
Committee (CASC) make progress
on achieving S/CAP goals with
benefits to reducing the impacts of
climate change.
Ongoing support to the CASC Staff time and funding devoted to executing coordinating planning
efforts, incentives, programs,
and infrastructure investments to
support S/CAP efforts.
Completion of Council Priorities
and S/CAP Work Plan items in
collaboration with other
departments.
S/CAP and 2023-
2025 Work Plan
approved by Council
in June 2023,
Council Priorities in
this area adopted
annually.
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
Support relevant Council Priority Objectives in the Climate Action and Adaptation and Natural Environment Protection Priority area and 2023- 2025 S/CAP Work Plan Items
N/A N/A
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STANDING TOPIC 10
Fiber to the Premises (FTTP): Review Pilot and Phase 1 progress and outcomes, business model, and metrics affecting city’s decision whether to move forward with full city rollout.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED /
LOCAL LAW / COUNCIL-
APPROVED
Enhances high‐speed internet and
provides equitable access for
residents & businesses.
Provides residents and businesses
another option among broadband
providers which could lower prices,
accelerate network upgrades,
and/or improve customer
satisfaction.
2025 – 2026: Complete Pilot,
begin marketing, gather data on
construction cost, operating
expense, and take‐rate.
2026 – 2027: Evaluate pilot
results, refine delivery
strategies, marketing, staffing,
and product offerings for Phase
1 rollout.
Strategic partners for customer
service, home installation, and
after-hours troubleshooting.
Capital investment for fiber
deployment.
Marketing budget.
Ongoing operational &
maintenance funding.
Demonstration of operational
success from Pilot.
Exceeding take rate of 20% for
pilot and 33% for Phase 1.
Positive customer feedback and
subscription growth.
Sustainable financial model to
cost‐recover operationally within
five years.
Council-approved on
December 19, 2022.
City Council Priority
May 2025
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
High priority. Provide UAC and Council with status updates as it relates to metrics for success during Pilot and Phase 1 (i.e. take rate, customer satisfaction, cost per passing, cashflow projection)
N/A
N/A
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Standing Topic 11
Long-Term Strategy for CPAU’s Natural Gas Utility: Develop a comprehensive 5–20 year plan to align the gas utility with climate goals, financial stability, and regulatory changes, while evaluating options for electrification, biogas integration, and long-term infrastructure strategy.
BENEFICIAL IMPACTS TIMELINE RESOURCES NEEDED MEASURE OF SUCCESS STATE MANDATED /
LOCAL LAW / COUNCIL-
APPROVED
Integrates climate impact,
regulatory environment, and
evolving market conditions (e.g.,
supply, building electrification
trends).
Ensures financial stability by
addressing costs, procurement
strategies, tariffs, revenues, and
the utility’s contribution to the
city.
Identifies how best to align the
gas utility with Palo Alto’s
sustainability goals and
community expectations over the
long term.
Timeline will be designed for a 2-
3 year planning horizon.
2025 expected work to share
preliminary analysis of strategies
for a physical and financial
transition of the gas utility to
relevant policymakers and
shareholders.
Staff analysis (Utilities,
Administrative Services
Department, S/CAP) and
potential consultants for policy,
engineering, and market
assessments.
Consulting support for hydraulic
model development, analysis,
rate studies, and financial
modeling.
Legal counsel for evolving
regulations
Stakeholder outreach resources
for public engagement.
Completion and City Council
adoption of a 5–20 year gas
utility strategy.
Clear articulation of how
externalities and climate goals
are addressed (e.g., cost of
carbon, supply reliability, how
pricing of gas rates should be
adjusted to reflect
externalities).
Stable or well‐managed utility
finances, including city
payment, without undermining
broader climate goals.
Positive feedback from
community stakeholders on
transparency and alignment
with city values.
Gas regulation
intersects with state and
federal laws (CPUC,
etc.).
Local ordinances or
building codes may
require revision (Council
approval).
Council likely to be
involved if new rate
structures or code
changes are required.
HIGH PRIORITY LOWER PRIORITY COUNCIL-DIRECTED
POLICY UPDATE
High Priority, but not urgent.
N/A
Expected
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: September 29, 2025
Report #:2508-5065
TITLE
Adoption of a Resolution for the County of Santa Clara Historic Heritage Grant Application for the Restoration of the Roth Building Frescoes (Phase II); CEQA Status-categorically exempt.
RECOMMENDATION
Staff recommends that City Council adopt the attached resolution (Attachment A) to apply for the Historical Heritage Grant Program from the County of Santa Clara to fund the Roth Building Fresco Phase II Restoration Project. This restoration project will focus on the restoration treatment of grisaille fresco panels and sepia medallions as part of the fresco mural by artist Victor Arnautoff, titled Modern and Ancient Medicine, originally painted in 1932 at the site of the historic Roth Building.
BACKGROUND
A fresco mural by artist Victor Arnautoff, titled Modern and Ancient Medicine and originally painted in 1932, is located at the entrance to the Roth Building (the former Palo Alto Clinic).
The artwork is part of the City’s public art collection. Both the Roth Building and fresco mural are listed on the National Register of Historic Places (NRHP) as a property of significant architectural and artistic value. It is also listed on the California Register of Historical Resources and as a Category 2 Building (a building of major regional importance) in the City of Palo Alto Historic Inventory.
The City of Palo Alto purchased the Roth Building in 2000, adding the Victor Arnautoff frescoes to the City’s art collection. The Public Art Program cares for artworks integrated into the exterior of the building for the benefit of the Palo Alto community.
