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2017-01-09 City Council Agenda Packet
City Council 1 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. January 9, 2017 Regular Meeting Council Chambers 6:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday 10 days preceding the meeting. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. 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. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 6:00-7:00 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1.CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION Subject: Slezak v. City of Palo Alto United States District Court, Northern California, Case No. 16-CV-3224 LHK Authority: Government Code Section 54956.9(d)(1) Study Session 7:00-7:30 PM 2.City Manager's 2016 Annual Year in Review Special Orders of the Day 7:30-8:00 PM 3.Proclamation of the Council of the City of Palo Alto Honoring the Volunteer Services of Sheri Furman REVISED 2 January 9, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 4.This item will be heard on February 13, 2017. 5.Presentation of Accreditation of the Urban Forestry Program by the Society of Municipal Arborists Agenda Changes, Additions and Deletions City Manager Comments 8:00-8:10 PM Oral Communications 8:10-8:25 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 8:25-8:30 PM 6.Approval of Action Minutes for the December 5 and 12, 2016 Council Meetings Consent Calendar 8:30-8:35 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 7.Approval of Contract Number C17166566 With O'Grady Paving, Inc. in the Amount of $686,290 for the Construction of the Quarry Road Improvements and Transit Center Access Project and Finding of Exemption From the California Environmental Quality Act (CEQA) 8.Approval of Amendment Number 1 to Contract Number C15157160 With Traffic Data Services to Extend the Term Until June 30, 2019 for Provision of On-call Traffic Data Collection Services 9.900 N. California Avenue [15PLN-00155]: Denial of the Appeal of the Planning and Community Environment Director's Architectural Review Approval of Three new Single-Family Homes, one With a Second Unit. Environmental Review: Categorically Exempt per CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures), Zoning District: R-1 10.Approve and Authorize the City Manager to Execute an Agreement Between the City of Palo Alto and Team Sheeper LLC, for the Learn to Swim Program for Summer 2017 at an Amount Not-to- Exceed $143,000 11.Policy and Services Committee Recommends the City Council Adopt the City's Legislative Program Manual and 2017 Legislative Priorities MEMO 3 January 9, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 12.SECOND READING: Adoption of an Ordinance of the Council of the City of Palo Alto to Update the Fiscal Year 2017 Municipal Fee Schedule to Adjust Development Services Department Fees (FIRST READING: December 12, 2016 PASSED 8-0) 13.SECOND READING: Adoption of an Ordinance Amending Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to ban Smoking in Units in Multi-unit Residences and Common Areas, and Make Other Minor Amendments to Smoking Restrictions (Remove Bingo Games as Places and Workplaces Exempt From the City’s Prohibition Against Smoking in Enclosed Places) (FIRST READING: December 5, 2016 PASSED: 8-0) 14.SECOND READING: Adoption of two Ordinances to Update the City’s Below Market Rate (BMR) Housing Program as Recommended by the Finance Committee: (1) Repealing Municipal Code Section 16.47 (Non- residential Projects) and 18.14 (Residential Projects) and Adding a new Section 16.65 (Citywide Affordable Housing In-lieu Fees for Residential, Nonresidential, and Mixed Use Developments. The Proposed Ordinances are Exempt From the California Environmental Quality Act (CEQA) per Sections 15378(b)(4), 15305 and 15601(b)(3) of the State CEQA Guidelines (FIRST READING: December 12, 2016 PASSED: 5-3 Kniss, Scharff and Wolbach no) 15.Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting February 6, 2017 for a Public Hearing for Objections toProposed Weed Abatement 16.Adoption of a Resolution of the City Council of the City of Palo Alto Approving the Issuance of the California Municipal Finance Authority 2017 Tax Exempt Loan (International School of the Peninsula) in an Aggregate Principal Amount Not-to-Exceed $7,500,000 17.Policy and Services Committee Recommends City Council Review the 2017 City Council Priority Suggestions in Preparation for the Annual Council Retreat and Direct the Mayor to Appoint Council Members to Work With the City Manager in Identifying a Facilitator for a Subsequent Retreat 18.Adoption of a Resolution Authorizing the City Manager to Execute and File an Application on Behalf of the City of Palo Alto to the Federal Transit Administration (FTA) for the Management of and Participation in a Grant Award to Enhance and Evaluate a Comprehensive Technology/Policy Solution Called Fair Value Commuting (FVC), Designed to Reduce Traffic Congestion 4 January 9, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 8:35-8:55 PM 19.Appointment of Three Candidates to the Historic Resources Board and Four Candidates to the Parks and Recreation Commission (PARC) for Terms Ending December 15, 2019; and Discussion and Potential Appointment of one Candidate to the PARC for an Unexpired Term Ending December 15, 2018 8:55-9:15 PM 20.Discussion and Direction Regarding Unscheduled Vacancy on the Planning and Transportation Commission; and Potential Appointment of one Candidate to the Planning and Transportation Commission for an Unexpired Term Ending December 15, 2018 9:15-9:30 PM 21.Adoption of a Resolution Scheduling the City Council Summer Break and Winter Closure for 2017 Inter-Governmental Legislative Affairs Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Closed Session 9:30-10:30 PM 22.CONFERENCE WITH CITY ATTORNEY—EXISTING LITIGATION Subject: Buena Vista MHP Residents Association v. City of Palo Alto Santa Clara County Superior Court, Case No. 115-CV-284763 Authority: Government Code Section 54956.9(d)(1) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. 5 January 9, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Public Letters to Council January 2, 2017 January 9, 2017 City of Palo Alto (ID # 7592) City Council Staff Report Report Type: Special Orders of the Day Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: Proclamation Honoring Sheri Furman Title: Proclamation of the Council of the City of Palo Alto Honoring the Volunteer Services of Sheri Furman From: City Manager Lead Department: City Clerk Attachments: Attachment A: Proclamation Honoring Sheri Furman Proclamation Honoring Sheri Furman WHEREAS, Sheri Furman has graciously volunteered her time to serve the citizens of the City of Palo Alto and has led many projects and efforts which have contributed to the betterment of our community; and WHEREAS, as Chair of the Midtown Residents Association (MRA), she organized many successful events such as the annual Community Ice Cream Social with Council Members, commissioners and staff scooping ice cream; and a Midtown multi-cultural potluck; and WHEREAS, Sheri served as webmaster for the MRA and utilized the website to share the history of Midtown and notify residents of semi-annual general meetings on topics of community interest; and WHEREAS, Sheri, as Chair of MRA, worked tirelessly to improve the City. Some noticeable accomplishments under her leadership: installation of art pieces at Hoover Park, bathrooms at Seale Park, and the development of Scott Meadows, a new section in Greer Park; and WHEREAS, Sheri served as Chair of Palo Alto Neighborhoods (PAN), an independent umbrella group for Palo Alto neighborhoods whose purpose is to enhance communications and mutual support, where she chaired forums on housing and retail and also distributed surveys to residents to obtain feedback on civic engagement and community priorities; and WHEREAS, Sheri has shared her valuable knowledge and insight on city wide committees and task forces covering topics such as the Cubberley Community Center, the Comprehensive Plan Housing Element, Website Advisory Group, and the Midtown East-West Bicycle and Pedestrian Connector Project; and WHEREAS, Sheri has been an active leader in our community and is continually recognized for her extraordinary generosity, caring and commitment to the citizens of Palo Alto. NOW, THEREFORE, I, Patrick Burt, Mayor of the City of Palo Alto, on behalf of the City Council do hereby gratefully extend appreciation to Sheri Furman for her years of faithful service to the City of Palo Alto. Presented: December 12, 2016 ______________________________ Patrick Burt Mayor City of Palo Alto (ID # 7459) City Council Staff Report Report Type: Special Orders of the Day Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: Accreditation of the Urban Forestry Program Title: Presentation of Accreditation of the Urban Forestry Program by the Society of Municipal Arborists From: City Manager Lead Department: Public Works Urban Forestry staff pursued accreditation from the Society of Municipal Arborists (SMA) following adoption of the Urban Forest Master Plan. SMA is an affiliate organization of the International Society of Arborists. Founded in 1964, the organization is comprised of urban foresters and municipal arborists. Membership also includes allied professions that practice or support some facet of municipal forestry. SMA Accreditation is the highest recognition for municipal urban forestry programs. To obtain this recognition takes a professional and compassionate approach to tree care. SMA accredited programs must have an ISA Certified Arborist on staff, an approved Local Forest Master Plan, a Tree City USA growth award certification, show private contract preference for TCIA accredited tree care companies, adhere to ANSI standards for safety and performance, and follow SMA’s Code of Ethics. On April 12, 2016, staff submitted documentation regarding City of Palo Alto’s urban forestry program plans, staff and equipment, budgets, ordinances and policies, accomplishments, Tree City USA and Tree City USA growth awards, and contracts to SMA for consideration. Accreditation is a peer-reviewed audit that formally recognizes urban forestry programs for implementing excellent and comprehensive management practices. Following a rigorous peer- review audit, the City was notified on August 7, 2016 that the urban forestry program was awarded accreditation. With only fourteen agencies currently accredited, Palo Alto is now the 15th agency in the nation, to earn this distinction. A representative from the Society of Municipal Arborists will attend the January 9, 2017 Council meeting to recognize the City of Palo Alto Urban Forestry Program for the accomplishment and present a formal award of accreditation to the Mayor, City Council, and staff. Attachments: Attachment A: Palo Alto SMA accreditation press release PO Box 641, Watkinsville, GA 30677 Contact: Jerri LaHaie Executive Director (706) 769-7412 urbanforestry@prodigy.net For Immediate Release The City of Palo Alto Forestry Program Receives SMA Accreditation Watkinsville, GA – August 22, 2016 - The City of Palo Alto, California is the latest community to join a prestigious group of communities accredited by the Society of Municipal Arborists (SMA). SMA Accreditation is the highest honor for municipal urban forestry programs. To obtain this honor takes a professional and compassionate approach to tree care. SMA accredited programs must have an ISA Certified Arborist on staff, an approved Local Forest Master Plan, a Tree City USA growth award certification, show private contract preference for TCIA accredited tree care companies, adhere to ANSI standards for safety and performance, and follow SMA’s Code of Ethics. SMA President, Jeremy Barrick, congratulates City of Palo Alto Mayor Patrick Burt for his leadership and that of the urban forestry staff, led by Walter Passmore for their outstanding efforts in the field of urban forestry. Communities with a growing appreciation for the value of green infrastructure are taking steps to maintain their trees. Unlike other parts of a city’s infrastructure an urban forest can actually increase in value. A healthy urban forest provides many benefits for cities, some of which include: beautification, reduction of the urban heat island effect, reduction of storm water runoff, reduction of air pollution, and reduction of energy costs through increased shade over buildings, enhancement of property values, improved wildlife habitat, and mitigation of overall urban environmental impact. Furthermore, research has shown that city trees can improve real estate values, attract shoppers, improve worker productivity, reduce crime, and improve children’s school performance. ##### About SMA The Society of Municipal Arborists (www.urban-forestry.com) is a not-for-profit international organization of municipal arborists, urban and community foresters, members of tree boards, tree wardens, consultants, municipal officials, and students who are involved in the professional management of trees where over 114 million people live, work, and play. SMA leads the world in building the confidence, competence, and camaraderie of the family of professionals who create and sustain community forests. Phone 706-769-7412 Fax 706-769-7412 UrbanForestry@prodigy.net www.urban-forestry.com CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 9, 2017 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the December 5 and 12, 2016 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: Attachment A: 12-05-16 DRAFT Action Minutes (DOCX) Attachment B: 12-12-16 DRAFT Action Minutes (DOCX) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 7 Special Meeting December 5, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:02 P.M. Present: Burt, DuBois, Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS- CAO Compensation Agency Negotiators: Mayor Burt, Council Member Kniss Unrepresented Employees: City Manager, City Attorney, City Auditor, City Clerk Authority: Government Code Section 54957.6(a). 1a. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Subject: City of Palo Alto v. Public Employee Relations Board (PERB) (International Association of Fire Fighters, Local 1319, real party), Cal Court of Appeal No. H041407, on appeal from PERB Case No. SF-CE-869-M Authority: Government Code Section 54956.9(d)(1). CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees Employee Organizations: Fire Chiefs Association, International Association of Fire Fighters (IAFF), Local 1319, Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association (PAPMA) Government Code Section 54957.6(a). MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff to go into Closed Session. MOTION PASSED: 8-0 Mayor Burt announced Council Member Berman’s resignation from the Council in order to take on his new role as Assembly Member. DRAFT ACTION MINUTES Page 2 of 7 City Council Meeting Draft Action Minutes: 12/5/16 Council went into Closed Session at 5:05 P.M. Council returned from Closed Session at 6:53 P.M. Mayor Burt announced no reportable action. Special Orders of the Day 2. Four Resolutions: Resolution 9644 Entitled, “Resolution of the Council of the City of Palo Alto Honoring Joe Saccio (24 Years), Retiring From City Service;” Resolution 9645 Entitled, “Resolution of the Council of the City of Palo Alto Honoring Joe Teresi (32 Years), Retiring From City Service;” Resolution 9646 Entitled, “Resolution of the Council of the City of Palo Alto Honoring Jane Ratchye (31 Years), Retiring From City Service;” and Resolution 9647 Entitled, “Resolution of the Council of the City of Palo Alto Honoring Scott O’Neill (31 Years), Retiring From City Service.” MOTION: Council Member Schmid moved, seconded by Mayor Burt to adopt a Resolution honoring Joe Saccio. MOTION PASSED: 8-0 MOTION: Council Member Holman moved, seconded by Vice Mayor Scharff to adopt a Resolution honoring Joe Teresi. MOTION PASSED: 8-0 MOTION: Vice Mayor Scharff moved, seconded by Council Member Holman to adopt a Resolution honoring Jane Ratchye. MOTION PASSED: 8-0 MOTION: Mayor Burt moved, seconded by Vice Mayor Scharff to adopt a Resolution honoring Scott O’Neill. MOTION PASSED: 8-0 Agenda Changes, Additions and Deletions None. Consent Calendar MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois to approve Agenda Item Numbers 3-7. DRAFT ACTION MINUTES Page 3 of 7 City Council Meeting Draft Action Minutes: 12/5/16 3. Approval of a Budget Amendment in the Electric Fund to Complete Conversion of Overhead Electric Facilities to Underground for Capital Project EL-11010 Underground Utility District 47 Increasing the Project From $2,346,000 to $2,946,000; and Finding of CEQA Exemption Pursuant to Guideline Section 15302. 4. Approval of a Contract With Professional Account Management, LLC, in an Amount Not-to-Exceed $130,000 per Year for Five Years for the Handling and Processing of Parking Violations and Approval of Budget Amendments in the General Fund. 5. Resolution 9648 Entitled, “Resolution of the Council of the City of Palo Alto Amending the Conflict of Interest Code for Designated City Officers and Employees as Required by the Political Reform Act and Regulations of the Fair Political Practices Commission and Repealing Resolution Number 9471.” 6. Approval of a Contract With Peninsula Corridor Joint Powers Board in the Amount of $76,380 for 2017 Caltrain Go Pass Program. 7. Approval of a Contract With TetraTech in an Amount Not-to-Exceed $170,000 for a Period of Five Years for Emergency Operations Planning Support. MOTION PASSED: 8-0 Action Items 8. Resolution 9649 Entitled, “Resolution of the Council of the City of Palo Alto Approving a Carbon Neutral Natural Gas Plan to Achieve a Carbon Neutral Gas Portfolio by Fiscal Year 2018 With no Greater Than 10¢/Therm Rate Impact and Terminating the Palo Alto Green Gas Program;” and Provide Direction to Staff Concerning Aspects of Plan Implementation. MOTION: Council Member Wolbach moved, seconded by Vice Mayor Scharff to: A. Adopt a Resolution that: i. Approves the Carbon Neutral Gas Plan, enabling the City to achieve a carbon-neutral gas supply portfolio starting in FY 2018 with a rate impact not to exceed 10¢/therm; and ii. Terminates the PaloAltoGreen Gas program established by Resolution 9405; and DRAFT ACTION MINUTES Page 4 of 7 City Council Meeting Draft Action Minutes: 12/5/16 B. Direct Staff to: i. Develop an implementation plan for the Carbon Neutral Gas Plan; and ii. Minimize cost to achieve carbon reduction within 10¢/therm rate impact cap; and iii. Return to Council to determine an acceptable premium, if any, to be paid for a local offset project when a certified project is identified; and iv. Consult with stakeholders on potential methods to fund alternatives to offsets, including methods involving voter approval. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “ v. Within the constraints of Proposition 26, return with a set of options to reduce natural gas usage within Palo Alto including electric appliances and streamlined permitting for such appliances, and potential programs to reduce fugitive natural gas emissions both indoor and outdoor; and vi. Exclude purchases of natural gas offsets from landfills that receive recyclable organic materials that would be excluded from landfills under best practices.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add at the beginning of the Motion Part B.iii., “prefer local offset projects and.” MOTION AS AMENDED RESTATED: Council Member Wolbach moved, seconded by Vice Mayor Scharff to: A. Adopt a Resolution that: i. Approves the Carbon Neutral Gas Plan, enabling the City to achieve a carbon-neutral gas supply portfolio starting in FY 2018 with a rate impact not to exceed 10¢/therm; and ii. Terminates the PaloAltoGreen Gas program established by Resolution 9405; and DRAFT ACTION MINUTES Page 5 of 7 City Council Meeting Draft Action Minutes: 12/5/16 B. Direct Staff to: i. Develop an implementation plan for the Carbon Neutral Gas Plan; and ii. Minimize cost to achieve carbon reduction within 10¢/therm rate impact cap; and iii. Prefer local offset projects and return to Council to determine an acceptable premium, if any, to be paid for a local offset project when a certified project is identified; and iv. Consult with stakeholders on potential methods to fund alternatives to offsets, including methods involving voter approval; and v. Within the constraints of Proposition 26, Return with a set of options to reduce natural gas usage within Palo Alto including electric appliances and streamlined permitting for such appliances, and potential programs to reduce fugitive natural gas emissions both indoor and outdoor; and vi. Exclude purchases of natural gas offsets from landfills that receive recyclable organic materials that would be excluded from landfills under best practices. MOTION AS AMENDED PASSED: 8-0 9. Approval of an Agreement With the County of Santa Clara With Respect to a Tobacco Retailer Permit Program; and Discussion and Potential Adoption of an Ordinance Amending Chapter 9.14 to Restrict Smoking in Multi-Family Housing. MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff to: A. Approve an Agreement with the County of Santa Clara relating to the administration and enforcement of a Tobacco Retail Permit Program in the City of Palo Alto; and B. Direct Staff to draft an Ordinance amending Chapter 9.14 Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to establish a Tobacco Retail Permit Program; and C. Adopt an Ordinance amending Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to ban smoking in units in DRAFT ACTION MINUTES Page 6 of 7 City Council Meeting Draft Action Minutes: 12/5/16 multi-unit residences and common areas, and make other minor amendments to smoking restrictions (remove bingo games as places and workplaces exempt from the City’s prohibition against smoking in enclosed places). SUBSTITUTE MOTION: Council Member Holman moved, seconded by Council Member Wolbach to: A. Adopt an Ordinance amending Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to ban smoking in units in multi-unit residences and common areas, and make other minor amendments to smoking restrictions (remove bingo games as places and workplaces exempt from the City’s prohibition against smoking in enclosed places); and B. Direct Staff to conduct outreach to tobacco retailers and return to Council with options for a Palo Alto Ordinance or adoption of the Santa Clara County Ordinance. SUBSTITUTE MOTION FAILED: 2-6 Holman, Wolbach no INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to work with Santa Clara County to remove Santa Clara County Code of Ordinances, Chapter XXlll, Section A 18-370, Subsection (f) 2 from the Palo Alto Ordinance.” (New Part C) MOTION RESTATED: Council Member Kniss moved, seconded by Vice Mayor Scharff to: A. Approve an Agreement with the County of Santa Clara relating to the administration and enforcement of a Tobacco Retail Permit Program in the City of Palo Alto; and B. Direct Staff to draft an Ordinance amending Chapter 9.14 Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to establish a Tobacco Retail Permit Program; and C. Direct Staff to work with Santa Clara County to remove Santa Clara County Code of Ordinances, Chapter XXlll, Section A 18-370, Subsection (f) 2 from the Palo Alto Ordinance; and D. Adopt an Ordinance amending Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to ban smoking in units in multi-unit residences and common areas, and make other minor DRAFT ACTION MINUTES Page 7 of 7 City Council Meeting Draft Action Minutes: 12/5/16 amendments to smoking restrictions (remove bingo games as places and workplaces exempt from the City’s prohibition against smoking in enclosed places). MOTION SEPARATED FOR THE PURPOSE OF VOTING MOTION PARTS A-C PASSED: 6-2 Holman, Wolbach no MOTION PART D PASSED: 8-0 Agenda Item Number 1a continued to December 12, 2016. 