In 2018, the City of Palo Alto in coordination with the Palo Alto History Museum (PAHM) applied for the County of Santa Clara’s Historic Grant Program for the protection and restoration of frescoes (Phase I). The grant, a reimbursement-based matching fund in the Item 7
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amount of $105,000, was awarded in 2019. On November 16, 2020,1 City Council adopted a resolution to accept the grant award for the fresco mural rehabilitation and authorized the City Manager to execute the grant agreement and commit the project for park use for at least twenty years. Delayed by the COVID-19 pandemic, the funding agreement for the Historic Grant Program (HGP) was executed in 2022. Protection and restoration of frescoes project (Phase I) coincided with the rehabilitation of the building and took place in 2023/24. Under Phase I of the fresco protection and restoration project, a team of fine art conservators carried out full restoration of the four large color frescoes and completed in-depth cleaning and condition analysis of the lower panels and medallions. The work was completed in Fall 2024. The scope of work outlined in the grant was fully executed, and the City of Palo Alto received full reimbursement from the County of Santa Clara.
ANALYSIS
In July 2025, the County of Santa Clara announced a new grant funding cycle under its Historic Heritage Grant Program. If awarded, this grant funding opportunity would allow the City to complete an essential restoration of eight grisaille frescoes in the lower fresco register in the loggia and four sepia medallions on the arched exterior wall of the Roth Building loggia. The restoration treatment project will be carried out by a team of fine art conservators – leading experts on the frescoes by Diego Rivera and Victor Arnautoff and managed by the City of Palo Alto Public Art Program staff.
The grant application requires the City, as the property owner, to approve the resolution to apply for this grant by signing a Property Owner Approval Resolution (Attachment A). If awarded the grant, staff will return to City Council for the acceptance of the grant agreement and any necessary budget amendment.
RESOURCE IMPACT AND TIMELINE
Grant applications are due to the County on October 23, 2025, with the awards announced by the County’s Historical Heritage Commission (HHC) in Summer/Fall 2026. Should the City be successful in securing the grant award, the City will enter into a grant agreement with the expectation of completing the grant project scope within three years from the agreement execution. The Fresco Restoration (Phase II) Project is expected to cost $235,000 based on the treatment proposal and budget estimate provided by the team of fine art conservators and take place in 2027/28. The City will bring forward any necessary budget amendments for City Council review through the annual budget process to recognize expense and offsetting revenue. The City will fund the grant project out of the Roth Building CIP PF-23001. Upon project completion and prior to the expiration of the grant agreement, the City will submit a 1 City Council, November 16, 2020; Agenda Item #4; SR# 11653, https://www.paloalto.gov/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020-2/id-11653.pdf?t=51404.9
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final reimbursement request. The reimbursement amount will be subsequently posted back to the Roth Building CIP fund (PF-23001).
STAKEHOLDER ENGAGEMENT
The City of Palo Alto, Palo Alto Museum, and the broader public, both within the Palo Alto community and beyond, will benefit from funding this project. The Public Art Commission is scheduled to discuss the grant proposal at their September 18, 2025, meeting. Through a partnership between the City’s Public Art Program and the Palo Alto History Museum, thousands of visitors will learn about the history and artistic significance of the Roth Building frescoes, as well as their unique place in the local, regional, and broader art world.
ENVIRONMENTAL REVIEW
The Roth Building rehabilitation project is Categorically Exempt from CEQA review pursuant to CEQA guidelines section 15331, Historical Resource Restoration/Rehabilitation, as a project limited to maintenance, repair, and rehabilitation in accordance with the secretary of interior standards for historic preservation.
ATTACHMENTS
Attachment A: Property Owner Resolution Approving the City of Palo Alto’s Application for a County of Santa Clara Historical Heritage Grant for the Roth Building Frescoes Restoration (Phase II)
APPROVED BY:
Kristen O'Kane, Community Services Director
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Not Yet Adopted
1 142_20250910_ts24
Resolution No. ___________
Resolution of the Council of the City of Palo Alto
Approving the City’s Application For a County of Santa Clara Historical Heritage Grant for the Roth Building Fresco Phase Two Restoration Project in Heritage Park
WHEREAS, the County of Santa Clara (“County”) has established the Historical Heritage Grant program to promote historic preservation and the awareness of significant cultural, historical, and archaeological resources within Santa Clara County (“Grant Program”); and
WHEREAS, the County funds the Grant Program with County Park Charter Development Funds, which must be used for the development of real property for county park purposes; and
WHEREAS, the City of Palo Alto (“Applicant”) proposes that the County award Grant Program funds for the Roth Building Fresco Phase Two Restoration project (“Project”), which is in Heritage Park (“Park”), located at 300 Homer Avenue; and
WHEREAS, the County requires that the property on which the grant-funded project is located be continually used for park purposes for a minimum of 20 years and be open to all Santa Clara County residents on a non-discriminatory basis; and
WHEREAS, the City of Palo Alto has granted permission (consent) to the Palo Alto History Museum to use the Roth Building for a community museum, which is a park purpose, for the period of forty years (40 years), and said consent is evidenced by a lease granting such rights; and,
WHEREAS, Applicant is required pursuant to the Historical Heritage Grant Program Procedural Guide to designate a legally authorized representative to administer the Project and to execute the Grant Funding Agreement (“Grant Agreement”), along with any amendments thereto, on behalf of the Applicant.
NOW, THEREFORE, BE IT RESOLVED that the City of Palo Alto hereby makes the following determinations:
1. The Project is located on land that will be continually used for park purposes for a minimum of 20 years and, subject to Constitutional or local Charter limits on appropriations for future years, will be open to all Santa Clara County residents on a non-discriminatory basis; and
2. The City of Palo Alto has reviewed the proposed Project and provided all required approvals for the Project in the Park, including, but not limited to, any licenses, permits, environmental review or operational agreements required prior to authorizing construction; and
Item 7
Attachment A - Property
Owner Resolution
Approving the City of Palo
Alto’s Application for a
County of Santa Clara
Historical Heritage Grant for
the Roth Building Frescoes
Restoration (Phase II)
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3. The City of Palo Alto hereby delegates authority to the City Manager or designee of City of Palo Alto, to sign and submit the Grant Application to the County, to negotiate, execute, amend, or terminate the Grant Agreement and any other agreements in relation to the Historical Heritage Grant Program, and authority to administer and carry out all terms and conditions of the Grant Agreement and related agreements including, but not limited to, taking any all other necessary actions to complete the Project.
4. By delegating such authority to the City Manager or designee of the City of Palo Alto, the City of Palo Alto acknowledges, agrees, represents and warrants that the execution of the Grant Agreement and any and all other agreements or amendments by the City Manager of designee of the City of Palo Alto binds and obligates the City of Palo Alto to comply with all terms and conditions of such agreements, without the necessity of additional approvals or conditions;
5. The City of Palo Alto has had the opportunity to seek the advice of its own legal counsel and other professionals in connection with the Grant Agreement and the Historical Heritage Grant Program Procedural Guide.
6. The Council of the City of Palo Alto hereby approves the City of Palo Alto’s application for the County’s Historical Heritage Grant Program funds for the Roth Building Fresco Phase Two Restoration Project in Heritage Park.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ __________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
_______________________ ___________________________
Assistant City Attorney City Manager
___________________________
Director, Community Services
Item 7
Attachment A - Property
Owner Resolution
Approving the City of Palo
Alto’s Application for a
County of Santa Clara
Historical Heritage Grant for
the Roth Building Frescoes
Restoration (Phase II)
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City Council
Staff Report
From: City Attorney
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: September 29, 2025
Report #:2507-5011
TITLE
Authorization to Execute an Amendment to Legal Services Contract S25194587 with Atkinson Andelson Loya Ruud & Romo to Increase Amount by $100,000 for Total Not-to-Exceed Amount of $185,000; CEQA Status – Not a Project.
RECOMMENDATION
Authorize the City Attorney or designee to amend the contract for litigation defense services with the law firm of Atkinson Andelson Loya Ruud & Romo (Contract S25194587) to increase the contract amount by $100,000 for a total not-to-exceed amount of $185,000.
BACKGROUND
Atkinson Andelson Loya Ruud & Romo is a law firm representing cities in a variety of areas, with an emphasis in employment and labor matters. In March 2025, the City entered into a three- year agreement (S25194587) in the amount of $85,000 with Atkinson Andelson Loya Ruud & Romo for litigation defense services in Government Claim No. C25-0059 filed by Thomas Haxton and related litigation. Staff seeks authority to increase the contract amount by $100,000 to bring the new not to exceed amount to $185,000. Litigation defense continues in this matter.
FISCAL/RESOURCE IMPACT
Funding for this amendment does not require additional budgetary authority as it can be accommodated within existing funding allocated to the City Attorney’s Office as part of the FY 2026 Adopted Operating Budget.
STAKEHOLDER ENGAGEMENT
The City Attorney’s Office works closely with the City Manager and department personnel on litigation and claims matters.
ENVIRONMENTAL REVIEW
Amendment of a legal services contract is not a project requiring environmental review under the California Environmental Quality Act (CEQA) (See CEQA Guidelines 15378(b)(5), administrative activities that will not result in direct or indirect physical changes in the environment).
APPROVED BY: Molly Stump, City Attorney
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: September 29, 2025
Report #:2507-4995
TITLE
Approval of General Service Contract No. C26194249 with Orion Security for Security Services at the Municipal Service Center and the Regional Water Quality Control Plant in an Amount Not-To- Exceed $1,448,260 for a Period of Five Years; CEQA Status – Categorically Exempt under Section 15301
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract No. C26194249 with Orion Security for security services at the Municipal Service Center (MSC) and the Regional Water Quality Control Plant (RWQCP) for a term of five years and a total not-to-exceed amount of $1,448,260, including $172,260 for additional unplanned overtime hours for both MSC and RWQCP.
BACKGROUND
Security services are essential at both the MSC and the Regional RWQCP due to the nature of operations and the level of activity at these facilities. Both sites manage frequent staff, vendor, and contractor access, and house high-value equipment, vehicles, and infrastructure critical to the City’s daily operations. Security personnel ensure that only authorized individuals gain access, provide a visible deterrent to theft or vandalism, maintain control at gates and entrances, assist with traffic control during peak activity or deliveries, and help manage parking to prevent unauthorized use of City lots. Their presence helps safeguard City assets, ensure operational continuity, and protect the safety of employees and visitors.
For the past five years, Universal Security Company has provided contracted security services at the MSC and the RWQCP under Contract C201760031, which expired on October 7, 2024. In summer 2024 staff paused preparations for solicitation documents for a new long-term contract 1 City Council, October 7, 2019, Agenda Item #12, SR#10574; https://portal.laserfiche.com/Portal/DocView.aspx?id=147875&repo=r-704298fc&searchid=cb1a4508-0944-4b96- 956c-279f80c28884
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to explore expanding the scope to include security services at City Hall.
Pausing the solicitation process allowed staff time to assess and define security needs at City Hall. To ensure service continuity during this transitional period, Council approved staff’s recommendation for a nine-month contract C251931873 with Universal Security Company to continue services at MSC and RWQCP and to accommodate additional coverage as needed. Over the duration of the nine-month interim security contract, staff completed their assessment of security needs at City Hall and it was ultimately decided not to include City Hall security services in the scope of the new contract.
ANALYSIS
Procurement Process
A formal request for proposals (RFP) for security services was posted on the City’s eProcurement system on April 28, 2025. The City received 12 responsive proposals by May 22, 2025.
A team composed of staff from the Public Works Department evaluated the proposals. The proposals were evaluated based on the following criteria: 1) Quality of Proposal, 2) Proposed Solution, 3) Experience, 4) Cost, 5) Financial Condition and Stability, 6) Timely Performance, 7) Prior Record of Performance, 8) Ability to Provide Ongoing Services, and 9) Compliance with City Requirements. Following a comprehensive evaluation, Orion Security received the highest aggregate score. Their proposal demonstrated a strong understanding of the City’s operational needs, and their pricing was competitive in relation to the proposed scope and service quality. The recommended contract (Attachment A) provides for continued daily unarmed security coverage at both MSC and RWQCP.