10. Colleagues’ Memo Regarding East Palo Alto Water Shortage. MOTION: Vice Mayor Scharff moved, seconded by Council Member Kniss to refer to the Finance Committee, a discussion of how the City of Palo Alto may help support East Palo Alto through a transfer or sale of a small portion of its Individual Supply Guarantee. MOTION PASSED: 8-0 Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Council Member Holman reported her attendance along with the attendance of Mayor Burt and Council Members DuBois and Wolbach at the 5th Annual Buena Vista Mobile Home Park Posada on Saturday evening. The event was well attended. She announced there will be an opportunity to tour the Squire House this Thursday from 4:00pm through 6:00pm. Council Member Kniss reported the placement of a new art piece at the Rinconada Library. The piece, A Day in the Life of Recovery, relates to individuals who experience mental health disorders. She is working with Staff to schedule a reception for the work. James Keene, City Manager announced that a Council Town Hall meeting will take place at Escondido School, Wednesday from 7:00pm to 9:00pm. Adjournment: The meeting was adjourned at 11:08 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 9 Special Meeting December 12, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:08 P.M. Present: Burt, DuBois arrived at 5:50 P.M., Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: Study Session 1. Discussion of the Challenges and Accomplishments of the City Council. Special Orders of the Day 2. This item has been removed and will not be heard. Agenda Changes, Additions and Deletions Agenda Item Number 8- 450 Bryant Street [16PLN-92]… removed from the Agenda due to the withdrawal of the Appeal by the Appellant. Minutes Approval 3. Approval of Action Minutes for the November 21 and 28, 2016 Council Meetings. MOTION: Council Member DuBois moved, seconded by Council Vice Mayor Scharff to approve the Action Minutes for the November 21 and 28, 2016 Council Meetings. MOTION PASSED: 8-0 Consent Calendar MOTION: Council Member DuBois moved, seconded by Vice Mayor Scharff to approve Agenda Item Numbers 4-7, 9-20. DRAFT ACTION MINUTES Page 2 of 9 City Council Meeting Draft Action Minutes: 12/12/16 4. Resolution 9650 Entitled, “Resolution of the Council of the City of Palo Alto Declaring the Results of the Consolidated Municipal Election Held on November 8, 2016.” 5. Approval of Site Finalization of Lot D, Located at Hamilton Avenue and Waverley Street, for the new Downtown Parking Garage, and Approval of a Contract With Watry Design, Inc. in the Amount of $1,899,591 to Provide Design and Environmental Assessment Services for the new Downtown Parking Garage, Capital Improvement Program Project, PE-15007. 6. Approval of a Contract With RossDrulisCusenbery Architecture, Inc. in the Amount of $7,007,992 to Provide Design and Environmental Assessment Services for the new Public Safety Building, Capital Improvement Program Project, PE-15001 and new California Avenue Area Parking Garage Capital Improvement Program Project, PE-18000. 7. Resolution 9651 Entitled, “Resolution of the Council of the City of Palo Alto Amending Utilities Rule and Regulation 27, Generating Facility Interconnections.” 8. 450 Bryant Street [16PLN-92]: Consideration of an Appeal and Adoption of Findings of Approval by the Director of Planning and Community Environment for Architectural Review of an Expansion to a Category 2 Historic Resource (Avenidas) and Associated Approval of a Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Plan. 9. Resolution 9652 Entitled, “Resolution of the Council of the City of Palo Alto Approving the Standard Form Edison Electric Institute Master Power Purchase and Sale Agreement, With Special Terms and Conditions ("Standard Form Electric Master Agreement"), and the Standard Form Master Renewable Energy Certificate Purchase and Sale Agreement ("Standard Form Master REC Agreement").” 10. Review and Approve the Process to Solicit Applications for a Stakeholder Committee to Advise the Council Regarding a Potential Tax and Other Funding Options for Transportation Programs and Projects. 11. Approval of a Contract With Pierce Manufacturing Inc. in the Amount of $399,915 for the Purchase of a Type III Wildland Fire Engine; and Approval of Budget Appropriation Amendments in the General Fund and the Vehicle Replacement and Maintenance Fund. DRAFT ACTION MINUTES Page 3 of 9 City Council Meeting Draft Action Minutes: 12/12/16 12. Approval of a Contract With Pierce Manufacturing Inc. in the Amount of $680,666 for the Purchase of a Triple Combination 1500 GPM Fire Pumper. 13. Adoption of Annual Amendments to the Employment Agreements Between the City of Palo Alto and Council Appointed Officers (City Manager, City Attorney, City Auditor and City Clerk). 14. Approval of Amendment Number Nine to the Agreement With the County of Santa Clara for Abatement of Weeds to Change the Method for Setting Abatement Fees and Costs. 15. Approve and Authorize the City Manager to Execute Contract Amendment Number One to Contract Number C14150749 in the Amount of $138,719 for Project Consultant MIG for Additional Services; and Approve a Budget Amendment in the Capital Improvement Fund (Project PE-13003). 16. Approval of Contract Number C17166591 With Artist Susan Zoccola, LLC in the Not-to-Exceed Amount of $90,000 for the Design Development, Fabrication and Installation of Artwork Associated With the Charleston-Arastradero Corridor Project. 17. Ordinance 5403 Entitled, “Ordinance of the Council of the City of Palo Alto Approving Revisions to the Architectural Review Findings in Palo Alto Municipal Code Chapter 18.76 and Approval of an Exemption Under Sections 15061 and 15305 of the California Environmental Quality Act (CEQA) Guidelines (FIRST READING: November 14, 2016 PASSED: 7-0 Berman, Kniss absent).” 18. Approval of a Contract With Anderson Pacific Engineering Construction, Inc. in the Amount of $5,992,000 for the Matadero Storm Water Pump Station Upgrade Project, Capital Improvement Program Project SD-13003, and Adoption of a Categorical Exemption Under Sections 15302 and 15303 of the California Environmental Quality Act Guidelines (CEQA). 19. Approval of Amendment Number Four to the Palo Alto-Stanford Fire Protection Agreement With the Board of Trustees of the Leland Stanford Junior University Extending the Term to June 30, 2017 for an Additional Fee of $4,841,415, and Approval of a Related Budget Amendment Reducing the General Fund Budget Stabilization Reserve to Offset a Reduction in FY 2016 Fire Department Revenues. DRAFT ACTION MINUTES Page 4 of 9 City Council Meeting Draft Action Minutes: 12/12/16 20. Approval of: 1) a Professional Services Agreement With RMC Water and Environment for Development of a Recycled Water Strategic Plan in a Total Amount Not-to-Exceed $2,000,000; and 2) a Cost Sharing Agreement With the Santa Clara Valley Water District Under Which the District Will Fund 90 Percent of Strategic Plan Consultant Costs; and 3) an Amendment to the Fiscal Year 2017 Budget Appropriation for the Wastewater Treatment Fund. MOTION PASSED: 8-0 Action Items 21. PUBLIC HEARING: Adoption of two Ordinances to Update the City's Below Market Rate (BMR) Housing Program as Recommended by the Finance Committee: (1) Repealing Municipal Code Section 16.47 (Non-residential Projects) and 18.14 (Residential Projects) and Adding a new Section 16.65 (Citywide Affordable Housing Requirements) and; (2) Establishing Housing Impact Fees and Housing In-Lieu Fees for Residential, Nonresidential, and Mixed Use Developments. The Proposed Ordinances are Exempt From the California Environmental Quality Act (CEQA) per Sections 15378(b)(4), 15305 and 15601(b)(3) of the State CEQA Guidelines. The BMR Ordinance and Fees Were Recommended for Adoption by the Planning and Transportation Commission on November 30, 2016. Public Hearing opened at 7:58 P.M. Public Hearing closed at 8:25 P.M. MOTION: Council Member DuBois moved, seconded by Council Member Holman to: A. Adopt an Ordinance updating the City’s Below Market Rate (BMR) Housing Program by repealing Municipal Code Section 16.47 (non-residential projects) and 18.14 (residential projects) and adding a new Section 16.65 (Citywide Affordable Housing Requirements); and B. Adopt an Ordinance establishing housing impact fees and housing in-lieu fees for residential, nonresidential, and mixed use developments; and C. Find these actions exempt from the California Environmental Quality Act (CEQA) per Sections 15378(b)(4), 15305 and 15601(b)(3) of the State CEQA Guidelines. DRAFT ACTION MINUTES Page 5 of 9 City Council Meeting Draft Action Minutes: 12/12/16 AMENDMENT: Council Member Schmid moved, seconded by Vice Mayor Scharff to add to the Motion, “accept the Planning and Transportation Commissions’ recommendation that Market Rate Rental Housing be charged a fee of $20 per square foot.” AMENDMENT PASSED: 6-2 Filseth, Holman no AMENDMENT: Vice Mayor Scharff moved, seconded by Council Member Kniss to add to the Motion, “retain Hotel fee at $20.37 per square foot.” AMENDMENT FAILED: 4-4 Burt, DuBois, Holman, Schmid no AMENDMENT: Council Member Wolbach moved, seconded by Vice Mayor Scharff to add to the Motion, “lower the fee for Office/R&D to $40 per square foot.” AMENDMENT FAILED: 3-5 Kniss, Scharff, Wolbach yes AMENDMENT: Council Member Wolbach moved, seconded by Vice Mayor Scharff to add to the Motion, “set the fee for market rate single family attached to $35 per square foot with a reevaluation after one year.” AMENDMENT FAILED: 2-6 Scharff, Wolbach yes AMENDMENT: Council Member Wolbach moved, seconded by Council Member Kniss to add to the Motion, “retain the fee for market rate single family attached and market rate single family detached.” AMENDMENT FAILED: 2-6 Kniss, Wolbach yes MOTION AS AMENDED RESTATED: Council Member DuBois moved, seconded by Council Member Holman to: A. Adopt an Ordinance updating the City’s Below Market Rate (BMR) Housing Program by repealing Municipal Code Section 16.47 (non- residential projects) and 18.14 (residential projects) and adding a new Section 16.65 (Citywide Affordable Housing Requirements); and B. Adopt an Ordinance establishing housing impact fees and housing in- lieu fees for residential, nonresidential, and mixed use developments; and C. Find these actions exempt from the California Environmental Quality Act (CEQA) per Sections 15378(b)(4), 15305 and 15601(b)(3) of the State CEQA Guidelines; and DRAFT ACTION MINUTES Page 6 of 9 City Council Meeting Draft Action Minutes: 12/12/16 D. Accept the Planning and Transportation Commissions’ recommendation that Market Rate Rental Housing be charged a fee of $20 per square foot. MOTION AS AMENDED PASSED: 5-3 Kniss, Scharff, Wolbach no 22. PUBLIC HEARING: Adoption of an Ordinance Amending the FY 2017 Municipal Fee Schedule to Reflect Development Services Cost of Services Study and FY 2017 Annual Adjustment. Public Hearing opened at 9:35 P.M. Public Hearing closed at 9:41 P.M. MOTION: Vice Mayor Scharff moved, seconded by Mayor Burt to adopt an Ordinance to update the Fiscal Year 2017 Municipal Fee Schedule to adjust Development Services Municipal Fees, based on the completion of a Cost of Services Study and adjusted by the annual inflator applied to Municipal Fees from Fiscal Year 2016 to Fiscal Year 2017 with the exception of Fees that could impact community events. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return to the Finance Committee with a definition of a ‘Project’ versus maintenance.” MOTION RESTATED: Vice Mayor Scharff moved, seconded by Mayor Burt to adopt an Ordinance to update the Fiscal Year 2017 Municipal Fee Schedule to adjust Development Services Municipal Fees, based on the completion of a Cost of Services Study and adjusted by the annual inflator applied to Municipal Fees from Fiscal Year 2016 to Fiscal Year 2017 with the exception of Fees that could impact community events. Direct Staff to return to the Finance Committee with a definition of a “Project” versus maintenance. MOTION AS AMENDED PASSED: 8-0 23. Resolution 9653 Entitled, “Resolution of the Council of the City of Palo Alto, Colleagues’ Memo Reaffirming Palo Alto’s Commitment to a Diverse, Supportive, Inclusive, and Protective Community.” MOTION: Council Member Holman moved, seconded by Council Member Wolbach to adopt a Resolution affirming Palo Alto’s commitment to a diverse, supportive, inclusive and protective community including the addition to Section 1, Paragraph Four, “living, working, and visiting” after “privileges of everyone.” DRAFT ACTION MINUTES Page 7 of 9 City Council Meeting Draft Action Minutes: 12/12/16 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “refer the subject matter of this Memorandum to the Human Relations Commission, for recommendation of implementation measures and additional elements that should be considered by the Council in the future.” (New Part B) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part A, “and” with “or.” MOTION AS AMENDED RESTATED: Council Member Holman moved, seconded by Council Member Wolbach to: A. Adopt a Resolution affirming Palo Alto’s commitment to a diverse, supportive, inclusive and protective community including the addition to Section 1, Paragraph Four, “living, working, or visiting” after “privileges of everyone;” and B. Refer the subject matter of this Memorandum to the Human Relations Commission, for recommendation of implementation measures and additional elements that should be considered by the Council in the future. MOTION AS AMENDED PASSED: 8-0 24. Colleagues’ Memo Regarding Support Funding for the Barron Park Donkey Project. MOTION: Council Member Holman moved, seconded by Council Member Kniss to: A. Direct and authorize the City Manager to prepare and execute a Memorandum of Agreement with Acterra to make an initial grant of $10,000 for donkey-related expenses, and, upon successful private fundraising by the Barron Park Donkey Project of $10,000, provide an additional City grant of $5,000; and B. Amend the Fiscal Year 2017 Budget Appropriation Ordinance for the General Fund budget by: i. Increasing the Community Services Department appropriation for grants and subsidies in the amount of $15,000; and ii. Decreasing the Non-Departmental City Council Contingency appropriation in the amount of $15,000. MOTION PASSED: 8-0 DRAFT ACTION MINUTES Page 8 of 9 City Council Meeting Draft Action Minutes: 12/12/16 Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Mayor Burt announced that the City received a Certificate of Recognition from the Silicon Valley Council of Nonprofits recognizing Palo Alto as the 2016 Change Maker of the Year for the City’s advocacy regarding Buena Vista Mobile Home Park. Council Member DuBois reported his attendance as well as the attendance of Council Members Filseth and Wolbach at the Council Town Hall meeting last week in the College Terrace neighborhood. The event was well attended. He announced another Council Town Hall meeting, taking place on Wednesday night in the Barron Park neighborhood. Mayor Burt reported his participation in a panel at the American Water Summit in Florida. Other panelists included the Mayor of Flint, Michigan. Summit participants were shocked by the high price of water in Palo Alto, but also impressed by the numerous initiatives funded by the revenue generated by this price. He reported his attendance at the East Palo Alto Reorganization. The East Palo Alto City Council expressed it sincere appreciation for Palo Alto’s efforts to transfer a portion of Palo Alto’s Individual Supply Guarantee (water) to East Palo Alto. James Keene, City Manager expressed his appreciation to the Council for their countless hours dedicated to the City and their efforts to care for both the current and future Palo Alto community. Closed Session 25. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Subject: City of Palo Alto v. Public Employee Relations Board (PERB) (International Association of Fire Fighters, Local 1319, Real Party), Cal Court of Appeal No. H041407, on Appeal From PERB Case No. SF-CE-869-M Authority: Government Code Section 54956.9(d)(1) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees Pursuant to Merit System Rules and Regulations (James Keene, Molly Stump, Rumi Portillo, Eric Nickel, Dennis Burns) Employee Organizations: Palo Alto Fire Chiefs’ Association; International Association of Fire Fighters (IAFF), Local 1319; Palo Alto DRAFT ACTION MINUTES Page 9 of 9 City Council Meeting Draft Action Minutes: 12/12/16 Police Officers’ Association (PAPOA); Palo Alto Police Managers’ Association (PAPMA) Government Code Section 54957.6(a). MOTION: Vice Mayor Scharff moved, seconded by Council Member Holman to go into Closed Session. MOTION PASSED: 8-0 Council went into Closed Session at 11:06 P.M. Council returned from Closed Session at 11:44 P.M. Mayor Burt announced that the Council voted 8-0 to authorize the City Attorney to file a Petition for Review with the California Supreme Court in the matter of City of Palo Alto v. Public Employee Relations Board (PERB)(International Association of Fire Fighters, Local 1319, Real Party), Cal Court of Appeal No. H041407, on Appeal From PERB Case No. SF-CE-869-M. Adjournment: The meeting was adjourned at 11:45 P.M. City of Palo Alto (ID # 7422) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: Award of Construction Contract for the Quarry Road Improvements Project Title: Approval of Contract Number C17166566 With O'Grady Paving, Inc in the Amount of $686,290 for the Construction of the Quarry Road Improvements and Transit Center Access Project and Finding of Exemption From the California Environmental Quality Act From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council approve the following actions related to the award of the Transit Center Access Project (a portion of PL-16000): 1. Authorize the City Manager or his designee to execute the attached construction contract with O’Grady Paving, Inc. (Attachment A) in an amount not to exceed $623,900 for the Based Bid elements Transit Center Access Project; 2. Authorize City Manager or his designee to negotiate and execute one or more change orders to the contract with O’Grady Paving, Inc. for related, unforeseen work, which may develop during the project, for a total value of not to exceed $62,390, or 10% of the Based Bid work, bringing the total construction contract award total to $686,290; and 3. Find that the project was anticipated by the Stanford University Medical Center (SUMC) Final Environmental Impact Report (EIR) and involves minor changes to an existing facility, such that it does not require further environmental review under the California Environmental Quality Act (CEQA). Background City of Palo Alto Page 2 The August 2011 Development Agreement between Stanford Hospital and Clinics, the Lucile Salter Packard Children’s Hospital at Stanford, the Board of Trustees of the Leland Stanford Junior University and the City of Palo Alto obligated the City to design and construct enhancements of various pedestrian and bicycle connections between the Palo Alto Intermodal Transit Center and the Stanford University Medical Campus (SUMC). These improvements are to implement the required mitigation specified in the Development Agreement to provide for an improved connection to the Transit Center for pedestrians and bicyclists as the hospital uses intensify. Stanford provided funds for these projects. Specifically, the agreement called for: 1) Improvements to and within the public right of way to enhance the pedestrian and bicycle connection from the west side of El Camino Real to Welch Road, including urban design elements and way finding, wider bicycle lanes, as necessary on Quarry Road, enhanced transit nodes for bus and/or shuttle stops, and prominent bicycle facilities; and 2) Improvements to Enhance the Pedestrian and Bicycle Connection from the Palo Alto Intermodal Transit Center to the existing intersection at El Camino Real and Quarry Road, including development of an attractive, landscaped passive park/green space with a clearly marked and lighted pedestrian pathway, benches and flower borders. The second item would be completed as part of the current contract and is proposed to provide a safe, clear, and directly connected pathway system for travel by both bicyclists and pedestrians from the Transit Center to Quarry Road. On January 11, 2016, Council approved a contract (ID 6398) with Siegfried Engineering for design services for the Quarry Road Improvement & Transit Center Access Project and on June 20, 2016 (ID 6838) Council approved the concept plans and authorized staff to proceed with final construction documents to be constructed prior to the Hospital Occupancy Permit, which is expected in Summer 2017. The proposed design of the path provides a smooth and direct transition between the existing El Camino Park bike path, the crosswalk area, and the direct connection to the Transit Center. Bicyclists and pedestrians are provided new and updated visible wayfinding signage at key transition nodes to help them navigate to their desired destinations. The entire pathway system is to be lit by LED pathway lights to meet the minimum safety standards. The plant material will be harmonious and compatible with the newly installed plants located at the adjacent El Camino Park. The plants will be drought tolerant and irrigated with a drip system. While the improvements are being constructed of durable materials, they are considered “temporary” in the sense that they can be replaced during any future reconfiguration of the transit center as a whole. City of Palo Alto Page 3 Associated improvements to Quarry Road between El Camino Real and Welch Road include striping modifications to enhance the pedestrian and bicycle connection from the west side of El Camino Real to Welch Road. Improvements include but are not limited to wayfinding signs, wider bicycle lanes, as necessary, enhanced transit nodes for bus and/or shuttle stops, and prominent bicycle facilities. The proposed plans incorporate these elements along Quarry Road by providing additional striping and green bicycle lanes to help identify the buffered bicycle lanes and to highlight any potential conflict areas between vehicles, transit and bicyclists along the corridor. In addition, striped crosswalks are also added at each intersection to highlight high pedestrian activity in the area. Staff was informed in July that there is potentially a need to trench along Quarry Road to increase electrical capacity for the Medical Center. While the temporary transit center path will be completed on schedule, construction of the Quarry Road Striping improvements will be delayed until after the trenching is complete (or until after it is determined that trenching is not required) and will therefore not be completed as part of the current transit center pathway construction contract. A subsequent contract will be brought to the City Council before this work is scheduled to begin. Discussion On November 1, 2016, a notice inviting formal bids (IFB) for Quarry Road Improvement & Transit Center Access Project was posted on Planet Bids. The bidding period was 28 calendar days. Bids were received from 3 qualified contractors on November 29, 2016. A Bid Summary is included in Attachment B. Summary of Bid Process Bid Name/Number Quarry Road Improvement &Transit Center Access Project Proposed Length of Project 120 calendar days Total Days to Respond to Bid 28 Pre-Bid Meeting? No Number of Bids Received: 3 Base Bid Price Range From a low of $623,900 to a high of $789,246 Base bids ranged from a low of $623,900 to a high of $789,246. The higher bids are indicative of a changing economic climate and many local construction projects are quickly driving up construction prices. Staff has reviewed all bids submitted and recommends that the base bid totaling $623,900 submitted by O’Grady Paving, Inc. be accepted and that O’Grady Paving be declared the lowest City of Palo Alto Page 4 responsible bidder. The change order amount of $62,390 which equals 10 percent of the total contract is requested for related, additional, but unforeseen work which may develop during the project, bring the total contract to $686,290. O’Grady Paving, Inc. has previous experience working with the City of Palo Alto on many Public Works projects. Staff has also checked with the Contractor's State License Board and found that the contractor has an active license on file. Timeline Upon Counil approval and following Notice to Proceed to the Contractor, the City anticipates approximately a 4 month construction phase for the project. Resource Impact Funds for the construction of the park pathway connection and required staff time for Public Works, Utilities and Parks Dept. inspections, are available in the project CIP (PL- 16000) in the 2017 Adopted Capital Improvement budget. The CIP is primarily funded by the August 2011 Development Agreement between Stanford Hospital and Clinics, the Lucile Salter Packard Children’s Hospital at Stanford, the Board of Trustees of the Leland Stanford Junior University and the City of Palo Alto. The agreement obligated the City to design and construct enhancements of various pedestrian and bicycle connections between the Palo Alto Intermodal Transit Center and the Stanford University Medical Campus (SUMC) and provided funding for this purpose (over $2 Million for the transit center and about $400K for improvements along Quarry Road). Since bids for the park pathway came in higher than anticipated, staff will recommend additional funding from the SUMC Intermodal Transit Funds through the Fiscal Year 2018 Capital Budget process for the improvements to Quarry Road portion of CIP PL- 16000. Policy Implications The following Comprehensive Plan goals and policies support the Quarry Road Improvements & Transit Center Access Project: Goal T-3: Facilities, Services, and Programs that encourage and promote walking and bicycling. Goal T-4: An efficient roadway network for all users. Policy T-14: Improve pedestrian and bicycle access to and between local destination, including public facilities, schools, parks, open space, employments district, shopping centers, and mulit modal transit stations. City of Palo Alto Page 5 Policy T-29: Make effective use of the traffic-carrying ability of Palo Alto’s major street network without compromising the need of pedestrians and bicyclists also using this network. Environmental Review This project was identified as a mitigation measure as part of the Stanford University Medical Center expansion Final Environmental Impact Report and consists of minor improvements within and adjacent to existing public streets, which fall within the Class One (Existing Facilities) exemption provided in Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. No additional environmental review is required for approval of the construction of this project. Attachments: Attachment A: C17166566 OGRADY Quarry Road Transit Center Contract (PDF) Attachment B: Bid Summary Sheet (PDF) Invitation for Bid (IFB) Package 1 Rev. April 27, 2016 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT Contract No. C17166566 City of Palo Alto PALO ALTO TRANSIT CENTER BICYCLE & PEDESTRIAN PATHWAY CONNECTION PROJECT Invitation for Bid (IFB) Package 2 Rev. April 27, 2016 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….…………..6 1.1 Recitals…………………………………………………………………………………………………………………….6 1.2 Definitions……………………………………………………………………………………………………………….6 SECTION 2 THE PROJECT………………………………………………………………………………………………………...6 SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..7 3.1 List of Documents…………………………………………………………………………………………….........7 3.2 Order of Precedence……………………………………………………………………………………………......7 SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8 4.1 Contractor's Duties…………………………………………………………………………………………………..8 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8 5.1 Contractor's Co-operation………………………………………………………………………………………..8 SECTION 6 TIME OF COMPLETION…………………………………………………………………………………….......8 6.1 Time Is of Essence…………………………………………………………………………………………………….8 6.2 Commencement of Work…………………………………………………………………………………………8 6.3 Contract Time…………………………………………………………………………………………………………..8 6.4 Liquidated Damages…………………………………………………………………………………………………8 6.4.1 Other Remedies……………………………………………………………………………………………………..9 6.5 Adjustments to Contract Time………………………………………………………………………………….9 SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………………………………….9 7.1 Contract Sum……………………………………………………………………………………………………………9 7.2 Full Compensation……………………………………………………………………………………………………9 SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9 8.1 Standard of Care…………………………………………………………………………………..…………………9 SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..…10 9.1 Hold Harmless……………………………………………………………………………………………………….10 9.2 Survival…………………………………………………………………………………………………………………10 SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………10 10.1 Municipal Code Requirement…………….………………………………..……………………………….10 SECTION 11 INSURANCE AND BONDS.…………………………………………………………………………………10 Invitation for Bid (IFB) Package 3 Rev. April 27, 2016 CONSTRUCTION CONTRACT 11.1 Evidence of Coverage…………………………………………………………………………………………..10 SECTION 12 PROHIBITION AGAINST TRANSFERS…………………………………………………………….…11 12.1 Assignment………………………………………………………………………………………………………….11 12.2 Assignment by Law.………………………………………………………………………………………………11 SECTION 13 NOTICES …………………………………………………………………………………………………………….11 13.1 Method of Notice …………………………………………………………………………………………………11 13.2 Notice Recipents ………………………………………………………………………………………………….11 13.3 Change of Address……………………………………………………………………………………………….12 SECTION 14 DEFAULT…………………………………………………………………………………………………………...12 14.1 Notice of Default………………………………………………………………………………………………….12 14.2 Opportunity to Cure Default…………………………………………………………………………………12 SECTION 15 CITY'S RIGHTS AND REMEDIES…………………………………………………………………………..12 15.1 Remedies Upon Default……………………………………………………………………………………….12 15.1.1 Delete Certain Services…………………………………………………………………………………….12 15.1.2 Perform and Withhold……………………………………………………………………………………..13 15.1.3 Suspend The Construction Contract…………………………………………………………………13 15.1.4 Terminate the Construction Contract for Default………………………………………………13 15.1.5 Invoke the Performance Bond………………………………………………………………………….13 15.1.6 Additional Provisions……………………………………………………………………………………….13 15.2 Delays by Sureties……………………………………………………………………………………………….13 15.3 Damages to City…………………………………………………………………………………………………..14 15.3.1 For Contractor's Default…………………………………………………………………………………..14 15.3.2 Compensation for Losses…………………………………………………………………………………14 15.4 Suspension by City……………………………………………………………………………………………….14 15.4.1 Suspension for Convenience……………………………………………………………………………..14 15.4.2 Suspension for Cause………………………………………………………………………………………..14 15.5 Termination Without Cause…………………………………………………………………………………14 15.5.1 Compensation………………………………………………………………………………………………….14 15.5.2 Subcontractors………………………………………………………………………………………………..15 15.6 Contractor’s Duties Upon Termination………………………………………………………………...15 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES……………………………………………………………16 16.1 Contractor’s Remedies……………………………………..………………………………..………………….16 Invitation for Bid (IFB) Package 4 Rev. April 27, 2016 CONSTRUCTION CONTRACT 16.1.1 For Work Stoppage……………………………………………………………………………………………16 16.1.2 For City's Non-Payment…………………………………………………………………………………….16 16.2 Damages to Contractor………………………………………………………………………………………..16 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…16 17.1 Financial Management and City Access………………………………………………………………..16 17.2 Compliance with City Requests…………………………………………………………………………….17 SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..17 18.1 Status of Parties……………………………………………………………………………………………………17 SECTION 19 NUISANCE……………………………………………………………………………………………………….…17 19.1 Nuisance Prohibited……………………………………………………………………………………………..17 SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………….17 20.1 Payment of Fees…………………………………………………………………………………………………..17 SECTION 21 WAIVER…………………………………………………………………………………………………………….17 21.1 Waiver………………………………………………………………………………………………………………….17 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS……………………………….18 22.1 Governing Law…………………………………………………………………………………………………….18 22.2 Compliance with Laws…………………………………………………………………………………………18 22.2.1 Palo Alto Minimum Wage Ordinance…………….………………………………………………….18 SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………18 23.1 Integration………………………………………………………………………………………………………….18 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..18 24.1 Survival of Provisions……………………………………………………………………………………………18 SECTION 25 PREVAILING WAGES………………………………………………………………………………………….18 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………….19 26.1 Appropriation………………………………………………………………………………………………………19 SECTION 27 AUTHORITY……………………………………………………………………………………………………….19 27.1 Representation of Parties…………………………………………………………………………………….19 SECTION 28 COUNTERPARTS………………………………………………………………………………………………..19 28.1 Multiple Counterparts………………………………………………………………………………………….19 SECTION 29 SEVERABILITY……………………………………………………………………………………………………19 29.1 Severability………………………………………………………………………………………………………….19 SECTION 30 STATUTORY AND REGULATORY REFERENCES …………………………………………………..19 Invitation for Bid (IFB) Package 5 Rev. April 27, 2016 CONSTRUCTION CONTRACT 30.1 Amendments of Laws…………………………………………………………………………………………..19 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….….19 31.1 Workers Compensation…………………………………………………………………………………….19 SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS………………………………..…20 32.1 General Notice to Contractor…………………………………………………………………………….20 32.2 Labor Code section 1771.1(a)…………………………………………………………………………….20 32.3 DIR Registration Required…………………………………………………………………………………20 32.4 Posting of Job Site Notices…………………………………………………………………………………20 32.5 Payroll Records…………………………………………………………………………………………………20 Invitation for Bid (IFB) Package 6 Rev. April 27, 2016 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on January 9, 2016 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and O’Grady Paving Inc. ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a California corporation duly organized and in good standing in the State of California, Contractor’s License Number 201696 and Department of Industrial Relations Registration Number 1000003381. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On November 1, 2016, City issued an Invitation for Bids (IFB) 166566 to contractors for the PALO ALTO TRANSIT CENTER BICYCLE & PEDESTRIAN PATHWAY CONNECTION PROJECT (“Project”). In response to the IFB, Contractor submitted a Bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is an improved bicycle /pedestrian pathway including lighting, landscaping and signing & striping elements. Project, located at Behind the Transit Center, near the intersection of El Camino Real and Quarry Road, Palo Alto, CA. Invitation for Bid (IFB) Package 7 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Orders 3) Contract 4) Bidding Addenda 5) Special Provisions 6) General Conditions 7) Project Plans and Drawings 8) Technical Specifications 9) Instructions to Bidders 10) Invitation for Bids 11) Contractor's Bid/Non-Collusion Declaration 12) Reports listed in the Contract Documents 13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid) 14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid) 15) City of Palo Alto Traffic Control Requirements 16) City of Palo Alto Truck Route Map and Regulations 17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 18) Performance and Payment Bonds 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. Invitation for Bid (IFB) Package 8 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 4 CONTRACTOR’S DUTY. 4.1 Contractor’s Duties Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. SECTION 5 PROJECT TEAM. 5.1 Contractor’s Co-operation. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed within 120 calendar days () after the commencement date specified in City’s Notice to Proceed. By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion. 6.4 Liquidated Damages. Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of Five Hundred dollars ($500.00) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, Invitation for Bid (IFB) Package 9 Rev. April 27, 2016 CONSTRUCTION CONTRACT including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of City’s right to assess liquidated damages. 6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of Six Hundred Twenty Three Thousand Nine Hundred Dollars ($623,900.00). 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents. SECTION 8 STANDARD OF CARE. 8.1 Standard of Care. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. Invitation for Bid (IFB) Package 10 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party claim relating to the Contract. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NON-DISCRIMINATION. 10.1 Municipal Code Requirement. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor 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 will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. 11.1 Evidence of coverage. Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Invitation for Bid (IFB) Package 11 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 12 PROHIBITION AGAINST TRANSFERS. 12.1 Assignment. City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. 12.2 Assignment by Law. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice to Recipients. All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Planning & Community Environment Department Transportation Division 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Shahla Yazdy Invitation for Bid (IFB) Package 12 Rev. April 27, 2016 CONSTRUCTION CONTRACT In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be delivered personally or sent by certified mail. All notices, demands, requests or approvals from City to Contractor shall be addressed to: O’Grady Paving Inc. 2513 Wyandotte Street Mountain View, CA 94043 13.3 Change of Address. In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DEFAULT. 14.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety. 14.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. SECTION 15 CITY'S RIGHTS AND REMEDIES. 15.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: 15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. Invitation for Bid (IFB) Package 13 Rev. April 27, 2016 CONSTRUCTION CONTRACT 15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. 15.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. 15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 15.2 Delays by Sureties. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. Invitation for Bid (IFB) Package 14 Rev. April 27, 2016 CONSTRUCTION CONTRACT 15.3 Damages to City. 15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City. 15.4 Suspension by City 15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 15.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor. 15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. Invitation for Bid (IFB) Package 15 Rev. April 27, 2016 CONSTRUCTION CONTRACT .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated. 15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. 15.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. Invitation for Bid (IFB) Package 16 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES. 16.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. 16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. 16.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS. 17.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. Invitation for Bid (IFB) Package 17 Rev. April 27, 2016 CONSTRUCTION CONTRACT 17.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. 18.1 Status of parties. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 19 NUISANCE. 19.1 Nuisance Prohibited. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 20 PERMITS AND LICENSES. 20.1 Payment of Fees. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. 21.1 Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. Invitation for Bid (IFB) Package 18 Rev. April 27, 2016 CONSTRUCTION CONTRACT SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS. 22.1 Governing Law. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place. 22.2 Compliance with Laws. Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Construction Contract. 22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, Contractor 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, Contractor shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 23 COMPLETE AGREEMENT. 23.1 Integration. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. 24.1 Survival of Provisions. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the public works contract does not include a project of $25,000 or less, when the project is for construction work, or the contract does not include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance (collectively, ‘improvement’) work. Or Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be Invitation for Bid (IFB) Package 19 Rev. April 27, 2016 CONSTRUCTION CONTRACT obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. SECTION 26 NON-APPROPRIATION. 26.1 Appropriations. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, 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 Construction Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 27 AUTHORITY. 27.1 Representation of Parties. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 28 COUNTERPARTS 28.1 Multiple Counterparts. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. SECTION 29 SEVERABILITY. 29.1 Severability. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. 30.1 Amendments to Laws. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, unless otherwise required by law. SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. 31.1 Workers Compensation. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the Invitation for Bid (IFB) Package 20 Rev. April 27, 2016 CONSTRUCTION CONTRACT provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS. 32.1 General Notice to Contractor. City requires Contractor and its listed subcontractors to comply with the requirements of SB 854. 32.2 Labor Code section 1771.1(a) City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 32.3 DIR Registration Required. City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. 32.4 Posting of Job Site Notices. City gives notice to Contractor and its listed subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to SB 854-compliance monitoring and enforcement by DIR. 32.5 Payroll Records. City requires Contractor and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: (i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its listed subcontractors, in connection with the Project. (ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its listed subcontractors, respectively. (iii) At the request of City, acting by its project manager, Contractor and its listed subcontractors shall make the certified payroll records available for inspection Invitation for Bid (IFB) Package 21 Rev. April 27, 2016 CONSTRUCTION CONTRACT or furnished upon request to the project manager within ten (10) days of receipt of City’s request. City requests Contractor and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. (iv) If the certified payroll records are not produced to the project manager within the 10-day period, then Contractor and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof. (v) Inform the project manager of the location of contractor’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO APPROVED AS TO FORM: O’GRADY PAVING INC. Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: PROJECT BID SUMMARY O'Grady Paving, Inc Guerra Construction Group CF Contracting, Inc Bid Item Unit Description Total Price Total Price Total Price 1 LS Mobilization $38,000 $31,000 $50,000 2 LS Traffic Control $50,000 $40,000 $50,000 3 LS Erosion Control and SWPPP $10,000 $15,000 $5,000 4 LS Demolition and Removal $65,000 $165,000 $94,750 5 EA Tree Removal and Stump Grinding $4,500 $4,500 $3,939 6 LS Tree Trimming $5,000 $6,000 $5,750 7 LS Striping and Signage $17,000 $35,000 $25,000 8 EA Bollard $4,500 $1,500 $3,375 9 LS Asphalt $35,000 $24,000 $40,000 10 LS Decomposed Granite Pathway $50,000 $18,000 $39,000 11 LS Concrete $35,000 $32,000 $38,125 12 LS Pervious Concrete Pavement $37,000 $30,000 $33,307 13 LS Pathway Lighting $87,000 $74,000 $100,000 14 LS Storm Drainage $10,000 $6,000 $25,000 15 LS Irrigation $71,000 $71,000 $100,000 16 LS Landscape Boulders $11,000 $11,000 $15,000 17 EA Benches $9,900 $4,800 $30,000 18 LS Recycled Bark Mulch $9,000 $9,000 $25,000 19 LS Planting $22,000 $22,000 $50,000 20 LS Project path materials $50,000 $50,000 $50,000 21 LS Landscape Maintenance (90 Day)$3,000 $3,000 $6,000 TOTAL $623,900 $652,800 $789,246 PALO ALTO TRANSIT CENTER & PEDESTRIAN PATHWAY CONNECTION PROJECT City of Palo Alto (ID # 7546) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: Amendment to Contract C15157160 with Traffic Data Services to extend the term Title: Approval of Amendment Number 1 to Contract Number C15157160 With Traffic Data Services to Extend the Term Until June 30, 2019 for Provision of On-Call Traffic Data Collection Services From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council authorize the City Manager to execute Amendment One (Attachment A) to Contract C15157160 with Traffic Data Services to extend the term until June 30, 2019 for provision of On-Call Traffic Data Collection Services. Background The Planning and Community Environment Department utilizes a traffic data collection contractor to collect traffic speed and volume data, peak-hour turning movement counts at intersections, bicycle and pedestrian counts and parking occupancy surveys. This information is necessary for the Transportation Division to complete Council-priority projects, capital improvement program projects and Palo Alto 311 service requests, implement traffic signal timing changes, and monitor the performance of the City’s surface transportation network and various ongoing transportation programs. Discussion In February 2015, Council approved a contract with Traffic Data Services for the provision of on- call data collection services until June 30, 2016. This contract supports traffic data collection efforts that cannot be completed by Planning and Community Environment Department or Public Works Department staff. In order to provide continuity in data collection, Staff is requesting that the Council approve the attached amendment extending the term of the existing contract for another three years. No additional funding is required. Timeline Traffic counting efforts are ongoing on an as-needed basis. Staff will issue task orders to Traffic Data Services as required. City of Palo Alto Page 2 Resource Impact The current contract amount of $100,000 is sufficient and fully budgeted. The unexpended balance is currently $65,810. No additional resources are required at this time. Policy Implications The City's Comprehensive Plan recommends that traffic safety be among the City's top priorities. This contract is consistent with the following Comprehensive Plan goals: T-4: An Efficient Roadway Network for All Users and Goal T-6: A High Level of Safety for Motorists, Pedestrians, and Bicyclists on Palo Alto Streets. Environmental Review Approving this Contract Amendment and the associated expenditure of funds is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15306 in that it can be seen with certainty that the work expected of the consultant, including collection of traffic data will not have a significant effect on the environment. Attachments: Amendment 1_Contract No C15157160 1 Revision July 20, 2016 AMENDMENT NO. 1 TO CONTRACT NO. C15157160 BETWEEN THE CITY OF PALO ALTO AND TRAFFIC DATA SERVICE This Amendment No. 1 to Contract No. C15157160 (“Contract”) is entered into December 19, 2016, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TRAFFIC DATA SERVICE, a sole proprietorship, located at 1386 White Oaks Road, Suite 1, Campbell, California, 95008, Telephone Number: (408) 377-2998 (“CONTRACTOR”). R E C I T A L S A. The Contract was entered into between the parties for the provision of conducting traffic data collection. B City intends to extend the term to June 30, 2019. C. The parties wish to amend the Contract. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 3 TERM is hereby amended to read as follows: “TERM. The term of this Agreement is from February 16, 2015 to June 30, 2019 inclusive, subject to the provisions of Sections Q and V of the General Terms and Conditions.” SECTION 2. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO APPROVED AS TO FORM: TRAFFIC DATA SERVICE DocuSign Envelope ID: CC15A3FC-6371-481F-A47F-FD9231ECC4BC Bob Van Boening Manager Certificate Of Completion Envelope Id: CC15A3FC6371481FA47FFD9231ECC4BC Status: Completed Subject: Please DocuSign: C15157160 Traffic Data Service Amendment No. 1.doc Source Envelope: Document Pages: 1 Signatures: 1 Envelope Originator: Certificate Pages: 2 Initials: 0 Christopher Anastole AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 chris.anastole@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 11/23/2016 2:00:16 PM Holder: Christopher Anastole chris.anastole@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Bob Van Boening tdsbay@cs.com Manager Security Level: Email, Account Authentication (None)Using IP Address: 73.158.6.196 Sent: 11/23/2016 2:05:45 PM Resent: 11/29/2016 12:42:26 PM Viewed: 11/28/2016 1:46:20 PM Signed: 11/29/2016 1:02:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jeffery Heckathorn Jeffery.Heckathorn@CityofPaloAlto.org Administrative Associate III City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 11/23/2016 2:05:46 PM Viewed: 11/30/2016 5:15:34 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Ruchika Aggarwal Ruchika.Aggarwal@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Sent: 11/23/2016 2:05:46 PM Viewed: 11/23/2016 2:10:10 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/29/2016 12:42:26 PM Certified Delivered Security Checked 11/28/2016 1:46:21 PM Signing Complete Security Checked 11/29/2016 1:02:29 PM Completed Security Checked 11/29/2016 1:02:29 PM City of Palo Alto (ID # 7548) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: 900 N California Ave Appeal Title: 900 N. California Avenue [15PLN-00155]: Denial of the Appeal of the Planning and Community Environment Director's Architectural Review Approval of Three new Single-Family Homes, one With a Second Unit. Environmental Review: Categorically Exempt per CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures), Zoning District: R-1 From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council uphold the Director’s approval of an Architectural Review application, thereby denying the appeal. Executive Summary The applicant received approval last year to subdivide a large R-1 zoned property into three lots. The applicant proposes to demolish three existing homes on that property, which would be replaced by three new homes; one of the new homes would have a second dwelling unit. Typically, new home development is reviewed by city staff. However, when an application to construct three or more new homes is filed, the Code requires additional review by the Architectural Review Board (ARB), which forwards a recommendation to the Director. Following ARB review, the Director approved the proposed homes in November. This decision was appealed necessitating review before the City Council. The appellant’s reason for the appeal is provided in Attachment B and summarized as: The appellant states that not one of the neighbors within 600 feet of the project site received notice of the ARB Public Hearing. The appellant believes that residents have not had an opportunity to comment on issues related to: City of Palo Alto Page 2 o Management of heavy commuter and school/bicycle traffic twice daily and construction worker parking. o The impact of dewatering three units simultaneously. o Ongoing monitoring and contact personnel for ad hoc communications from residents. o Remedy the current inadequate on site signage that needs to be expanded for notifying the general neighborhood of the construction on site. o Shared driveway between Site 2 and Site 3. The City Council may accept this report and adopt the staff recommendation on Consent, thereby denying the appeal and accepting the Director’s decision based on the information contained herein. Alternatively, if three or more City Councilmembers request, the matter can be pulled from the Consent calendar and scheduled for a future noticed public hearing (approximately 6-8 weeks from this Council date). Included with this report are all relevant records, including the Director’s determination letter (Attachment D) and an excerpt of the verbatim transcript of the ARB meeting (Attachment C). Background The proposed project is an Architectural Review of three single family homes. Typically, single family homes are reviewed by City staff for conformance with the Individual Review Guidelines (PAMC 18.12.110) and processed in accordance with the Low-Density Residential Review Process (PAMC 18.77.075). However, three or more single family homes proposed at one time require review by the City’s Architectural Review Board (PAMC 18.76.020(b)(2)(c)) and an ultimate decision by the Director of Planning and Community Environment. The Directors decision can be appealed to the City Council. The project site contains three existing homes on one lot with three different addresses. The project would demolish these homes and construct one new single family home on each parcel. The largest of the three parcels would be developed with a second dwelling unit. The proposed homes are all two-stories with basements. Each home contains below grade patios and light wells to allow light into the basements. Houses range in size from approximately 3,100 square feet to almost 4,000 square feet (sf). The homes are generally a traditional architectural style with contemporary Colonial Revival architectural elements. Louis Road provides access to Lot 1; Lots 2 and 3 are accessed from California Avenue. A detailed description of the proposed project is included in Attachment I. The City’s Architectural Review Board reviewed and recommended approval to the Director of Planning and Community Environment on September 15, 2016. Their motion included a condition to return to the ARB subcommittee with revisions as described below. The Director City of Palo Alto Page 3 signed the determination letter on November 1, 2016. The Palo Alto Municipal Code provides 14 days to file an appeal, and a timely appeal was filed on November 15, 2016. A discussion of the September 15, 2016 hearing is provided below. Accompanying the request for Architectural Review was a parcel map to subdivide the property into three lots for each of the single family homes. This parcel map requested an exception to the PAMC for one of the lots to exceed the minimum lot size. This project was reviewed by the City’s Planning and Transportation Commission on October 26, 2016, which unanimously recommended conditional approval to the City Council. The City Council reviewed the proposed parcel map on November 14, 2016. The Council added conditions to the parcel map which required the accessory dwelling unit and garage to be setback eight-feet from all property lines and that the applicant submit a geotechnical report that considered the simultaneous dewatering of site for the proposed homes. With these conditions, the Council voted to approve the project at the November 14, 2016 hearing. ARB Review and Recommendation The ARB reviewed the project plans and oral testimony from the applicant at a public hearing on September 15, 2016. Members of the public did not attend the meeting to provide comments. The ARB discussed the aesthetic quality of the project, access width of the driveway on lot 3 and the location and architectural style of the homes, garage and accessory dwelling unit on lot 3. The ARB requested that the applicant return to a subcommittee of the ARB to review the driveway width on lot 3 and the style and positioning of the detached garage and accessory dwelling unit. The ARB transcript of the meeting is provided in Attachment C. The applicant has recently modified the project plans in response to the Board’s direction and those plans are the ones included in this report. Specifically changes from the director approved plans and the plans included in this packet include the following: The home on lot 3 is setback 12 feet from the property line at 920 N. California Ave. This space affords a landscape buffer and 11 foot driveway. In response to the Council’s direction, the accessory dwelling unit and garage are setback eight feet from all property lines. The accessory dwelling unit has a window header height of six-foot nine-inches, which is less than the seven-foot tall fence along the property lines. The applicant also incorporated landscape screening between the fence and homes to enhance the level of privacy. The accessory dwelling unit and detached garage incorporated similar design elements as the main residence on lot 3. Discussion The appellants are Beatrix Cashmore, the property owner of 928 N. California Avenue and City of Palo Alto Page 4 Nicholas Kaposhilin of 936 N. California Avenue. Below is a summary of key appeal statements and information about the issues raised in the appeal, followed by initial staff comments. If the appeal is granted and the Council elects to schedule this item for a noticed public hearing, the Council would conduct a “de novo” hearing, which means it may consider any of the issues raised by appellants or any other issue related to architectural review. Appeal Comment 1: The appellant suggests improper public noticing of the ARB hearing on September 15, 2016. Staff Response: The proposed project is subject to the City’s public noticing requirements. The Palo Alto Municipal Code requires notice of a 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. Mailed notice was sent on September 2, 2015, 13 days prior to the hearing. Notice of the hearing was published in the September 2, 2016 edition of the Palo Alto Weekly, 13 days in advance of the hearing. The hearing agenda was also available online on the city’s website and posted at the information kiosk at city hall. Attachments E and F contain an excerpt from the city’s mailing list and includes the appellant’s information. An affidavit attesting to proper noticing is also included in this attachment. Based on the foregoing, staff has concluded the project met and exceeded the standard noticing requirements. Staff is unable to attest as to whether the appellant actually received the notice, which is subject to other variables beyond the city’s control, including proper postal delivery and what an individual or family member does with the notice and the amount of attention paid to the notice when received. Appeal Comment 2: The appellant suggests input from local residents is required regarding management of potentially disruptive or unsafe effects on the neighborhood and should be addressed in collaboration with project planners. Staff Response: This is an understandable comment since the appellant reports not being informed about the project. In most instances, local residents would become informed of the project through site posting and mailed notices, which provides an opportunity for interested persons to offer comments about the project and to express concerns about potential impacts. The city also uses an online service to sign up for email notification of planning projects in their neighborhood (https://paloalto.buildingeye.com/planning). City of Palo Alto Page 5 While the appellant’s concerns were not expressed prior to the determination letter, the city routinely evaluates projects from a multi-disciplinary perspective receiving comments from the city’s planning, building, public works, utilities, fire, urban forestry, and legal departments. This particular project was approved based on a number of standard conditions intended to minimize the disruptive impacts of construction. Additionally, a few special conditions were added to this approval determination to address the unique nature of three sites being developed at one time. Some of these special and standard conditions are provided below that related to this issue: Condition #59: The applicant and contractor shall submit a construction logistics plan to the Public Works Department that addresses all impacts to the City’s right-of-way, including, but not limited to: o Pedestrian control o Traffic control o Truck routes o Material deliveries o Contractor’s parking o On-site staging and storage areas o Concrete pours o Crane lifts o Work hours o Noise control o Dust control o Storm water pollution prevention o Contractor’s contact. This plan is required to be prepared and submitted for review by the City along the Rough Grading and Excavation Permit. Plot the construction fence, entrances, shoring, limits of over excavation, construction workers parking area, staging and storage areas within the private site for equipment and material. The plan is also required to include notes as indicated on the approved Truck Route Map for construction traffic to and from the site, and how the bike lane will remain accessible during construction Condition # 64: Provide the following note on the Site Plan and adjacent to the work within the Public road right-of-way. “Any construction within the city’s public road right- of-way shall have an approved Permit for Construction in the Public Street prior to commencement of this work. THE PERFORMANCE OF THIS WORK IS NOT AUTHORIZED City of Palo Alto Page 6 BY THE BUILDING PERMIT ISSUANCE BUT SHOWN ON THE BUILDING PERMIT FOR INFORMATION ONLY.” Condition # 66: Contractor shall not stage, store, or stockpile any material or equipment within the public road right-of-way.” Construction phasing shall be coordinate to keep materials and equipment onsite. Further, the parcel map approved by the City Council includes conditions to setback the accessory dwelling unit and perform geotechnical assessment of the simultaneous effects of dewatering. These conditions also include the logistics plan previously mentioned. Appeal Comment 3: Management of heavy commuter and school/bicycle traffic twice daily at the construction site plus parking for construction workers Staff Response: This is related to the above comment. This specific issue will be addressed by the construction logistics plan that will be reviewed by the public works and transportation departments. Transportation’s review in particular will address operational constraints related to safe routes to school, pedestrian and bicycle safety as well as use of flag persons, parking management and other requirements. The construction logistics plan will also be reviewed by City and School Traffic Safety Committee for their expertise in creating a plan that ensures safe school routes. Appeal Comment 4: A new geotechnical study to assess the aggregate impact of dewatering three units simultaneously Staff Response: There has been increased community interest on the impacts of dewatering associated with the construction of basements in the city’s residential neighborhoods. In response, the city’s public works department has established certain reporting and analysis requirements for projects involving dewatering. The city’s Policy and Services Committee recently held a community meeting on this topic and some additional measures and requirements are being explored. As noted earlier, the public works department has reviewed the proposed project. The project includes a specific condition that requires a geotechnical report. Specifically, the condition requires the following: Condition of Approval 53 – Dewatering: City of Palo Alto Page 7 o Public Works only allows groundwater drawdown well dewatering. Open pit groundwater dewatering is not allowed. Dewatering is only allowed from April through October due to inadequate capacity in our storm drain system. o The geotechnical report for this site must list the highest anticipated groundwater level. o Based on the determined groundwater depth and season the contractor may be required to dewater the site or stop all grading and excavation work. In addition Public Works may require that all groundwater be tested for contaminants prior to initial discharge and at intervals during dewatering. o Public Works reviews and approves dewatering plans as part of a Street Work Permit. The applicant can include a dewatering plan in the building permit plan set in order to obtain approval of the plan during the building permit review, but the contractor will still be required to obtain a street work permit prior to dewatering. Alternatively, the applicant must include the above dewatering requirements in a note on the site plan. Public Works has a sample dewatering plan sheet and dewatering guidelines available at the Development Center and on the City’s website at. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp The following links are included to assist the applicant with dewatering requirements. http://www.cityofpaloalto.org/civicax/filebank/documents/30978 http://www.cityofpaloalto.org/civicax/filebank/documents/51366 http://www.cityofpaloalto.org/civicax/filebank/documents/47388 It is anticipated that this review combined with standard practices and the department’s evolving policies on this topic will ensure that dewatering impacts will be minimized. Appeal Comment 5: Remedying the inadequate onsite signage notifying residents of the proposed project Staff Response: As noted and as included in Attachment G, the project site contains onsite signage as required by the municipal code. In addition, the PAMC requires notice of the hearing to be given at least 10 days prior to the hearing by publication in a local newspaper, by posting in a public place, and by mailing to the applicant, the hearing requestor, if applicable, and all residents and owners of property within 600 feet of the project. The notice is required to include the address of the property, a brief description of the proposed project, and the date and time of the hearing. While there could be an argument for evaluating the city’s noticing procedures, including on-site posting requirements, staff believes the project complied with the applicable noticing requirements. City of Palo Alto Page 8 Appeal Comment 6: Discussion regarding shared driveway for lots 2 and 3 to increase the permeable surface. Staff Response: The proposed driveways for the project utilize the existing driveway locations already on the subject property. This proposal minimizes the amount of earthwork, grading and site alterations to City streets and sidewalks. The existing driveways consist of impermeable surfaces. The project proposes that the driveway on Lot 3 will be a permeable driveway. Therefore, the project increases the permeability of the existing driveways onsite. Further, sharing a driveway presents potential conflicts between neighbors and would require a reciprocal access agreement. In addition, our Code disfavors flag lots in residential areas in part to minimize future neighbor disputes. Ultimately, the proposal conforms to the Zoning Code requirement of 60% permeable surface in the front setback (18.12.040(h)) and improves the existing condition by increasing permeability on the site. 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 project is exempt from CEQA pursuant to Section 15303(a) (New Construction or Conversion of Small Structures). The project includes a proposal to construct three new single family homes. The proposed homes are located in an urbanized area on a site used continuously for residential purposes by three existing single- family homes. The proposed exemption allows for the construction of up to three homes in an urbanized area. Therefore, the project is consistent with the subject exemption. Public Comments As of the writing of this report, no project-related, public comments were received beyond the appeal letter. Alternative Actions In addition to the recommended action, the City Council may: 1. Remove the project from consent and continue the hearing to March 13, 2017. Attachments: Attachment A: Location Map (PDF) Attachment B: Appeal Letter (PDF) Attachment C: ARB Minutes for September 15, 2016 (DOC) Attachment D: Signed Approval Letter and Conditions of Approval (PDF) Attachment E: Hearing Notice Cards (PDF) Attachment F: Notice of Director's Decision (PDF) City of Palo Alto Page 9 Attachment G: On-site Signage (DOCX) Attachment H: Palo Alto Weekly Publication September 2, 2016 (PDF) Attachment I: Project Details (DOCX) Attachment J: Project Plans (DOCX) City of Palo Alto Page 1 Excerpt Minutes of September 15, 2016 1 Architectural Review Board 2 3 4 5 6 7 8 9 900 N California Ave [15PLN-00155]: Request by Kohler Associates Architects, on behalf of Greg Xiong, 10 for Architectural Review of three single-family homes to replace three existing homes. Environmental 11 Review: Categorically Exempt per CEQA Guidelines Section 15303(a) (New Construction or Conversion 12 of Small Structures). Zoning District: Single Family Residential District (R-1). For more information 13 contact the planner, Adam Petersen, at APetersen@m-group.us. 14 15 Adam Petersen reviewed details of the proposed project. Staff found the project to be consistent with the 16 Comprehensive Plan, the Individual Review guidelines for single-family homes and the Zoning Code 17 Development Standards. Staff recommended the Architectural Review Board recommend the Director find the 18 project exempt from the California Evaluation Quality Act and recommend approval subject to the conditions 19 and findings of approval. 20 21 Roger Kohler, Kohler Associates Architects, noted the project had been subjected to the Individual Review 22 process. Jeff Kuo described the neighborhood context, the design concept, and details of the three houses. 23 24 Board Member Baltay requested staff provide the history of review of this project. Ms. Gerhardt clarified that 25 the City's IR architect had reviewed the project and provided comments. Board Member Baltay inquired 26 whether the Board could assume that the IR process would approve the project or if the Board should make 27 that determination. Ms. Gerhardt explained that the same guidelines applied to an Individual Review as an 28 Architectural Review. 29 30 Board Member Kim requested an explanation for Condition of Approval 3A. Ms. Gerhardt referred to an 31 interpretation of the allowed basement under the footprint of buildings. An applicant was allowed to complete 32 the square in two areas where those were under an entry porch or a back porch. In this floor plan, there 33 wasn't a sliding glass door or something to that extent to make it an entry. Board Member Kim reiterated that a 34 door was being required so that it was an entry. 