Cost Comparison Analysis
The new five-year security services contract reflects a total cost of $1,448,260. The Year 1 cost of $285,112 is 3% less than the 9-month interim contract cost of $220,752, when that amount is converted to an annual cost. The 12 five-year cost proposals received ranged from $1,225,800 to $2,247,000, with a median cost of $1,612,421.
FISCAL/RESOURCE IMPACT
The funding for this five-year contract will be sourced from and is available in the City’s General Fund, the Wastewater Treatment Fund, the Utilities Administration Fund, and the Vehicle Maintenance and Replacement Fund FY 2026 Adopted Operating budgets as follows: 18.5% from the Public Works Department General Fund, 10% from the Vehicle Maintenance and 3 City Council, March 24, 2025, Agenda Item #5 SR#2411-3808; https://portal.laserfiche.com/Portal/DocView.aspx?id=154317&repo=r-704298fc&searchid=fb7cd553-08ca-4a2c- baf0-0da70819cccb
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Replacement Fund, 18% from the Utilities Administration Fund, 3.5% from the Community Services Department General Fund, and 50% from the Wastewater Treatment Fund.
Appropriations for subsequent contract years will be determined through the annual budget development process and subject to Council approval. The table below shows the breakdown of the annual cost per department as well as the total cost of the contract:
Table 3: Funding Allocation
Term Annual Cost
(Orion
Security)
Vehicle
Replacement
and
Maintenance
Fund
Public Works
Department
General Fund
Utilities
Administration
Fund
Community
Services
General Fund
Wastewater
Treatment
Fund
Year 1 $285,112 $28,511 $52,746 $51,320 $9,979 $142,556 Year 2 $287,382 $28,738 $53,166 $51,729 $10,058 $143,691 Year 3 $289,652 $28,965 $53,586 $52,137 $10,138 $144,826 Year 4 $291,922 $29,192 $54,006 $52,546 $10,217 $145,961 Year 5 $294,192 $29,419 $54,426 $52,955 $10,297 $147,096 Total $1,448,260 $144,824 $267,930 $260,687 $50,689 $724,130
STAKEHOLDER ENGAGEMENT
Departments and groups contributing to funding the security services at the MSC and RWQCP have been apprised of funding requirements for the contract and the projected costs of the new contract in developing operating budgets.
ENVIRONMENTAL REVIEW
This contract is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA guidelines as maintenance to an existing facility and no further environmental review is necessary.
ATTACHMENTS
Attachment A: Orion Security; Contract C26194249
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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Professional Services
Rev. Oct 16,2024
CITY OF PALO ALTO CONTRACT NO. C26194249
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
This Agreement for Professional Services (this “Agreement”) is entered into as of the 29th day of September, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and YOSH ENTERPRISES INC. dba ORION SECURITY, a California corporation, located at 675 East Gish Road, San Jose, CA 95112 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to issue a contract ( the “Project”) and desires to engage a consultant to provide unarmed security officers services for the Municipal Service Center and the Regional Water Quality Control Plant in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on- call Services only by advanced, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of s ervices, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
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Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully 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 November 1, 2025, through October 31, 2030, 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 One Million Four Hundred Forty-Eight Thousand Two Hundred Sixty Dollars ($1,448,260.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of D ollars ($ ) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ) , as detailed in Exhibit C.
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“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional S ervices in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill 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.
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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 parties.
SECTION 12. SUBCONTRACTING.
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Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
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 Thomas Pratt Jr. as the CONSULTANT’s Project Manager , Telephone: 408-287- 4411 ext. 105, Email:
[email protected] 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 Project 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 P roject 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 Ivan Zhang, Public Works Department, Facilities Division, Municipal Service Center, 3201 E. Bayshore R d., Palo Alto, CA 94303, Telephone: 650-496-6993, Email:
[email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual 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.
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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.
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.
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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 primar y 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 City Manager acting in the reasonable exercise of his/her discretion . The following Sections will Docusign Envelope ID: F8562A78-140E-481F-8A94-22F72C2FF628 Item 9
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survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any 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 Docusign Envelope ID: F8562A78-140E-481F-8A94-22F72C2FF628 Item 9
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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 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) h ours 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.
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SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality 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 Docusign Envelope ID: F8562A78-140E-481F-8A94-22F72C2FF628 Item 9
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intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any 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.
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agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT 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. C26194249
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
YOSH ENTERPRISES INC. dba ORION
SECURITY
By: ________________________________
Name: ______________________________
Title: _______________________________
By: ________________________________
Name: ______________________________
Title: _______________________________
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CEO
Joseph Baba
President
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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.
CONTRACTOR shall supply all labor, materials, equipment and incidentals necessary to provide unarmed security officers services for the Municipal Service Center (MSC) and the Regional Water Quality Control Plant.
The Municipal Service Center (MSC) - Located at 3201 East Bayshore Road, Palo Alto.
Requires two unarmed uniformed security officers with operation hours from 6 am to 5 pm, Monday through Friday, excluding holidays. The morning shift shall be from 6:00 am to 2:30 pm and the later (mid-morning) shift shall be from 8:30 am to 5:00 pm. The different time shifts will allow for coverage at the guard shack during lunch and regularly scheduled breaks, as well as restroom breaks. A lunch break of 30 minutes is allotted for each security officer. The City will not pay for this lunch break for the security officers.
The Regional Water Quality Control Plant (WQCP) - Located at 2501 Embarcadero Way, Palo Alto. Requires two unarmed uniformed security officers with operation hours from 5:30 am to 4 pm, Monday through Friday, excluding holidays. The morning shift shall be from 5:30 am to 2:00 pm and the later (mid-morning) shift shall be from 7:30 am to 4:00 pm. The different time shifts will allow for coverage at the guard shack during lunch and regularly scheduled breaks, as well as restroom breaks. A lunch break of 30 minutes is allotted for each security officer. The City will not pay for this lunch break for the security officers.
Additional Security Services: All locations may require additional security services for special events and/or special circumstances. The City may request to add additional locations at a later date.
The Contractor shall notify the City’s designated Project Manager at least 24 hours in advance if for any reason the security officers cannot meet the required schedule.