35 36 Board Member Furth inquired regarding the minimum lot size. Ms. Gerhardt indicate the minimum lot size was 37 6,000 square feet and the maximum was 9,999 square feet. 38 39 Vice Chair Lew requested the logic for the placement of the garage and the guest house on Lot 3. Mr. Kohler 40 indicated that combining them resulted in a fairly large building. Two separate buildings allowed plantings and 41 trees, and the home had more of a backyard feel. Vice Chair Lew added that one building would be large and 42 low to meet daylight plane requirements. Mr. Kohler noted the maximum allowed height was 12 feet. Vice 43 Chair Lew inquired regarding a minimum separation between accessory buildings. Ms. Gerhardt advised of a 44 minimum separation for accessory structures of 3 feet. The minimum separation for a second dwelling unit was 45 12 feet from the main dwelling. 46 47 Board Member Kim asked if there was a reason the secondary dwelling unit was not built to 900 square feet. 48 Mr. Kohler indicated floor area limits prevented a larger building. Board Member Kim added that increasing the 49 size of the secondary dwelling unit would not exceed the total floor area. Mr. Kohler asked if Board Member 50 Kim was encouraging him to build to the maximum size. Board Member Kim was encouraging secondary 51 dwelling units that would serve a second family as best as possible. Mr. Kuo clarified that the allowable floor 52 area was 4,777 square feet. Board Member Kim was mistakenly looking at lot coverage only. 53 City of Palo Alto Page 2 1 Board Member Baltay inquired regarding the width of the driveway easement on Lot 3. Mr. Kuo responded 10 2 feet 10 inches. 3 4 Greg Xiong stated the existing structures were not a good use of those sites. He proposed living in one of the 5 homes and selling the other two. 6 7 Board Member Kim indicated the IR process addressed most issues. Some sheets for Lot 1 had the wrong 8 address. On Sheet A5, part of the roof plane was shown incorrectly. He felt the project would dramatically 9 change the intersection. He was interested in seeing 3D site perspectives showing the three homes in relation 10 to neighboring single-story homes. Considering the size of the homes, he did not like the garage placement on 11 Lot 2 with the side entry. The proposed homes were large; yet, Lots 1 and 2 had only single-car garages. The 12 garage and guest house on Lot 3 needed more thought. 13 14 Vice Chair Lew liked the design of project. The porches were very desirable and would make the neighborhood 15 look better. Blending the two-story mass with one-story hipped roofs helped tie the house into the 16 neighborhood. His only issue was the Lot 3 guest house. There was little privacy from the adjacent house as 17 the structure was located only 6 feet from the property line. He suggested adding a buffer or moving the 18 building back for landscaping or a taller fence. Ms. Gerhardt reported staff had not received any comments 19 from neighbors. 20 21 Board Member Furth agreed the project would be quite a transformation of the corner. She could not find 22 "guest house" in the City's glossary. Ms. Gerhardt indicated the proper term was second dwelling unit. Board 23 Member Furth suggested marking those as second dwelling units so the Board could understand which 24 standards to apply. The relationship between Lot 3 and 920 California Avenue was problematic. The proposed 25 structures would surround a small, low-key house on two sides. She could not make the finding that it 26 adequately addressed the neighboring issue. Lot 3 would require significant screening/landscaping on the north 27 side, which would require widening the driveway. The same applied to the accessory dwelling unit. She 28 inquired whether one of the covered spaces was required for the accessory dwelling unit. Mr. Petersen advised 29 that the Code required one parking space in the garage and one outside the garage. Board Member Furth felt a 30 garage shared by two separate uses should be a divided space. She would not want to approve the project 31 without a bifurcated garage. She expressed some concern that the design of the house made it look bigger 32 than the square footage needed to look. Replacement houses along California Avenue were set back and low 33 key. The three proposed homes were not differentiated, but appeared to be built as a set of three. 34 35 Board Member Baltay shared Vice Chair Lew's sentiment that the homes were handsome and fit into the fabric 36 of the community. He liked the wrap-around corner porch on Lot 2 as well as the plaster finish with curved 37 eave detailing. That provided a notable corner. He did not share the sentiment that the three homes were 38 sufficiently different. They were clearly individually designed for individual circumstances. He could support the 39 project overall. The driveway space on Lot 3 was too narrow and needed a minimum of 12 feet for landscaping 40 between the driveway and the neighboring home. The driveway needed more space to be usable. Perhaps the 41 applicant could narrow the house a bit. The guest house and garage were not thought out. He would prefer to 42 move the project forward subject to some small changes. 43 44 Vice Chair Lew inquired whether the Board could approve the project and have changes return on the consent 45 calendar or to the subcommittee for review. The Board discussed modifications to the design and whether 46 those modifications could be submitted to staff, the subcommittee or the Board on the consent calendar. 47 48 Chair Gooyer viewed a five-bedroom house with a one-car garage as an invitation for cars to park everywhere; 49 however, the Code allowed that. The proposed homes were large, but most newer homes in the area were 50 similar. 51 52 MOTION: 53 City of Palo Alto Page 3 1 Board Member Baltay moved, seconded by Vice Chair Lew, that the Architectural Review Board make the 2 findings in the Staff Report and approve the project with an additional finding that (1) the house on Lot 3 be 3 shifted so that there is a minimum of 12 feet between the property line and the house; (2) a landscape buffer 4 be installed on the left-hand side of the driveway; and (3) the design of the guest house and garage return to 5 the Architectural Review Board subcommittee for final review. 6 7 Board Member Furth offered an amendment that the garage have two separate spaces. Board Member Baltay 8 felt that had not been required previously. 9 10 MOTION PASSED: 3-2 11 ATTACHMENT G ONSITE SIGNAGE 900 North California Avenue / File No. 15PLN-00155 The sign was first posted onsite in April 2015, it was damaged and fell on the ground sometimes after the winter season. The applicant fixed the sign and updated the plans and put on the site again in early September this year. The photos below were taken on December 19, 2016: ATTACHMENT I PROJECT DETAILS 900 North California Avenue / File No. 15PLN-00155 Lot 1 - A two-story house with an attached one-car garage on an 8,033 sf lot. The proposed structure would have a total of 3,157 sf of floor area, excluding the basement but including the garage. Of this area, 1,148 sf of floor area (36%) is proposed on the second floor. One street tree has been added to the frontage per the City Arborist’s request. Five screening trees have been added along the side interior lot lines in the rear yard area. Lot 2 - A two-story house with an attached one-car garage on a 9,379 sf corner lot. The proposed structure would have a total of 3,563 sf of floor area, excluding the basement but including the garage. Of this area, 1,269 sf of floor (36%) is proposed on the second floor, including any second floor equivalency area. One street tree on the Louis Road the frontage would be replaced. The existing street tree on the North California Avenue frontage would remain. Most other landscape, including small trees would be removed except for some existing trees along the right side setback line at the rear yard, located on Lot 3. No other new trees are proposed. Lot 3 – The proposed lot is ‘L’ shaped with the base of the ‘L’ wrapping behind the adjacent lot to the left at 920 N. California Avenue. The project proposes a two-story house with a detached two-car garage and detached guesthouse on a 13,425 sf lot. The proposed structures would have a total of 4,775 sf of floor area, including the garage and guest house, but excluding the basement. The main house is 3,978 sf, and the second unit is 597 sf excluding the garage and guest house. The second floor of the main house is 1,424 sf of floor area (36%), including any second floor equivalency area. One existing street tree will remain along with two trees at the left side lot line in the front yard and a few trees along the rear lot line and distant left side lot line adjacent the proposed cottage. Several new screening trees have been added along both side interior lot lines and the rear lot line. Table 1 Project Summary Lot 1 Lot 2 Lot 3 Address 2205 Louis Road 900 N. California Ave 912 N. California Ave Lot Area 8,032.90 sf 9,378.70 sf 13,425 sf First Floor Area 1,789.60 sf 2,071.47 sf 2,313.44 sf Second Floor Area 1,148 sf 1,269 sf 1,423 sf Garage 219.54 sf 222.45 sf 441 sf 2nd Dwelling Unit -- -- 597.12 sf Total FAR 3,157.21 sf 3,563.02 sf 34,775.19 sf Basement (Non- FAR) 1,896.27 sf 2,274.73 sf 2,417 sf Attachment J Project Plans Hardcopies of project plans are provided to City Council Members. These plans are available to the public by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “900 California Avenue” and open record by clicking on the green dot 3. Review the record details and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “06.08.16_900N.California redux.pdf” City of Palo Alto (ID # 7552) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: Aquatics Swim Leson Contract with Team Sheeper Title: Approve and Authorize the City Manager to Execute an Agreement Between the City of Palo Alto and Team Sheeper LLC, for the Learn to Swim Program for Summer 2017 at an Amount Not to Exceed $143,000 From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council authorize the City Manager to approve a contract with Team Sheeper Inc. for operation of the 2017 Learn to Swim Program (swim lessons) in an amount not to exceed $143,000 (including a $30,000 contingency for supplemental services if needed) (Attachment A). Executive Summary The City of Palo Alto (City) offers a year-round Aquatics Program that includes adult lap swim, a youth competitive swim team and an adult competitive Masters Swim team. During the summer months, the City also offers a Learn-to-Swim program as well as family recreation swim. The City has experienced difficulty hiring and retaining qualified aquatics staff to meet the needs of the community, especially during summer months when more aquatics programs are offered. In Summer 2015, an emergency third-party agreement was required to avoid potential pool closures and the cancellation of swim classes due to the City’s difficulty in staffing the Aquatics Program. In December 2015, after receiving direction from the Finance Committee and subsequently the full Council, staff released a Request for Proposal (RFP) to solicit bids for aquatics management services to improve the City Aquatics Program. In our evaluation of the bids and our in-house aquatics program, we identified opportunities to not just maintain the aquatics program but to better meet community requests to expand and enhance aquatics programming for Palo Alto. The objective of the RFP and our analysis was to consider alternatives for how we might best achieve the following: City of Palo Alto Page 2 1) Expand the recreational swimming season to open both pools for recreation swimming in mid-April and keep the pool open through late October. 2) Adjust and add open hours for lap swim and recreational swimming programs to better meet customer demands for pool use outside of 9 to 5 weekday hours. 3) Expand the swim lesson season to match the expanded recreational swim season and adjust swim lesson offerings to provide more evening and weekend lessons. The City received two proposals, one from the Palo Alto Family YMCA and the other from Team Sheeper Inc. Of the two proposals Team Sheeper Inc. offered a lower cost and greater diversity of programs and services while providing high quality of service. In May 2016, Council approved a limited contract with Team Sheeper Inc. to manage the Learn-to-Swim program for the summer of 2016 season (Attachment B). This contract ensured that the City was able to provide the community with high quality and reliable swim lessons during the summer months. The contract now before Council builds on the successful 2015 and 2016 Learn-to-Swim program with Team Sheeper expanding the program to offer individuals and families more swim lesson opportunities throughout the 2017 calendar year, in spring, summer and fall. These enhancements will provide residents significantly more opportunities for children to learn to swim throughout the year. Using Team Sheeper to provide an expanded swim lesson program will require an increase in swim lesson fees, which the City has historically held exceptionally low. The new fees will be comparable to neighboring cities. The City’s Fee Reduction Program will continue to be available for low income families and residents with a disability. In addition, CSD staff are investigating additional scholarship programs through the Beyond Barriers Athletic Foundation. The Community Services Department budget can absorb the cost of the contract without impacting the General Fund due to realizing cost savings by not staffing the Learn-to-Swim program and by reallocating department salary savings in FY 2017. Staff, with the community and regular users of Rinconada Pool, will continue to evaluate options to improve Palo Alto aquatics programming and management. Because there are numerous stakeholders and some heightened concerns about pool schedule changes from the status quo, staff are only recommending an expanded swim lesson program at this time, which has limited impacts to the pool schedule for current swimmers. Staff plans to conduct additional community outreach and return to Council with further analysis and aquatics recommendations in the spring of 2017 in an effort to increase access and availability to Rinconada Pool for Palo Alto residents. Background During the summer season, which runs from mid-June through mid-August, the City of Palo Alto Aquatics Program offers a variety of activities for the community including: City of Palo Alto Page 3 Family recreation swim, Adult lap swim, Learn-to-Swim lessons, Facility rentals for private pool parties, Youth competitive swim team (PASA - Palo Alto Stanford Aquatics), and Adult competitive swim team (Rinconada Masters). The City has existing contracts to provide the Rinconada Masters and Palo Alto Stanford Aquatics (PASA) programs, while City staff has historically provided staffing for the remaining programs. The majority of the aquatics programs are held at the City-owned Rinconada pool with some summer swim lessons also taking place at the JLS Middle School pool. Throughout the rest of the year (mid-September through mid-May), the only aquatics activities that are offered at Rinconada pool are adult lap swim, PASA, and the Rinconada Masters. For the past two summers (2015 and 2016), the City has struggled to hire and retain adequate pool staff to meet community demand for the Lap Swim, Learn-to-Swim and Family Recreation Swim. In 2015, CSD entered into an emergency contract with an outside vendor to mitigate its Learn-to-Swim staffing shortages. Working on a very short timeline, CSD was able to write and approve a contract with Team Sheeper Inc., a professional third party aquatics service provider who was able to mobilize quickly and provide qualified professional swim instructors and lifeguards to support the Palo Alto aquatics programs. There are several reasons the City aquatics program is experiencing difficulty hiring and retaining staff. The biggest challenge has been that the City currently only has the ability to hire part-time staff to work under 1,000 hours each per year but Rinconada has a need for employees who can work year round to staff the lap swim program. This issue leads to staffing shortages outside of the summer season. In addition, pay rates for lifeguards and swim instructors are not as competitive compared to other employment opportunities for high school and college students. The majority of the aquatics employees are students and after summer they have limited work availability. Following the 2015 summer swim season, CSD staff conducted program evaluations of the summer lessons that Team Sheeper Inc. had provided. Parents of participants were pleased with the experience and felt their children had made progress and improved their techniques over the course of the lessons. Because the 2015 Team Sheeper program was well received by the community and because of continuing staffing shortages, CSD entered into another short-term limited contract with Team Sheeper Inc. to manage the Learn-to- Swim program for the Summer 2016 season as well as to provide lifeguarding hours for short-staffed lap swim sessions as needed. City of Palo Alto Page 4 Provision of aquatics services for cities in the region is delivered in a number of ways. For example, the City of Menlo Park contracted out their entire aquatics program to Team Sheeper, Inc. and it now operates in a public-private partnership as Menlo Swim & Sport. The City of Morgan Hill has a unique partnership with the YMCA to run their recreation programs. As partners, the City of Morgan Hill and YMCA partner to provide high quality health and fitness, youth, teen, family, and senior programs including aquatics for residents and the surrounding community to enjoy. Currently, the City of Palo Alto provides a hybrid program where the Aquatics program is predominantly run in house with the exception of our Master’s and PASA programs which are provided by contractors. In December 2015, after receiving direction from the Finance Committee and Council, CSD issued a Request for Proposals (RFP) for the following services: 1) Learn-to-Swim lessons; 2) Youth Competitive Swim Team; 3) Adult Master Swim Team; and 4) aquatics facilities operation, including recreational swim, lap swim, and pool rentals. Firms were invited to submit a proposal for one or all of the above services and attend a pre-bid meeting. Two proposals were received one from the Palo Alto Family YMCA and the other from Team Sheeper Inc. Of the two proposals Team Sheeper Inc. offered a lower cost and greater diversity of programs and services while providing high quality of service. Staff proceeded to evaluate short and long term alternatives for future Aquatics Program delivery with Team Sheeper Inc. Team Sheeper has the experience, staffing levels, and innovative programming to not only maintain the City’s aquatics program at its current level of service, but also expand it and add additional new programs if the City so desires. In May 2016 Council approved a new short term contract with Team Sheeper Inc. to provide the 2016 Summer Learn-to-Swim program. They again performed very well providing high quality swim lessons for families. Discussion Team Sheeper Inc. is an aquatics operations and management company. Their RFP response proposed full operational and management services to the City of Palo Alto for a year-round aquatics program at Rinconada Pool. They are committed to collaborating with existing programs at Rinconada pool in the effort to support and strengthen Rinconada’s programs including Rinconada Masters, PASA, swim lessons, lap Swim and family recreation swim. Staff has discussed the Aquatics RFP responses and analysis as well as our interest in contracting with Team Sheeper Inc. to oversee aquatics programs at Rinconada Pool with the Parks and Recreation Commission at their September 27, 2016 and November 13, 2016 regular meetings. The staff reports and minutes from the September PRC meetings can be seen in Attachment C. As Council is aware we have heard from a number of resident and non-resident swimmers from the Rinconada Masters Program and Lap Swim Program who are concerned about City of Palo Alto Page 5 potential schedule changes from the status quo. Staff is sensitive to this concern, and is taking additional time to listen to all stakeholders. Staffs’ goal is to improve programs and services for residents, and better meet the needs and interests of residents that results in an increase in overall access to Rinconada Pool and an enhanced experience for more people. Staff have conducted several community surveys and are also engaging in in-person intercept surveys at the pool, and we will continue to bring the swimming community together in the months ahead in collaboration with the Parks and Recreation Commission in order to arrive at a balanced overall recommendation for a year-round Rinconada Pool operation. While the evaluation of Team Sheeper’s role in overseeing the City of Palo Alto’s overall aquatics program is ongoing, staff believes that we have enough information and alignment of community interest to expand the swim lesson program at this time with Team Sheeper. This change will have minimal impact on the pool schedule for Rinconada Masters, Palo Alto Stanford Aquatics and Lap Swim programs and therefore staff feels confident in making this recommendation now. In so doing, staff will be able to include the expanded swim lesson program in the 2017 Summer Camp and Aquatics Enjoy! Catalog, which will be distributed in January allowing families to have significantly more options for swim lessons beginning as early as April 2017. Swim Lesson Program Currently, Rinconada’s round children’s pool sits unused most of the spring and fall. Team Sheeper proposes opening the round children’s pool to the public for swim lessons beginning in April and ending in October of 2017. This would allow the City to more than double the number of swim lessons provided in 2016. The expanded swim lesson program provides a number of benefits to families. First and foremost is that children will have the opportunity to learn to swim in advance of summer and after summer, participate in a new summer swim camp program, and participate in weekly ongoing swim lessons throughout spring, summer and fall. Team Sheeper’s learn to swim program titled “Palo Alto Swim and Sport” will promote life-long fitness, healthy habits and safety. Team Sheeper’s staff will work with students to develop proper swim technique through focused learning and goal oriented rewards. The spring through fall lesson program will instill the habit of swimming that becomes a way of life for children as they grow through adolescence into adulthood. The scope of service for the contract before Council can be seen in Attachment A. These changes will also come with an increase in swim lesson fees for customers. The City has held prices exceptionally low in the past, which has meant that lessons are heavily subsidized and has consequently limited the number of lessons we have offered. This contract continues to offer subsidies for Palo Alto residents, but customer prices are not as low as they have been in previous years. We do not believe that continuing to hold prices as low as they have been, and strongly limiting the number of lessons, is in the best interest of City of Palo Alto Page 6 the majority of residents. Below are the current swim lesson fees compared to the recommended fees: Swim Lesson Program 2016 Price Proposed Price in the 2017 Enjoy! Catalog Price Increase 2016 to 2017 Per Lesson Team Sheeper's Revenue Per Lesson Proposed City Subsidy Per Lesson 2017 Resident Group Lessons $11 $16 $5 $22 $6 Non-Resident Group Lessons $12 $22 $10 $22 $0 Private Resident