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Holidays:
Scope of Work for Municipal Service Center
A. Work to be Performed:
1. A security sweep and inspection of the entire MSC facility will occur between 6:00 am – 6:30 a.m. and again between 4:30 p.m. and 5:00 p.m. Inspections will include perimeter fence lines, building exterior doors, storage containers, employee parking lots, and all vehicle and pedestrian gates.
2. The front vehicle gate will be open from 6:30 a.m. to 4:30 p.m.
3. At least one officer will be at the guard shack from 6:30 a.m. to 4:30 p.m.
4. A security sweep and inspection of the entire MSC facility will occur at 9:15 am after he/she takes their morning break and again at 1:30 pm before morning guard leaves at 2:30 pm. Security sweep and inspection will be continuous while there are two guards are present. Inspections will include perimeter fence lines, building exterior doors, storage containers, employee parking lots, and all vehicle and pedestrian gates.
5. On a quarterly basis, the Contractor will send the City’s Project Manager a proposed schedule of the officers on duty, which will include the name of each security personnel, working hours, and emergency contact number for each employee. The City of Palo Alto understands that the staffing schedule submitted may be subject to change.
6. All non-City vehicles and pedestrians will be stopped at the gate before entry.
7. All visitors must have an appointment with staff on site. City Staff will send an email or call the security guard shack to notify the security officers of who the visitor/s will be and what time to expect them.
8. Security officer will call the City staff when the visitor arrives to authorize the entry of the visitor. Visitors are not allowed entry until contact is made with City staff.
9. Security officer will log visitor’s name, driver license number, company name, DATE
1. January 1 - New Year’s Day
2. 3rd Monday in January - Martin Luther King Jr.
3. 3rd Monday in February - Lincoln’s Birthday
4. Last Monday in May – Memorial Day
5. 4th of July
6. 1st Monday of September - Labor Day
7. 2nd Monday of October – Columbus Day
8. November 11 - Veteran’s Day
9. Thanksgiving Day
10. Day after Thanksgiving
11. December 25 - Christmas Day
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date, and time.
10. Visitors will be given a visitor badge and a parking pass if they are parking in the yard. A parking pass is not required if the visitor parks outside of the yard in visitor parking.
11. Security officer must retrieve the guest passes and parking pass when visitors exit.
12. All non-city vehicles will be checked visually prior to exiting the MSC. This will not include checking secured vehicle areas such as trunks or enclosed truck boxes, but a brief visual inspection of the interior of the vehicle and/or open truck bed.
13. Stores Shipping and Receiving hours are from 7:00 a.m. to 3:00p.m. a) No deliveries are allowed inside the yard outside of the Stores’ hours. b) Regular deliveries such as UPS, FedEx, DHL, Amazon, etc. do not need to be checked in or out. Security officers will direct them to the Building A Stores loading docks.
c) It is the responsibility of the second guard to monitor these deliveries to verify the drivers stay near the loading dock area.
14. Other vendors and contractors that are not required to be checked in and out. a) Garbage trucks that are picking up garbage or fueling with CNG. b) Palo Alto School District buses fueling with CNG.
c) Debris box trucks.
d) Street sweeper contractor.
e) Tow trucks dropping off or picking up City vehicles. f) Material supplier delivery trucks such as Home Depot, Grainger, Ferguson, Pinecone Lumber, etc.
15. Perform inspections, detection, and investigation of all security- related incidents, violations of City regulations and City employee safety, and report to appropriate authorities and the Project Manager.
16. Respond promptly and appropriately to all security-related emergencies.
17. Patrol the entire facility to provide a visible presence to discourage vandalism or unauthorized entry throughout the day.
18. Notify the appropriate law enforcement agency and Project Manager of any unlawful activity.
19. Immediate threats must be reported immediately to public safety officials and in person or by phone to the City’s Project Manager or Assistant Director Public Works for Public Services, or the Facilities Dept Helpdesk (in that order). Non- urgent issues must be reported by next business day via email to the City’s Project Manager.
20. Contractor will issue parking tickets for parking violations such as illegal parking, not parking within designated lines, not displaying parking permit, etc.
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B. Officer Check In/Out Procedure:
1. Officers will badge in through the employee person gate at the front of the yard at the beginning of each shift.
2. Officers will badge out through the employee person gate at the front of the yard at the end of each shift.
C. Personnel Requirements:
1. Officer Uniforms
a) All security officers must always wear a security uniform. b) The uniform must have the word “Security” on the front and back of the uniform, in conformance with the State of California requirements. c) The name of the individual officer will be on the front of the uniform. d) All uniforms (collar shirts and pants) will be cleaned and pressed regularly. e) All collar shirts will be tucked in neatly with dark color slacks and shoes. f) High visibility apparel and/or reflective vest is recommended due to the requirement of working in vehicle traffic situations. g) All uniforms will be approved by the City’s Project Manager prior to wearing them onsite.
2. Officer Qualifications:
a) Be able to communicate effectively in both written and oral English. b) Possess a valid California Driver’s License or Identification. c) Be a legal resident of the United States of America. d) Have successfully completed the educational requirements and successfully passed the examinations required by the State of California, Department of Consumer Affairs.
e) Be capable of performing the assigned tasks.
f) Passed background check and have no disqualifying criminal conviction record as determined by City.
g) Must ensure that at least one person every day has a working knowledge of the MSC.
h) Possess a current security guard card.
3. Code of Conduct
a) Security staff will always stand and greet every vehicle (even City marked vehicles) as it arrives to make their presence known to arriving visitors.
b) Communications should be firm but polite with all visitors and staff. c) Violators of the security Standard Operating Procedure will be identified to the Project Manager immediately.
d) No security staff is allowed on the premises outside of the assigned hours unless authorized by the City’s Project Manager.
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e) The City Guard shack will always be properly maintained. f) Computer, phone, and radio issued by the City will be kept in good condition. g) Security staff will only park in assigned parking spaces. h) Security staff is not allowed to have visitors while on duty. i) Security staff will not leave the site without notifying the Project Manager
D. Equipment:
1. Contractor will furnish all equipment necessary to perform the work.
2. All equipment will be kept in good condition.
3. Required equipment will include but not be limited to:
a) Flashlights and two-way radios/smart phones.
b) Appropriate winter and summer wear for staff meeting guidelines in the “Personnel” section above.
E. Reports
1. Security Officers will be responsible for the following reports. a) Daily visitor log sheets.
b) Contractor will submit to the City’s Project Manager an Incident Report for any security related issue.
c) Contractor may use their own forms, subject to prior approval from the City’s Project Manager. All reports should be submitted via email. All reports prepared during the term of this Contract will become the property of the City.
F. Officer Wages
1. Contractor must follow the federal, state, and local minimum wage law each year of the contract.
G. Invoicing
1. Contractor will submit monthly invoices at the beginning of each month, no later than the 5th of each month and the invoices will only include staff hours worked.
2. Contractor will include time sheets for each staff that worked during the billing cycle.
H. Replacement of Security Guards
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belief, fails to meet the minimum requirements.
Scope of Work for Regional Water Quality Control Plant
A. Work to be Performed:
1. Security sweeps and inspections of the entire WQCP will occur as required throughout the day. Inspections will include perimeter fence lines, building exterior doors, storage containers, employee parking lots, and all vehicle and pedestrian gates.
2. The front vehicle gate will be open from 5:30 a.m. to 4:00 p.m.
3. At least one officer will be at the guard shack from 5:30 a.m. to 4:00 p.m.
4. On a quarterly basis, the Contractor will send the City’s Project Manager a proposed schedule of the officers on duty, which will include the name of each security personnel, working hours, and emergency contact number for each employee. The City of Palo Alto understands that the staffing schedule submitted may be subject to change.
5. All non-City vehicles and pedestrians will be stopped at the gate before entry.
6. All visitors must have an appointment with staff on site. City Staff will send an email or call the security guard shack to notify the security officers of who the visitor/s will be and what time to expect them.
7. Security officer will call the City staff when the visitor arrives to authorize the entry of the visitor. Visitor is not allowed entry until contact is made with City staff.
8. Security officer will log visitor’s name, driver license number, company name, date, and time.
9. Visitors will be given a visitor badge and a parking pass if they are parking in the yard.
10. Security officer must retrieve the guest passes and parking pass when visitors exit.
11. All non-city vehicles will be checked visually prior to exiting the MSC. This will not include checking secured vehicle areas such as trunks or enclosed truck boxes, but a brief visual inspection of the interior of the vehicle and/or open truck bed.
12. Stores Shipping and Receiving hours are from 6:00 a.m. to 2:00p.m. a) No deliveries are allowed inside the yard outside of the Stores’ hours unless approved by plant employees in advance.
b) Regular deliveries such as UPS, FedEx, DHL, Amazon, etc. do not need to be checked in or out. Security officers will direct them to the Building A Stores loading docks.
c) It is the responsibility of the second guard to monitor these deliveries to verify the drivers stay near the loading dock area.
13. Other vendors and contractors that are not required to be checked in and out. a) Garbage trucks that are picking up garbage.
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b) Debris box trucks.
c) Street sweeper contractor.
d) Tow trucks dropping off or picking up City vehicles. e) Material supplier delivery trucks such as Home Depot, Grainger, Ferguson, Pinecone Lumber, etc.
14. When two guards are present, escort delivery drivers or other visitors to their destination, if RWQCP staff are unable to assist and the visitor might get lost.
15. Issue clean bottles to identified Septic Haulers for the Septic Haulers to use in collecting a sample. Guards are not expected to handle or be exposed to wastewater samples. Turn away Septic Haulers during periods of temporary shutdowns of the discharge location and/or when specific haulers are no longer in good standing as identified by the City’s Project Manager.
16. Perform periodic security checks on exterior roadways surrounding the RWQCP, reporting any issues to an authorized RWQCP supervisor or designated operator in charge.
17. If requested in future when technology provisions are changed at the RWQCP, do the following: (a) use city provided computer to authorize entry by approved back gate entrants via the back gate camera feed and a remote entry access authorization on guard shack’s phone keypad; and (b) monitor RWQCP camera feeds for security issues on c ity provided computer, reporting any issues to an authorized RWQCP supervisor or designated operator in charge.
18. Perform inspections, detection, and investigation of all security- related incidents, violations of City regulations and City employee safety, and report to appropriate authorities and the Project Manager.
19. Respond promptly and appropriately to all security-related emergencies.
20. Patrol the entire facility to provide a visible presence to discourage vandalism or unauthorized entry throughout the day.
21. Notify the appropriate law enforcement agency and Project Manager of any unlawful activity.
22. Immediate threats at the WQCP must be reported immediately to public safety officials and in person or by phone to the onsite Operations Supervisor/Senior Operator, Assistant Manager of WQCP, and/or Plant Manager. (in that order).
Non-urgent issues must be reported by next business day via email to the City’s Project Manager.
23. WQCP employee and visitor parking lots are within the facility. Employees will enter the front main vehicle gate via the security service or through the key-code entry back vehicle gate.
24. Visitors to the WQCP with a legitimate business purpose are authorized to park inside the WQCP. City employees can park their personal vehicles inside the WQCP.
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standpipe; turn away recycled water trucks without a legitimate permit to use the standpipe.
B. Personnel Requirements:
1. Officer Uniforms
a) All security officers must always wear a security uniform. b) The uniform must have the word “Security” on the front and back of the uniform, in conformance with the State of California requirements. c) The name of the individual officer will be on the front of the uniform. d) All uniforms (collar shirts and pants) will be cleaned and pressed regularly. e) All collar shirts will be tucked in neatly with dark color slacks and shoes. f) High visibility apparel and/or reflective vest is recommended due to the requirement of working in vehicle traffic situations.
g) All uniforms will be approved by the City’s Project Manager prior to wearing them onsite.