Lessons $24 $35 $11 $63 $28 Private Non-Resident Lessons $26 $63 $37 $63 $0 In order to mitigate price increases, this contract includes a $6 City subsidy for group lessons and a $28 subsidy for private lessons for Palo Alto residents in 2017. Despite this subsidy, prices would still increase from $11 to $16 per group lesson and $24 to $35 per private lesson. In staffs’ review of other local public and private pools we found the average price per lesson for group lessons was $13 for public pools and $35 for private pools. The City’s current pricing structure is not sustainable and should increase regardless of management changes. (Benchmark pricing is detailed in Appendix D.) The 2015 and 2016 contracts with Team Sheeper included subsidies for swim lessons of $12 for group lessons and $39 for private lessons. By reducing the City subsidy and sharing in the increased cost with residents in this upcoming contract year, we will be able to offer substantially more lessons than in the past. The Parks and Recreation Commission (PRC) and staff have made clear (on September 27 and November 16 during staff presentations on aquatics,) that group youth swim lesson pricing should not be a barrier to learning to swim. Staff believes that the recommended subsidy should maintain lesson accessibility for Palo Alto’s families. In addition, the Fee Reduction program currently available to low income youth residents will continue to be available through the Team Sheeper program. City of Palo Alto Page 7 Proposed Fee City Subsidy level Subsidy as a % of fee Expected Enrollment (~9,000)* $ 22.00 $ 1.00 5%$9,000 $ 22.00 $ 2.00 9%$18,000 $ 22.00 $ 3.00 14%$27,000 $ 22.00 $ 4.00 18%$36,000 $ 22.00 $ 5.00 23%$45,000 $ 22.00 $ 6.00 27%$54,000 $ 22.00 $ 7.00 32%$63,000 $ 22.00 $ 8.00 36%$72,000 $ 22.00 $ 9.00 41%$81,000 $ 22.00 $ 10.00 45%$90,000 $ 22.00 $ 11.00 50%$99,000 Group Lessons *Enrollment in group swim lessons in 2016 was 4,500 Proposed Fee City Subsidy level Subsidy as a % of fee Expected Enrollment (~2,100)* $ 63.00 $ 18.00 29%$37,800 $ 63.00 $ 20.00 32%$42,000 $ 63.00 $ 22.00 35%$46,200 $ 63.00 $ 24.00 38%$50,400 $ 63.00 $ 26.00 41%$54,600 $ 63.00 $ 28.00 44%$58,800 $ 63.00 $ 30.00 48%$63,000 $ 63.00 $ 32.00 51%$67,200 $ 63.00 $ 34.00 54%$71,400 $ 63.00 $ 36.00 57%$75,600 $ 63.00 $ 38.00 60%$79,800 Private Lessons *Enrollment in private swim lessons in 2016 was 1,300 This year, we are also recommending that the public use Team Sheeper’s registration system for swim lesson enrollment. While the Learn-to-Swim program will still be advertised in the City’s Enjoy! Catalog, families will be directed to register through Team Sheeper in person at Rinconada Pool or using their website. This change will allow swim staff to quickly adjust children’s schedules and swim levels without having to involve City staff. City of Palo Alto Page 8 City staff and the PRC will continue to evaluate Team Sheeper’s proposal to manage the overall aquatics program for the City of Palo Alto. As part of the evaluation staff will compare resource requirements if the City were to operate the Aquatics program in-house at a similar level of programming as Team Sheeper has proposed. Some of the analysis and community outreach has been done and can be seen in the September and November PRC staff reports in Attachment C. At this time, as the evaluation and analysis continue, staff is only recommending Team Sheeper to manage an expanded swim lesson program with minimal impacts to the current pool schedule while we continue community outreach and analysis for any additional aquatics program changes. Staff have developed a communications plan to reach all pool user groups, including lap swimmers, Masters swimmers, recreational swimmers and adults who have previously registered a child in Palo Alto’s learn to swim program. The communications plan includes: A frequently asked questions flyer will be displayed at the pool entrance and locker rooms, posted on the aquatics web page and emailed to lap swimmers, Masters swimmers and past Learn to Swim participants. Staff will host “coffee at the pool” events at various times to allow informal conversations to occur between staff and pool users. Staff will be available to answer questions, respond to concerns and provide accurate information on the latest status of the Aquatics program. Individual meetings with the CSD Director or Assistant Director will occur as requested by community members or groups. Community meetings will be scheduled to coincide with decision-making points in the process. The first community meeting will occur in January 2017. Regular updates will be posted on the Aquatics web page and sent via email to all user groups. Specific outreach to residents currently not in an existing aquatics program (lap, Masters, or Learn to Swim), will be achieved through the Aquatics website, Community Services Department website and focus groups. The Parks and Recreation Commission will receive monthly updates at their regularly scheduled meetings. Updates may be informal or agendized for discussion or action. Timeline December 12, 2016 – Agreement for calendar year 2017 expanded Learn-to-Swim contract with Team Sheeper Inc. April 1, 2017 – Learn-to-Swim group and private lessons begin Resource Impact The contract cost to the City to utilize the professional services of Team Sheeper Inc. for the 2016 Summer Learn-to-Swim is $113,000; the proposed agreement also includes a $30,000 contingency for additional supplemental aquatics services if needed, bringing the total not to exceed amount to $143,000. The Community Services Department budget can City of Palo Alto Page 9 absorb the cost of the contract without impacting the General Fund due to realizing cost savings by not staffing the Learn-to-Swim program and by reallocating department salary savings in FY 2017. By contracting with Team Sheeper, the City will receive less revenue than anticipated in lesson registrations. In 2016, swim lesson revenues totaled approximately $75,000; however, this will be offset by a revenue share with Team Sheeper Inc. of approximately $36,000 in this new contract. As discussed above, the plan for longer term service delivery and resource impacts for the Aquatics Program will be continue to be evaluated during the coming months. Staff will explore the costs, opportunities and challenges of continuing to offer in-house aquatics programs versus a more comprehensive agreement with Team Sheeper Inc. to oversee the City’s aquatics program. Staff anticipates returning to Council in Spring 2017 with further aquatics recommendations. Policy Implications This proposal is aligned with Comprehensive Plan goal G1: Effective and Efficient Delivery of Community Services. Environmental Review The recommendation in this report does not constitute a project requiring review under the California Environmental Quality Act (CEQA). Attachments: Attachment A - Contract 16908 with Team Sheeper (PDF) Attachment B – May 9, 2016 Staff Report (PDF) Attachment C – Parks and Recreation Commission Staff Reports and Minutes from September 27, 2016 and November 16, 2016 Attachment D – Benchmark pricing of swim lesson fees Attachments: Attachment A: DRAFT C17161146 PSA TEAM SHEEPER SUMMER 2017 AQUATICS PROGRAM 11292016 Attachment B: ID# 6812 May 9 2016 Attachment C Part 1: PRC 9 27 2016 Memo Attachment C Part 2: 09-27-16 PARC transcript Approved Attachment C Part 3: PRC 11 16 2016 memo Attachment D: Benchmarking DRAFT CITY OF PALO ALTO CONTRACT NO. C17161146 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND TEAM SHEEPER, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 1st day of March, 2017, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TEAM SHEEPER, INC. a California corporation, located at 501 Laurel Street, Menlo Park, CA 94025 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to provide its Summer 2017 Session Recreation Aquatics Program (“Project”) and desires to engage a consultant to provide certified swim instructors to teach private and group swim lessons to registered participants in the Palo Alto Recreation Aquatics Program for the City of Palo Alto offered at the Jane Lathrop Stanford (JLS) Pool, 480 East Meadow Drive, Palo Alto 94306 and Rinconada Pool, 777 Embarcadero Road, Palo Alto, CA 94301 in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 31, 2017 unless terminated earlier pursuant to Section 19 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”, attached to and Professional Services Rev. April 27, 2016 2 made a part of this Agreement. 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 described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed One Hundred Thirteen Thousand Dollars ($113,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed One Hundred Twenty Eight Thousand Dollars ($128,000). The applicable rates and schedule of payment are set out at Exhibit “C”, which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. SECTION 5. INVOICES. At the conclusion of the season, CONSULTANT will invoice the CITY for payment at the end of June, the end of August and end of Decembereach month for any additional services. The CONSULTANT payment voucher will then be submitted to the fiscal section for payment at which point the CITY has 30 working days from the last date of the payment voucher to render payment to the CONSULTANT. Invoices must include CONSULTANT name, address, contract number, date of services, compensation amount. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of Formatted: Not Highlight Formatted: Not Highlight Professional Services Rev. April 27, 2016 3 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. 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 ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. 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 consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subcontractor. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Carole Hayworth Charlie Boeck as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services and as the project coordinator to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any Professional Services Rev. April 27, 2016 4 reason, the appointment of a substitute project director 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 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 Project or a threat to the safety of persons or property. CITY’s project manager is Sharon Eva, Community Services Department, 1305 Middlefield Road, Palo Alto, CA 94303, Telephone (650) 463-4909. The 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 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, 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 attorneys 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 Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall Professional Services Rev. April 27, 2016 5 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. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole Professional Services Rev. April 27, 2016 6 or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. 19.5. 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. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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. Professional Services Rev. April 27, 2016 7 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, 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. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be 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, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CCONSULTANT to CITY 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 CONSULTANT 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 Division’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. Professional Services Rev. April 27, 2016 8 CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 25. NON-APPROPRIATION 25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS 26.1 This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR 26.1 CONSULTANT is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. 26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any contract for public works construction, alteration, demolition, repair or maintenance. Professional Services Rev. April 27, 2016 9 SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27.2. 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. 27.3. 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. 27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 27.10 All unchecked boxes do not apply to this agreement. 27.11 The individuals executing this Agreement represent and warrant that they Professional Services Rev. April 27, 2016 10 have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement Professional Services Rev. April 27, 2016 1 CONTRACT No. C17161146 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO City Manager (Contract over $85k) Purchasing Manager (Contract over $25k) Contracts Administrator (Contract under $25k) APPROVED AS TO FORM: City Attorney or designee (Contract over $25k) Contracts Administrator (Checklist Approval) Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “D”: INSURANCE REQUIREMENTS Professional Services Rev. April 27, 2016 2 EXHIBIT “A” SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES Team Sheeper, Inc. Contractor agrees to provide certified swim instructors to teach private and group swim lessons to registered participants in the Palo Alto Recreation Aquatics Program for the City of Palo Alto offered at the Jane Lathrop Stanford (JLS) Pool, 480 East Meadow Drive, Palo Alto, CA 94306 and Rinconada Pool, 777 Embarcadero Road, Palo Alto, CA 94301. Scope of services agreement will commence on Monday, March 1, 2017 and expire on Sunday, December 31, 2017. CONTRACTOR SHALL 1. Provide Quality Program a) Conduct the program in a safe manner. b) Provide a Certified Lifeguard on deck whenever program participants are in water. c) Not allow participants to be in the pool without a Certified Lifeguard present on the pool deck and providing supervision. d) Swim Instructors and Certified Lifeguards are: i. Knowledgeable and experienced in the subject and age group being taught based on the specific training program for lifeguards and swim instructors followed by Team Sheeper, Inc. ii. Reliable and punctual iii. Start and end lessons on time iv. Expected to notify their Team Sheeper, Inc. Staff supervisor prior to the work shift if running late or unable to attend. Contractor is responsible for finding a replacement or providing a make-up lesson. v. Organized and prepared to teach at the start of each lesson e) If a lesson is missed by the Contractor, a make-up lesson is required to be provided by Contractor during a time that is convenient for the participant i. Contractor is responsible for contacting participants to reschedule or make-up the lesson(s). f) At the end of each lesson the Contractor will i. Monitor and ensure participants are picked up by an authorized adult. by signing the participant in and out using. ii. Keep facility neat by putting away all equipment from pool deck, empty trash cans, pick up trash from pool deck, remove and replace pool covers on appropriate reels after each use. g) Program Evaluations i. Contractor will coordinate with City staff to create a single evaluation to be distributed to participants. ii. The last week of lessons, evaluations will be distributed to participants by City staff. Contractor will communicate with participants the importance of completing the evaluation. Contractor will provide responses to City staff. h) Process all registrations for swim lesson program 2. Provide excellent Customer Service Professional Services Rev. April 27, 2016 3 a) Build rapport with customers by greeting all participants and parents and create a welcoming and professional atmosphere. b) Address customer and City staff questions and concerns within 24 hours and provide follow- up if needed. 3. Maintain Quality Instructors a) Meet the City of Palo Alto background requirements for all employees b) Appear for lessons wearing appropriate attire that is clean, presentable and clearly identified as Team Sheeper, Inc. staff. c) Swim instructors and Certified Lifeguards will not use cell phones during work shifts i.e., while on the pool deck and in front of customers, except in an emergency. d) Provide consistency with quality standards for all instructors 4. Manage administrative tasks a) Take attendance and confirm registration numbers with City staff b) If a participant is not on the roster, ask for receipt. If participant is not registered, contact City community center front desk staff to confirm registration. 5. Maintain Proactive and Consistent Communication with City staff a) Communicate problems and issues immediately with the City of Palo Alto Aquatics Coordinator via phone, email or in person. b) Inform City staff of participant injuries and complete necessary accident reports within 24 hour. Accident forms can be obtained from center staff. c) Respond in a timely manner to emails and phone calls within 24 hours d) Establish and maintain working relationships with City staff and customers. City staff consists but is not limited to Community Center front desk staff, Aquatics Coordinator, Supervisors, and the Contracts Administration Team. 6. Submit Invoices for payments. Invoices will include: a) Contractor address, b) date, c) invoice number, d) “bill to” information, e) registration numbers, session dates and location, and f) total amount to be paid. 7. Adhere to Department’s Aquatics Manual Policies and Procedures a) Responsible for knowing the City’s policies and procedures with regard to private and group lessons (i.e. waiting lists, cancellation, refund, satisfaction, etc.) b) Instructors are responsible for verifying that only registered participants are permitted to participate in City’s swim lessons. c) Ensure only swim staff use the pool office. d) Observe and enforce all pool rules. CITY SHALL 1. Process all registrations for Swim Camps 2. Provide clean and safe facility for scheduled lessons at Rinconada Pool and a Palo Alto Unified School District Pool to be determined a. Use of Rinconada Lap Pool and Children’s Pool will be limited to mutually agreed upon schedules as seen in Appendix A Professional Services Rev. April 27, 2016 4 3. Provide access to a phone line and internet access at Rinconada Pool 3.4. Oversee program delivery which includes but is not limited to: a. Work with Team Sheeper, Inc. on private and group lessons offerings, cancellations, and customer inquiries/concerns b. Provide support to Team Sheeper, Inc. Staff to ensure the success of the class c. Provide essential information to deliver program (rosters, attendance sheets, waiting lists, etc.) 4.5. Develop and maintain proactive and consistent communication and rapport with Team Sheeper, Inc. a. Respond in a timely manner to emails and phone calls b. Communicate and resolve issues and concerns immediately 5.6. Provide excellent customer service to Team Sheeper, Inc. Staff and customers Professional Services Rev. April 27, 2016 5 Professional Services Rev. April 27, 2016 6 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. The parties agree that the instruction of swim lessons shall occur over the Spring, Summer and Fall of 2017. Below are the scheduled dates and times of each private and group swim session. Swim School Our Teaching Philosophy Palo Alto Swim and Sport promotes life-long fitness, healthy habits and safety. Knowing how to swim properly at a young age builds a foundation for a long and healthy life. Our swim schools work with students to develop proper technique through focused learning and goal oriented rewards. Year-round lessons instill the habit of swimming that becomes a way of life for children as they grow through adolescence into adulthood. Our Swim School Model Palo Alto Swim and Sport lessons are hands-on lessons focused on giving each swimmer a strong foundation in the pool. Lessons are focused on breathing, body position and developing proper swim habits. Lessons are taught by our incredible instructors in a 5 by 10-yard area of instruction that promotes a safe and technique focused lesson. Our Commitment to Safety Our number one priority at Palo Alto Swim and Sport is safety in and around the pool, including safety in lessons, water quality, lifeguarding and emergency preparedness. Each instructor is trained in making each lesson a safe and fun environment. All our lifeguards are certified, trained and audited to the highest standards set by the American Red Cross and YMCA. Palo Alto Swim and Sport has retained the services of a leading environmental health and safety firm to guide our company to safer practices for our customers, staff and community. Schedule and Registration Palo Alto Swim and Sport will offer swim lessons April through October. Registration for Perpetual Lessons opens on January 15th. Summer Session Priority Registration for Palo Alto residents will open March 23rd, and General Registration will open on April 6th. Session Based Swim Lessons June 5, 2017 to August 18, 2017 we will be offering eleven-one week sessions of swim lessons. Weekly Perpetual Lessons Perpetual/weekly lessons are the optimum method for maintaining the focus of developing as a swimmer on a year-round basis. To learn a complex skill, and to master the physical movement patterns, consistent and continual practice is necessary. Perpetual lessons allow families to understand the aquatics is a year-round sport/activity and that the joys of aquatics and developing as a swimmer does not only have to be limited to the summer months. We promote keeping aquatics and swim school in the weekly family schedule much like a family would a sports team or music lessons. We also offer the opportunity to have concentrated daily lessons over the Professional Services Rev. April 27, 2016 7 course of a week during the summer months. Levels Waterbabies: For ages 6 months to under 3 years. Parent participation class where babies are introduced to the water through songs and games. Each game that we play together as a group can be adjusted to accommodate a parent’s comfort level and the swimming ability of the child. This is a 30-minute group class with a 6:1 ratio. Water Tots: For ages 2 years old. Water Tot’s is a class without parent participation for students who are comfortable in the water are ready to learn the next set of swimming skills. The student to teacher ratio of 3:1 allows a small, safe learning environment to introduce fundamental water skills. This class focuses on building comfort, water safety, and skills such as: breathing, floating, bobs, jumps and, of course, fun. Swimming Principles: Children learn to be safe, independent swimmers and begin to learn proper head and body position that will lead to success in the strokes to come. Skills include floating independently on back and front, and breath control. Level 1: Designed to continue water safety skills as well as develop body position and kicks. Swimmers must be water safe and able to kick in streamline for 5 yards to pass. Level 2: Designed to continue water safety skills as well as develop a strong foundation for Freestyle. Swimmers learn to kick in streamline for 10 yards, rolling onto their back for a breath. Level 3: Designed to develop a strong foundation for Freestyle. Swimmers learn to kick in streamline for 10 yards with a side breath. Freestyle: Swimmers learn freestyle beginning with body position, efficient flutter kicks, freestyle arms, and side breathing. Backstroke: Swimmers continue to review and improve their freestyle while learning backstroke. They develop body position, rotation, effective kicks and backstroke arms. Breaststroke: Swimmers will begin to learn the difference between short axis and long axis strokes, with an emphasis on the importance of a proper kick and glide. Each of the four parts of breaststroke will be isolated to yield a successful breaststroke. Butterfly: Students learn the importance of a full body dolphin kick and undulation, timing of kicks with pull and recovery. Lessons Advanced: Swimmers continue to refine all four strokes as well as develop more advanced techniques, including starts, turns and finishes. Lessons Elite: The goals for swimmers in the class are to become proficient in all four competitive strokes, swim terminology, and receive coaching in and out of the water. Swim Lesson Prices: Resident Group lessons: $16/lesson Non-Resident Group Lessons: $22/lesson Resident Private: $35/lesson Non-Resident Private: $63/lesson Swim Camp Whether just learning to swim or developing strokes, your child receives a daily, 45-minute, level-appropriate lesson from a trained Swim School instructor (ratio 4:1). A child’s swim level is assessed on the first day of camp, and campers with similar abilities are grouped together. More advanced swimmers also get a workout-style swim session in a 25-yard format to practice what they have learned. Daily hands-on lessons in small focused groups invariably lead to rapid advancement in a child’s swim skills. Professional Services Rev. April 27, 2016 8 In addition to swim instruction, campers have daily swim-related workouts, free swim time for land and camp games, crafts, and lunch. Your child should come home healthy-tired but able to have loads of fun the entire week! Sample Daily Activities 8:45 Camper check-in 9:00 Camp games, settle in for Director address 9:30 Group A: Swim lesson, Group B: Land games for swim strength and conditioning followed by a healthy snack 10:15 Group A: Healthy snack followed by land games for swim strength and conditioning. Group B: Swim lesson plus, for more advanced swimmers, a swim work-out 11:00 Transition out of pool (sunscreen!) 11:15 Lunch from home enjoyed on the benches or picnic-style on the grass 11:45 Camper choice: land games, crafts, relax with friends 12:45 Transition to free swim 1:00 Free swim 1:50 Get ready for pick-up or transfer to extended care Is This Camp for You? For ages 5 to 12 years (on the first day of camp) For campers who HAVE COMPLETED kindergarten Camp is for kids who are comfortable in the water, enjoy social group situations, and respond well to instruction Ideal before any family vacation that includes water activities! Pre-K Camp Palo Alto Swim and Sport offers Pre-K Aquatics camp for kids age 4.5-6! For our little ones, Camp Palo Alto provides fun, instruction, and encouragement in a safe, friendly environment. Each camper receives a daily 45-minute swim lesson from a Palo Alto Swim School instructor, plus has time for land games, crafts and a light lunch. They’ll enjoy community and team fun while developing a love of water and swim skills. Your child should come home healthy-tired but not destroyed for the rest of the day! When you check out each day, stick around to enjoy Open Swim with your child. Spending time in the pool together reinforces what they’ve learned and improves their feel for the water. Open Swim starts at noon! Sample Daily Schedule 8:45 Check-in 9:00 Welcome and games 9:45 Crafts and snack 10:45 Fun stretching 11:00 Swim lesson 11:45 Dry off, get ready for lunch 12:00 Lunch time with friends and counselors 12:30 Story time 1:00 Free swim in Baby Pool or play games 1:50 Pick up or transfer to extended care For ages 4.5 to 6 years (on the first day of camp) For campers who have NOT COMPLETED kindergarten, or who need extra assistance Campers are toilet trained and can manage the toilet independently 4:1 child-to-adult ratio both during swim lessons and with counselors on land Professional Services Rev. April 27, 2016 9 Ideal before any family vacation that includes water activities! Morning Extended Camp We are pleased to offer early Extended Camp from 8:00 to 8:45 a.m., so you can drop off your kids and be on your way! You can be sure that check-in will be fast and your child will receive great care for a happy start to the day! Afternoon Extended Camp Extended camp is just the ticket for your child to rest and re-energize, play social games, read, advance some new skills or listen to music! Tried and true, our counselors provide a safe and lively afternoon of new and varied activities, full of opportunities for the campers to mix and mingle or have some quiet time; build and create; or have fun with more sports! The kids won’t miss a beat, as they seamlessly transition to the afternoon segment of their day of excitement. Pricing $40/ Week for Morning Extended Camp $355/week for Camp $165/week for Afternoon Extended Camp Professional Services Rev. April 27, 2016 10 EXHIBIT “C” COMPENSATION A. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall be OPTION ONE – [Notes - Assumes Team Sheeper collects revenue and the City of Palo Alto pays Team Sheeper a subsidy for Palo Alto residents. Impact to the GF will be a decrease in revenue by x and cost of y]: Swim Lessons: City to compensate Team Sheeper Six Dollars ($6) per resident participant per group lesson for up to 9,000 ($54,000) individual group lessons, and City to compensate Team Sheeper Twenty Eight Dollars ($28) per resident participant per private lesson for up to 2,100 ($58,800) private lessons. Team Sheeper to compensate the City of Palo Alto 10% of gross fees paid for swim Lessons and Summer Swim Camps. Not to exceed One Hundred and Thirteen Dollars ($113,000) during the period covering 3/1/17 through 12/31/17. In the event Additional Services are authorized by the City, the total compensation for additional services will be at a rate of $250 per hour for regular staff lifeguards, if regular staff lifeguards are not available use of lead or head lifeguards may be provided at a rate of $40 per hour and the total compensation for Additional Services is not to exceed Fifteen Thousand Dollars ($$15,000.00) during the period covering 3/1/2017 through 12/31/2017. B. ADDITIONAL SERVICES. Additional Services (lifeguards), if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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 in Exhibit “A”. C. PAYMENT. At the conclusion of the season, Contractor will invoice the City for payment at the end of June, the end of August and end of December for any additional services. The Contractor payment voucher will then be submitted to the fiscal section for payment at which point the City has 30 working days from the last date of the payment voucher to render payment to the Contractor. Invoices must include Contractor name, address, contract number, date of services, compensation amount. D. CANCELLED LESSONS. (Excluding weather-related cancellations, if applicable) In the event that staff is late or misses a lesson, contractor is responsible for contacting participants to reschedule or make-up the lesson(s). E. FACILITY USE. If the Contractor uses the City’s facility for any purpose other than a mutually agreed upon and scheduled class under this agreement, then the Contractor pays all fees and charges as specified in the current Fees & Charges resolution. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Sub-total Basic Services $113,000.00 Professional Services Rev. April 27, 2016 11 Reimbursable Expenses $0.00 Total Basic Services and Reimbursable expenses $113,000.00 Additional Services (Not to Exceed) $15,000.00 Maximum Total Compensation $128,000 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. Professional Services Rev. April 27, 2016 12 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS 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, BELOW: REQUIRE D TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY 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: CONTRACTOR, 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 CONTRACTOR 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. 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. Professional Services Rev. April 27, 2016 13 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. VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP Professional Services Rev. April 27, 2016 14 EXHIBIT “E” DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONSULTANT of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation and CONSULTANT is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, Commented [KM1]: Exhibit E not required for NON Public Works Projects Professional Services Rev. April 27, 2016 15 then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT. Inform the project manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. City of Palo Alto (ID # 6812) City Council Staff Report Report Type: Consent Calendar Meeting Date: 5/9/2016 City of Palo Alto Page 1 Summary Title: 2016 Summer Aquatics Swim Lesson Contract Title: Authorize the City Manager to Execute an Agreement Between the City of Palo Alto and Team Sheeper LLC, for the Learn to Swim Program for Summer 2016 at an Amount Not to Exceed $236,500, and Approve a Budget Amendment in the General Fund From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council authorize the City Manager to approve a contract with Team Sheeper LLC for operation of the Summer 2016 Learn to Swim Program in an amount not to exceed $236,500 (including a $15,000 contingency for supplemental services if needed) (Attachment A). Executive Summary The City of Palo Alto (City) offers a year-round Aquatics Program that includes adult lap swim, a youth competitive swim team and an adult competitive Masters Swim team. During the summer months, the City also offers a Learn-to-Swim program as well as family recreation swim. The City has experienced difficulty hiring and retaining qualified aquatics staff to meet the needs of the community, especially during summer months when more aquatics programs are offered. In Summer 2015, an emergency third-party agreement was required to avoid potential pool closures and the cancellation of swim classes due to the City’s difficulty in staffing the Aquatics Program. Based on the number of new registrations that are currently being received for the upcoming summer swim classes, it is projected that staffing will again fall far short of the City’s needs. In an effort to ensure the aquatic needs of the community are met, the City issued a Request for Proposals (RFP) for interested parties to provide aquatic programming for the City. Staff is recommending Council approve a short-term limited contract with Team Sheeper LLC to manage the Learn-to-Swim program for the Summer of 2016 season (Attachment A). This short term contract will ensure that the City is able to provide the community with high quality and reliable swim lessons during the summer months. The third-party service provider is able to more effectively meet staffing demands by specializing in aquatics operations throughout the Attachment B City of Palo Alto Page 2 region, applying extensive resources in recruiting, and by drawing on a larger workforce that can be deployed across multiple pool sites. Background During the summer season, which runs from mid-June through mid-August, the City of Palo Alto Aquatics Program offers a variety of activities for the community including family recreation swim, adult lap swim, youth swim lessons for ages birth to 13 years, facility rentals for private pool parties, a youth competitive swim team (PASA - Palo Alto Stanford Aquatics), and an adult competitive swim team (Rinconada Masters). Currently, the City has existing contracts to provide the Masters Swim Program and the Palo Alto Youth Swim Program (PASA), while City staff provides staffing for the year round Lap Swim Program, Learn-to-Swim Program and Summer Recreation Swim. The majority of the aquatics programs are held at the City-owned Rinconada pool with summer swim lessons also occurring at the JLS Middle School pool. Beginning in mid-September through mid-May, the only aquatics activities that are offered are adult lap swim, the youth competitive swim team (PASA), and the adult competitive swim team (Rinconada Masters). In the Summer of 2015, the City struggled to hire and retain adequate pool staff to meet community demand for the Lap Swim, Learn to Swim and Summer Recreation programs. This growing challenge that has existed for several years peaked in 2015 when the shortage of qualified staff was so great that more than 50% of swim classes were at risk of being canceled. In addition, summer recreation camps had to cancel the popular recreation swim day typically included in camp programs due to limited lifeguards. In order to meet the demand for the 2015 Summer swim lessons and the recreation swim program, the Community Services Department (CSD) had to enter into an emergency contract with an outside vendor to mitigate the staffing shortages. Working on a very short timeline, CSD was able to write and approve a contract with Team Sheeper LLC, a professional third party aquatics service provider who was able to mobilize quickly and provide qualified professional swim instructors and lifeguards to support the Palo Alto aquatics programs. As a result CSD narrowly met its commitments in 2015 to the parents who enrolled their children in swim lessons. Following the 2015 summer swim season, CSD staff conducted program evaluations of the summer lessons that Team Sheeper LLC had provided. Parents of participants were very pleased with the experience and felt their children’s progress and technique had improved over the course of the lessons. Discussion Currently CSD staff is managing the winter / spring aquatics Lap Swim Program and continues to face difficulties with pool staff shortages, which is also compromising the aquatics program limiting community access to Rinconada Pool. A CSD Community Services Manager, Recreation Coordinator along with Lucie Stern Community Center Customer Service Staff has been assisting with lifeguarding and cashiering to avoid pool closures. As we move into late spring and then the summer months, when demand for swim programs is at its peak, CSD is again Attachment B City of Palo Alto Page 3 anticipating staff shortages and scheduling challenges. The Learn-to-Swim program will offer 398 swim lessons this summer (266 group lessons and 132 private lessons) to 1,220 participants. There are several reasons the City aquatics program is experiencing difficulty hiring and retaining staff. The City offers mostly seasonal work opportunities and not year round part time employment. The majority of the pool staff are students and after summer they are no longer available to work. Those who live and go to school in the area often continue working at the pool but this represents a small number of the aquatics staff. In addition, the City’s fees for swim lessons and pool use have not kept pace with market pricing and have made it difficult to remain competitive in attracting staff needed to keep pace with demand for services. Request for Proposals In response to the staffing challenges in Summer of 2015, during the Fall of 2015 the Community Services Department recommended to the Finance Committee and the City Council that staff release a Request for Proposals (RFP) to explore options for the delivery of aquatic programs and services to meet the increasing service demands for the City of Palo Alto. The Finance Committee approved the recommendation and staff brought the item to Council on November 9, 2015 where it was unanimously approved (Attachment B). The Community Services Department issued a Request for Proposals (RFP) in December 2015 for the following services: 1) Learn-to-Swim; 2) Youth Competitive Swim Team; 3) Adult Master Swim Team; and 4) aquatics facilities operation, including recreational swim, lap swim, and pool rentals. Firms were invited to submit a proposal for one or all of the above services and attend a pre-bid meeting. The City received two proposals. Both bids anticipated considerable increase in cost to deliver the Aquatics programs and services. After careful review of both proposals by a team of aquatic professionals, CSD staff began evaluating short and long term options for future program delivery with Team Sheeper LLC. Team Sheeper has the experience, staffing capacity and innovative programming to not only maintain the City’s aquatics program at its current level of service but also expand it, and add additional new programs if the City so desires. Reviewing the RFP proposals and evaluating the aquatics market has provided the opportunity to affirm that the City’s budget for Aquatics and the related fees for service are not sustainable. This raises an important policy question for the City regarding how best might the City provide aquatics programs and services for the community in the future. As the City continues to evaluate the long term options for managing the aquatics program, staff recommends the City enter into a short-term limited contract with Team Sheeper LLC to manage the Learn-to-Swim program for the summer of 2016 season (Attachment A). The contract will also allow Team Sheeper LLC to provide lifeguards for the recreation swim and lap swim programs to supplement City staff if the City is unable to hire sufficient staff to support these services. This short term contract will ensure that the needs of the community are Attachment B City of Palo Alto Page 4 fulfilled during the summer months while staff continues to explore options for longer term service delivery. The short term agreement provides staff with the time needed to consider the implications of a more comprehensive agreement with Team Sheeper LLC to support the City’s aquatic program. Staff will consider the potential impacts on staffing, customer service, program and financial analysis and take the needed time to meet the City’s obligations under the Memorandum of Agreement with the SEIU before returning to Council for further discussion and potential recommendations. Timeline May 2, 2016 – Agreement for Summer 2016 Learn-to-Swim brought to Council May 14, 2016 – December 31, 2016 – Agreement with Team Sheeper LLC for Summer Learn-to-Swim group and private lessons September – October 2016 – Evaluation and recommendation on long term service delivery approach for all aquatic programming Resource Impact The cost to the City to utilize the professional services of Team Sheeper LLC for the 2016 Summer Learn-to-Swim is $221,500; the proposed agreement also includes a $15,000 contingency for additional supplemental aquatic services if needed, bringing the total not to exceed amount to $236,500. The Community Services Department budget can absorb the cost of the contract without impacting the General Fund due to realizing cost savings by not staffing the Learn-to-Swim program and by reallocating department salary savings in FY 2016. Unfortunately, the City will be unable to meet community demand for the 2016 Summer Learn- to-Swim program without the assistance of a third party at this time. Attempting to do so, as experience has shown in recent years, would result in the cancelling of many swim lessons due to the challenges of hiring and retaining sufficient staff. As discussed above, the plan for longer term service delivery and resource impacts for the Aquatics Program will be evaluated during the coming Spring and Summer. Staff will explore the costs, opportunities and challenges of continuing to offer in-house aquatics programs versus a more comprehensive agreement with Team Sheeper LLC to oversee the City’s aquatics program. Staff anticipates returning to Council in Fall 2016 with a recommendation. Policy Implications This proposal is aligned with Comprehensive Plan goal G1: Effective and Efficient Delivery of Community Services. Environmental Review The recommendation in this report does not constitute a project requiring review under the California Environmental Quality Act (CEQA). Attachments: Attachment A - Contract 16908 with Team Sheeper (PDF) Attachment B City of Palo Alto Page 5 Attachment B - Nov 9 2015 Staff Report (PDF) Attachment B Professional Services Rev. March 31, 20151 CITY OF PALO ALTO CONTRACT NO. C16163983 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND TEAM SHEEPER, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 9th day of May, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TEAM SHEEPER, INC., a California corporation, located at 501 Laurel Street, Menlo Park, CA 94025, telephone: (650) 328-7946 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A.CITY intends to provide its Summer 2016 Session Recreation Aquatics Program (“Project”) and desires to engage a consultant to provide certified swim instructors to teach private and group swim lessons to registered participants in the Palo Alto Recreation Aquatics Program for the City of Palo Alto offered at the Jane Lathrop Stanford (JLS) Pool, 480 East Meadow Drive, Palo Alto, CA 94306 and Rinconada Pool, 777 Embarcadero Road, Palo Alto,CA 94301 in connection with the Project (“Services”). B.CONSULTANT has represented that it has 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”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 30, 2016 unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 2 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 described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall be Fifteen Dollars ($15) per participant per individual lesson for group lessons for up to 8,640 individual group lessons and Sixty Three Dollars ($63) per participant per individual lesson for each private lesson for up to 1,460 individual private lessons, not to exceed Two Hundred Twenty One Thousand Five Hundred Dollars ($221,500) during the period covering 06/13/16 through 08/11/16. In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Thirty-Six Thousand Five Hundred Dollars ($236,500.00). The compensation for additional services will be at a rate of $20.00 per hour. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. SECTION 5. INVOICES. At the conclusion of the season, CONSULTANT will invoice CITY for payment at the end of June, the end of August and end of December for any additional services. The CONSULTANT payment voucher will then be submitted to the fiscal section for payment at which point the CITYhas 30 working days from the last date of the payment voucher to render payment to CONSULTANT. Invoices must include CONSULTANT name, address, contract number, date of services, compensation amount. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 3 may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. 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 ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. 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 consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Carole Hayworth as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services and as the project coordinator to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 4 replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove 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 Project or a threat to the safety of persons or property. CITY’s project manager is Sharon Eva, Community Services Department, 1305 Middlefield Road, Palo Alto, CA 94303, Telephone: (650) 463-4909. The 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 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, 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 attorneys 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 Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 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 DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 5 survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 6 written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. 19.5. 