2. Officer Qualifications:
a) Be able to communicate effectively in both written and oral English. b) Possess a valid California Driver’s License or Identification. c) Be a legal resident of the United States of America. d) Have successfully completed the educational requirements and successfully passed the examinations required by the State of California, Department of Consumer Affairs.
e) Be capable of performing the assigned tasks.
f) Passed background check and have no disqualifying criminal conviction record as determined by City.
g) Must ensure that at least one person every day has a working knowledge of the MSC.
h) Possess a current security guard card.
3. Code of Conduct
a) Security staff will always stand and greet every vehicle (even City marked vehicles) as it arrives to make their presence known to arriving visitors.
b) Communications should be firm but polite with all visitors and staff. c) Violators of the security Standard Operating Procedure will be identified to the Project Manager immediately.
d) No security staff is allowed on the premises outside of the assigned hours unless authorized by the City’s Project Manager.
e) The City Guard shack will always be properly maintained. f) Computer, phone, and radio issued by the City will be kept in good condition.
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g) Security staff will only park in assigned parking spaces. h) Security staff is not allowed to have visitors while on duty. i) Security staff will not leave the site without notifying the Project Manager.
C. Equipment:
1. Contractor will furnish all equipment necessary to perform the work.
2. All equipment will be kept in good condition.
3. Required equipment will include but not be limited to:
a) Flashlights and two-way radios/smart phones.
b) Appropriate winter and summer wear for staff meeting guidelines in the “Personnel” section above.
D. Reports
1. Security Officers will be responsible for the following reports. a) Daily visitor log sheets.
b) Contractor will submit to the City’s Project Manager an Incident Report for any security related issue.
c) Contractor may use their own forms, subject to prior approval from the City’s Project Manager. All reports should be submitted via email. All reports prepared during the term of this Contract will become the property of the City.
E. Officer Wages
1. Contractor must follow the federal, state, and local minimum wage law each year of the contract.
F. Invoicing
1. Contractor will submit monthly invoices at the beginning of each month, no later than the 5th of each month and the invoices will only include staff hours worked.
2. Contractor will include time sheets for each staff that worked during the billing cycle.
G. Replacement of Security Guards
1. City reserve the right to refuse or reject any personnel who, in the City’s belief, fails to meet the minimum requirement
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall provide the unarmed security officers according to the Scope of Services listed in Exhibit A as directed by the city project manager.
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 the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all S ervices, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement . CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4) , within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimburs able under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
A. Travel outside the San Francisco Bay A rea, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long- distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
November 1, 2025 through October 31, 2026 - Year One
Bid Item Unit
Item Description (Each item shall include all
applicable taxes, profit, insurance, bonds, and other
overhead.)
Unit Price per
Hour
1 Hours Provide unarmed security services at the Municipal Service Center (MSC) per the specifications. $ 31.40 2 Hours
Provide unarmed security services at the Regional
Water Quality Control Plant (WQCP) per the
specifications.
$ 31.40
3 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Municipal Service
Center (MSC).
$ 47.10
4 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Regional Water Quality Control Plant (WQCP)
$ 47.10
November 1, 2026 through October 31, 2027 - Year Two
Bid Item Unit
Item Description (Each item shall include all
applicable taxes, profit, insurance, bonds, and other
overhead.)
Unit Price per
Hour
1 Hours Provide unarmed security services at the Municipal Service Center (MSC) per the specifications. $ 31.65 2 Hours
Provide unarmed security services at the Regional
Water Quality Control Plant (WQCP) per the
specifications.
$ 31.65
3 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Municipal Service
Center (MSC).
$ 47.48
4 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Regional Water Quality Control Plant (WQCP)
$ 47.48
November 1, 2027 through October 31, 2028 - Year Three
Bid Item Unit
Item Description (Each item shall include all
applicable taxes, profit, insurance, bonds, and other
overhead.)
Unit Price per
Hour
1 Hours Provide unarmed security services at the Municipal Service Center (MSC) per the specifications. $ 31.90 2 Hours
Provide unarmed security services at the Regional
Water Quality Control Plant (WQCP) per the
specifications.
$ 31.90
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3 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Municipal Service
Center (MSC).
$ 47.85
4 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Regional Water Quality Control Plant (WQCP)
$ 47.85
November 1, 2028 through October 31, 2029 - Year Four
Bid Item Unit
Item Description (Each item shall include all
applicable taxes, profit, insurance, bonds, and other
overhead.)
Unit Price per
Hour
1 Hours Provide unarmed security services at the Municipal Service Center (MSC) per the specifications. $ 32.15 2 Hours
Provide unarmed security services at the Regional
Water Quality Control Plant (WQCP) per the
specifications.
$ 32.15
3 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Municipal Service
Center (MSC).
$ 48.23
4 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Regional Water Quality Control Plant (WQCP)
$ 48.23
November 1, 2029 through October 31, 2030 - Year Five
Bid Item Unit
Item Description (Each item shall include all
applicable taxes, profit, insurance, bonds, and other
overhead.)
Unit Price per
Hour
1 Hours Provide unarmed security services at the Municipal Service Center (MSC) per the specifications. $ 32.40 2 Hours
Provide unarmed security services at the Regional
Water Quality Control Plant (WQCP) per the
specifications.
$ 32.40
3 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Municipal Service
Center (MSC).
$ 48.60
4 Hours
Additional unplanned overtime hours to provide
unarmed security services at the Regional Water Quality Control Plant (WQCP)
$ 48.60
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: September 29, 2025
Report #:2506-4767
TITLE
Approval of Professional Services Agreement C26195459 with Project Safety Net, Inc. in an amount not-to-exceed $300,000 to Provide Youth Mental Health and Suicide Prevention Support for a term ending June 30, 2028; CEQA Status – Not a Project.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract No. C26195459 (Attachment A), with Project Safety Net to provide youth mental health and suicide prevention support for one year not to exceed $100,000 with options to renew for up to two additional years at $100,000 per year. The City Manager or their designee may authorize and execute the options. The total not-to-exceed is $300,000 for a term ending June 30, 2028.
BACKGROUND
Project Safety Net (PSN) is a collaborative community network formed in response to the tragic teen suicide clusters the Palo Alto community experienced between May 2009 and January 2010. PSN’s mission is to mobilize community support and resources in Palo Alto for youth suicide prevention and mental wellness. PSN is a coalition working on community education, outreach, and training; access to quality youth mental health services; and policy advocacy.
PSN’s vision is “young people are empowered, in partnership with the whole community, to advocate for themselves and their peers. Youth suicide is ended. Stigma is non-existent, and high-quality mental health services are culturally relevant, accessible, and well-utilized. A community where youth and young adults feel safe, supported, and accepted.” The PSN collaborative includes mental health organizations, nonprofits, youth organizations, faith-based organizations, individuals, Palo Alto Unified School District and City of Palo Alto staff. Additional information on Project Safety Net’s background, strategic road map, and resources can be found on their website at psnyouth.org.
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Project Safety Net was originally within the City’s Community Services Department, however; beginning Fiscal Year (FY) 2021, (July 1, 2020) Project Safety Net, Inc. (PSN, Inc.) operated as an independent entity. Project Safety Net, Inc. became registered as an incorporated nonprofit with the State of California on April 23, 2020 and subsequently obtained 501(c)3 tax exemption status. The City’s financial support continued at a level of $100,000 for a five-year period beginning in FY 2021 through June 30, 2025. During this time, PSN has organized community meetings, mental health and suicide prevention trainings for youth and adults, partnered with the City and other community partners on special events, and provided postvention support following a youth suicide.
ANALYSIS
To ensure continuity of services and community support, a new agreement and scope of services has been prepared (Attachment A). The scope of work includes the following:
1. Collaboration Convenings: Facilitating Collaboration and Coordination to align around youth mental health promotion and suicide prevention.
2. Crisis Communications Support and Collaboration to Enhance Youth Suicide Postvention Protocols.
3. Community Engagement and Education.
In the first year of the contract, PSN will convene up to two meetings on Youth Mental Health Promotion and Suicide Prevention with City staff, PSN coalition members, and youth and adult community members to identify opportunities and challenges to advancing suicide prevention work. PSN will continue to engage in postvention work and provide support during a crisis to ensure timely and effective sharing of information to the community and partners.
Additionally, PSN will organize community meetings for teens, parents, community organizations, and experts to share information and resources and promote youth mental health and suicide prevention topics. A summary report on progress of deliverables will be submitted to City staff at the end of each fiscal year.
PSN is the only organization that has had consistent presence in Palo Alto addressing teen mental health and suicide prevention and uses a collective impact model to convene local partners and expand reach, therefore, an exemption to competitive solicitation pursuant to the Palo Alto Municipal Code section 2.30.360(d) was approved by the City Manager or designee.
A contract agreement with the Jed Foundation is also being brought to Council for approval to provide in-depth youth mental health and suicide prevention support to the City on a shorter- term basis. The scope of the Jed Foundation’s work is to provide expert guidance and recommendations, strategic planning, and technical assistance related to youth suicide prevention and postvention. This would complement Project Safety Net’s work, and the two organizations will collaborate to provide the best guidance and recommendations to the City and partners. It is important that Project Safety Net’s work in the community continues while the Jed Foundation completes its work so that pre- and postvention services continue to be Item 10
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provided. The Jed Foundation’s scope can be described as shorter term, over a period of 24 months with ongoing support as needed, while Project Safety Net’s work is continuous and longer term, providing consistent presence in the Palo Alto community.
Project Safety Net’s Scope of Work will be revisited and adjusted annually as appropriate based on community needs and in response to changes in program and service offerings. This could include adjustments made because of recommendations that arise from the Jed Foundation’s work.
FISCAL/RESOURCE IMPACT
The year one, FY 2026, contract amount of $100,000 is available within the General Fund, Community Services Department as part of the FY 2026 Adopted Operating Budget. Funding for future years is subject to City Council approval through the annual budget process.
STAKEHOLDER ENGAGEMENT
Project Safety Net is a coalition that mobilizes community support and resources for youth suicide prevention and mental wellness. The PSN collaborative includes mental health organizations, nonprofits, youth organizations, faith-based organizations, individuals, Palo Alto Unified School District and City of Palo Alto staff.
ENVIRONMENTAL REVIEW
This is not a Project as defined by the California Environmental Quality Act (CEQA)
ATTACHMENTS
Attachment A: Project Safety Net; Contract C26195459
APPROVED BY:
Kristen O'Kane, Community Services Director
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CITY OF PALO ALTO CONTRACT NO. C26195459
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND PROJECT SAFETY NET INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 29th day of September, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and PROJECT SAFETY NET , INC., a non-profit organization, located at 4000 Middlefield Road, Bldg. T2, Palo A lto, CA 94303 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to provide youth and teens mental wellness support and suicide prevention (the “Project”) and desires to engage a consultant to provide 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 October 1, 2025 through September 30, 2026 with the option to renew for two (2) periods, of one (1) year each, upon mutual agreement and written amendment of this agreement, 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.
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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 Thousand Dollars ($100,000). 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, CONSULTANT shall submit annual invoices to the 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 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 of 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.
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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 A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
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 Peying Lee 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 Docusign Envelope ID: FF71C364-10C3-46C3-8826-53E86B6C2123 Item 10
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personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Kristen O’Kane, Community Services Department, 1305 Middlefield Palo Alto, CA , zipcode: 94301, Telephone:(650) 463-4908. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the 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.
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.
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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 primar y 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 Docusign Envelope ID: FF71C364-10C3-46C3-8826-53E86B6C2123 Item 10
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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 City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which Docusign Envelope ID: FF71C364-10C3-46C3-8826-53E86B6C2123 Item 10
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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 With 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 S ervices 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 Docusign Envelope ID: FF71C364-10C3-46C3-8826-53E86B6C2123 Item 10
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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) h ours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
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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 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.
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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.
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:
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