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. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting 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. DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 7 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, 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. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be 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, CONSULTANT shall comply with the following zero waste requirements: •All printed materials provided by CCONSULTANT to CITY 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, unlessotherwise approved by CITY’s Project Manager. Any submitted materials printedby a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. •Goods purchased by CONSULTANT on behalf of CITY shall be purchased inaccordance with CITY’s Environmental Purchasing Policy including but notlimited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. •Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall providedocumentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 8 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. 25.3. 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. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 9 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney TEAM SHEEPER, INC. By:_________________________________ Name:_______________ Title:___ ________________________ Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Carole Hayworth Attachment B EXHIBIT A SCOPE OF SERVICES Team Sheeper, Inc. Contractor agrees to provide certified swim instructors to teach private and group swim lessons to registered participants in the Palo Alto Recreation Aquatics Program for the City of Palo Alto offered at the Jane Lathrop Stanford (JLS) Pool, 480 East Meadow Drive, Palo Alto, CA 94306 and Rinconada Pool, 777 Embarcadero Road, Palo Alto, CA 94301. Scope of services agreement to commence on Monday, May 16, 2016 and expire on Friday, December 30, 2016. CONTRACTOR SHALL 1.Provide Quality Program a.Conduct the program in a safe manner. b.Provide a Certified Lifeguard on deck whenever program participants are in water. c.Not allow participants to be in the pool without a Certified Lifeguard present onthe pool deck and providing supervision.d.Swim Instructors and Certified Lifeguards are: i.Knowledgeable and experienced in the subject and age group being taught based on the specific training program for lifeguards and swim instructors followed by Team Sheeper, Inc.ii.Reliable and punctualiii.Start and end lessons on time iv.Expected to notify their Team Sheeper, Inc Staff supervisor prior to the work shift if running late or unable to attend. Contractor is responsible for finding a replacement or providing a make-up lesson.v.Organized and prepared to teach at the start of each lesson e.If a lesson is missed by the Contractor, a make-up lesson is required to be provided by Contractor during a time that is convenient for the participant i.Contractor is responsible for contacting participants to reschedule or make-up the lesson(s).f.At the end of each lesson the Contractor will i. Monitor and ensure participants are picked up by an authorized adult by signing the participant in and out using the City’s ActiveNet roster. ii.Keep facility neat by putting away all equipment from pool deck, empty trash cans, pick up trash from pool deck, remove and replace pool coverson appropriate reels after each use. g.Program Evaluations i.Contractor will coordinate with City staff to create a single evaluation to be distributed to participants. ii.The last week of lessons, evaluations will be distributed to participantsby City staff. Contractor will communicate with participants the importance of completing the evaluation. DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B 2.Provide excellent Customer Service a.Build rapport with customers by greeting all participants and parents and create a welcoming and professional atmosphere. b.Address customer and City staff questions and concerns within 24 hours andprovide follow-up if needed. 3.Maintain Quality Instructors a.Meet the City of Palo Alto background requirements for all employees b.Appear for lessons wearing appropriate attire that is clean, presentable and clearly identified as Team Sheeper, Inc staff.c.Swim instructors and Certified Lifeguards will not use cell phones during workshifts i.e., while on the pool deck and in front of customers,except in an emergency. d.Provide consistency with quality standards for all instructors 4.Manage administrative tasksa.Take attendance and confirm registration numbers with City staff b.If a participant is not on the roster, ask for receipt. If participant is not registered, contact City community center front desk staff to confirm registration. 5.Maintain Proactive and Consistent Communication with City staff a.Communicate problems and issues immediately with the City of Palo AltoAquatics Coordinator via phone, email or in person.b.Inform City staff of participant injuries and complete necessary accident reports within 24 hour. Accident forms can be obtained from center staff. c.Respond in a timely manner to emails and phone calls within 24 hours d.Establish and maintain working relationships with City staff and customers.City staff consists but is not limited to Community Center front desk staff, Aquatics Coordinator, Supervisors, and the Contracts Administration Team. 6.Submit Invoices for payments. Invoices will include: a.Contractor address,b.date,c.invoice number, d. “bill to” information, e.registration numbers, session dates and location, and f.total amount to be paid. 7. Adhere to Department’s Aquatics Manual Policies and Procedures a. Responsible for knowing the City’s policies and procedures with regard toprivate and group lessons (i.e. waiting lists, cancellation, refund, satisfaction, etc.) b.Instructors are responsible for verifying that only registered participants are permitted to participate in City’s swim lessons. c. Ensure only swim staff use the pool office. d. Observe and enforce all pool rules. CITY SHALL 1. Process all registrations for private and group lessons2. Provide clean and safe facility for scheduled lessons at JLS and Rinconada Pool3.Oversee program delivery which includes but is not limited to: a. Work with Team Sheeper, Inc. on private and group lessons offerings, cancellations, and customer inquiries/concerns DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B b. Provide support to Team Sheeper, Inc. Staff to ensure the success of the class c. Provide essential information to deliver program (rosters, attendance sheets, waiting lists, etc.) 4. Develop and maintain proactive and consistent communication and rapport with TeamSheeper, Inc. a. Respond in a timely manner to emails and phone calls b. Communicate and resolve issues and concerns immediately 5. Provide excellent customer service to Team Sheeper, Inc. Staff and customers DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B EXHIBIT B SCHEDULE OF PERFORMANCE The parties agree that the instruction of swim lessons shall occur over the Summer 2016 session of the City's Aquatics Program. Below are the scheduled dates and times of each private and group swim session. DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B EXHIBIT “C” COMPENSATION A.NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professionalservices and reimbursable expenses, shall be Fifteen Dollars ($15) per participant per individual lesson for group lessons for up to 8,640 individual group lessons and Sixty Three Dollars ($63) per participant per individual lesson for each private lesson for up to 1,460 individual private lessons, not to exceed Two Hundred Twenty One Thousand Five Hundred Dollars ($221,500) during the period covering 06/13/16 through 08/11/16. In the eventAdditional Services are authorized by the City, the total compensation for additional services will be at a rate of $20 per hour and the total compensation for Additional Services is not to exceed Fifteen Thousand Dollars ($15,000.00) during the period covering 5/14/2016 through 12/31/2016. B.ADDITIONAL SERVICES. Additional Services (lifeguards), if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not includedwithin the Scope of Services described in Exhibit “A”. C.PAYMENT. At the conclusion of the season, Contractor will invoice the City for payment at the end of June, the end of August and end of December for any additional services. The Contractor payment voucher will then be submitted to the fiscal section for payment at whichpoint the City has 30 working days from the last date of the payment voucher to render payment to the Contractor. Invoices must include Contractor name, address, contract number, date of services, compensation amount. D.CANCELLED LESSONS. (Excluding weather-related cancellations, if applicable) In theevent that staff is late or misses a lesson, contractor is responsible for contacting participants to reschedule or make-up the lesson(s). E.FACILITY USE. If the Contractor uses the City’s facility for any purpose other than a mutually agreed upon and scheduled class under this agreement, then the Contractor pays all fees and charges as specified in the current Fees & Charges resolution. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Sub-total Basic Services $221,500.00 Reimbursable Expenses $0.00 Total Basic Services and Reimbursable expenses $221,500.00 Additional Services (Not to Exceed) $15,000.00 Maximum Total Compensation $236,500.00 Professional Services Rev. March 31, 2015 DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS 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, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY 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 NO 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: CONTRACTOR, 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 CONTRACTOR 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FORCONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C.DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II.CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III.ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONALINSUREDS” 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. DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Professional Services Rev. March 31, 2015 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 REASONOTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALLPROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THEEFFECTIVE DATE OF CANCELLATION. 2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 EMAIL: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-$POLICY LOCJECT COMBINED SINGLE LIMITAUTOMOBILE LIABILITY (Ea accident)$ BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (PER ACCIDENT)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ WC STATU- OTH-WORKERS COMPENSATION TORY LIMITS ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) TEAMS-1 OP ID: EG 06/24/2015 Debbie UplandBPIA Business Professional Insurance Associates 1519 South B Street San Mateo, CA 94402 Debbie Upland 650-341-4484 650-341-4465 Scottsdale Ins. Co. Hartford Accident & Indemnity 22357Team Sheeper Inc. 501 Laurel Street Menlo Park, CA 94025 3,000,000 A X X CPS2212695 05/11/2015 05/11/2016 100,000 X 5,000 3,000,000 3,000,000 3,000,000 X 1,000,000 B X X 51UECVF9958 05/11/2015 05/11/2016 The City of Palo Alto and Palo Alto Unified School District, its council members, officer, agents and employees are included as an Additional Insured in respects to the Insured's businessoperations. Additional Insured applies to the General Liability and Automobile policies only. Insurance is Primary and Non-Contributory. Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B Palo Alto Unified School District DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B DocuSign Envelope ID: 5AD079A9-47EF-4BF9-8331-B8F9460B18DA Attachment B City of Palo Alto (ID # 6296) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/9/2015 City of Palo Alto Page 1 Summary Title: From Finance: Aquatics RFP Title: Finance Committee Recommendation to Approve the Release of a Request for Proposal to Explore Options for the Delivery of the Aquatics Programs and Services for the City of Palo Alto From: City Manager Lead Department: Community Services Recommendation The Finance Committee recommends that Council approve the Community Services Department recommendation to release a Request for Proposal to explore options for the delivery of the Aquatics Programs and Services for the City of Palo Alto. Background In the summer 2015, the City of Palo Alto’s Aquatics program was severley understaffed and was in jeapordy of cancelling approximately 40% of the summer swim lessons. The Community Services Department enterered into an emergency contract with Team Sheeper, LLC to provide qualified, professional swim instructors and lifeguards at the JLS Middle School pool. The fall 2015 Aquatics program is underway and the program continues to experience staffing shortages and staff predict to have continuing staffing shortages in the winter 2015 season. The Community Services Department requests to explore alternative approaches to providing Aquatics services and programs to the community by releasing an Request For Proposal (RFP). This matter was discussed at the October 20, 2015 Finance Committee meeting. Discussion At the October 20, 2015 Finance Committee, staff presented the rationale for releasing an RFP to explore alternatives for the delivery of Aquatics Services. The Finance Committee unanimously approved the recommendation and the recommendation is now before Council for approval. For more details on the rationale to release an RFP for Aquatics services please see Attachment A - Finance Committee Report October 20, 2015. Timeline Attachment B City of Palo Alto Page 2 October 20, 2015 – Finance Committee presentation and discussion of the RFP November, 2015 –RFP released March, 2016 – Potential Council action on the scope of aquatics services to be contracted out Resource Impact The City cost recovery for aquatics programs and services, as described in recent Cost of Services Study, is below: Total Direct Expenses Total Indirect Expenses Total Full Costs Total Fee Revenue Total General Fund Subsidy Direct Cost % Recovery Full Cost % Recovery $623,895 $259,043 $882,938 $507,150 $375,788 81% 57% The intent of the RFP is to provide an enhanced level of service at or below current cost. Should alternative proposals require additional funding, staff will evaluate fees for that service to ensure cost recovery goals are met while being competitive in the marketplace. Policy Implications This proposal is aligned with Comprehensive Plan goal G1: Effective and Efficient Delivery of Community Services Attachments: Finance Committee Staff Report (PDF) Attachment B Recommendation Staff recommends that Council direct the Community Services Department to release a Request for Proposal to explore options for the delivery of aquatic programs and services for the City of Palo Alto. Background During the summer season which runs from mid-June through mid-August, the City of Palo Alto Aquatics program offers a variety of activities for the community including family recreation swim, adult lap swim, youth swim lessons for ages birth to 13 years, facility rentals for private pool parties, a youth competitive swim (PASA - Palo Alto Stanford Aquatics), and an adult competitive swim team (Rinconada Masters). Once the Palo Alto Unified School District begins their academic year typically in mid-August which we call “late summer,” the Aquatics program continues to offer the same activities excluding swim lessons. During this time, family recreation swim and facility rentals are only available on weekends since a majority of our staff are back in school and have limited work availability. The Aquatics off-season program runs from mid-September through mid-May, and includes limited activities offered daily such as adult lap swim, the youth competitive swim (PASA - Palo Alto Stanford Aquatics), and the adult competitive swim team (Rinconada Masters). In years past, the Aquatics program has attempted to offer youth swim lessons during the fall and spring seasons but due to the difficulty hiring and retaining staff, youth lessons are only offered during the summer season. Discussion The Community Services Department (CSD) would like to explore contracting out additional aquatics services provided at Rinconada Pool, and potentially other satellite pools in the community that the City rents during the summer. Currently, the City has existing contracts to provide the Masters Swim Program and the Palo Alto Youth Swim Program PASA, while City staff provides the year round Lap Swim Program, Learn-to-Swim Program and Summer Recreation Swim. This past summer the City managed programs (Lap Swim, Learn-to-Swim and Summer Recreation Swim), struggled to hire and retain adequate pool staff to meet community demand. This has been a growing challenge for several years and this summer it reached its tipping point. In order to meet the demand for the 2015 summer swim lessons and the recreation swim program, CSD had to Attachment B enter into an emergency contract with an outside vendor to mitigate the staffing shortages. Working on a very short timeline, CSD was able to write and approve a contract with Team Sheeper LLC, a professional third party aquatics service provider, who was able to mobilize quickly and provide qualified professional swim instructors and lifeguards to support the Palo Alto aquatics programs. As a result CSD narrowly met its commitments to the parents that enrolled their children in swim lessons in the spring. Currently CSD staff is managing the fall aquatics Lap Swim Program and we continue to face difficulties with pool staff shortages, which is also compromising the program and limiting community access to Rinconada Pool. There are several reasons the City aquatics program is experiencing difficulty hiring and retaining staff. The pay rates for lifeguards and swim instructors are not as competitive compared to other employment opportunities for high school and college students. The City offers mostly seasonal work opportunities and not year round part time employment. The majority of the pool staff are students and after summer they are no longer available to work. Those that live and go to school in the area often continue working at the pool but this only represents a small number of the aquatics staff. Provision of aquatics services for cities in the region is delivered in a number of ways. For example the City of Menlo Park contracted out their entire Aquatics program to Team Sheeper, Inc. and it now operates in a private public partnership as Menlo Swim & Sport. While contracting out is gaining interest from cities most cities within the area operate their aquatics program in-house or through a hybrid model like the City of Palo Alto, whereby a portion of the program is contracted out, typically their swim teams or clubs, while swim lessons and recreation swim remain in-house. The City of Morgan Hill has a unique partnership with the YMCA to run their recreation programs. As partners, the City of Morgan Hill and YMCA partner to provide high quality health and fitness, youth, teen, family, and senior programs including aquatics for residents and the surrounding community to enjoy. Currently, the City of Palo Alto provides a hybrid program where the Aquatics program is predominantly run in- house with the exception of our Master’s and PASA program which is provided by contractors. To address the issue of ongoing challenges to hire and retain aquatics staff CSD is drafting a Request for Proposals (RFP) for aquatics services for summer 2016. If agreeable to the Finance Committee and City Manager’s Office, CSD will release the RFP in late October 2015, evaluate proposals in December/January Attachment B and bring a recommendation to Council in early Spring 2016 for possible contracting out of additional aquatics services. Contractor(s) responding to the RFP would be able to submit proposals to manage the Learn-to-Swim program, the Palo Alto Youth Swim Program, Masters Swim Program, Lap Swim and Recreation Swim. Proposals would be accepted for one, some, or all of these services depending on the applicant’s area of expertise, capacity and interest. An internal meeting between Administrative Services (ASD), People Strategies and Operations (PSO) Departments and the City Manager’s Office was held on September 22 to discuss the CSD proposal to issue an RFP for aquatics services. Staff are in agreement with the approach outlined above, that would allow CSD to explore alternative options for the delivery of aquatics programs service through an RFP process. Recognizing that an RFP for aquatics services could impact an SEIU regular staff member, and several SEIU hourly staff, a Meet and Confer process is necessary. As such PSO intends to notify SEIU at their monthly regularly scheduled meeting on October 15 about the possibility of an RFP for aquatics services. Rinconada pool is a magnificent community asset. Exploring options for how we might better deliver aquatics programs and services to maximize community benefit is a prudent course of action in CSD’s view. By issuing an RFP to explore options the City may be able to improve the overall aquatics program with additional services and increased access to Rinconada pool for the Palo Alto community. Timeline October 15, 2015 – PSO meets with SEIU to notify them of the possible RFP October 20, 2015 – Finance Committee presentation and discussion of the RFP November, 2015 – Pending Finance Committee and CMO direction, RFP released March, 2016 – Council action on the to be determined scope of aquatics services to be contracted out Resource Impact The City cost recovery for aquatics programs and services, as decribed in recent Cost of Services Study, is below: Attachment B Total Direct Expenses Total Indirect Expenses Total Full Costs Total Fee Revenue Total General Fund Subsidy Direct Cost % Recovery Full Cost % Recovery $623,895 $259,043 $882,938 $507,150 $375,788 81% 57% The intent of the RFP is to provide an enhanced level of service at or below current cost. Should alternative proposals require additional funding, staff will evaluate fees for that service to ensure cost recovery goals are met while being competitive in the marketplace. Policy Implications This proposal is aligned with Comprehesive Plan goal G1: Effective and Efficient Delivery of Community Services. Attachment B TO: PARKS AND RECREATION COMMISSION FROM: JAZMIN LEBLANC, STRATEGY AND OPERATIONS MANAGER, COMMUNITY SERVICES DEPARTMENT AGENDA DATE: SEPTEMBER 27, 2016 SUBJECT: PROPOSED CHANGES TO THE PALO ALTO AQUATICS PROGRAM RECOMMENDATION Staff requests that the Parks and Recreation Commission provide feedback on the policy implications that arise from potentially contracting out the aquatics program. Staff has reviewed four management alternatives using the following criteria: •City and Customer Costs •Quality of Service and Customer Satisfaction •Diversity of Programming and Accessibility There are advantages and disadvantages to each of the alternatives. The alternatives differ by the extent to which the cost of aquatics programming is subsidized by the City versus borne more heavily by users. The question of how much the community will value additional pool hours and expanded programming is also a major factor. Executive Summary Rinconada Pool is a valued community asset, receiving over 58,000 drop-in visits to its lap and recreation swimming programs each year and providing swimming lessons to over 1,000 youth annually. In the past few years, City residents have made clear that they would like better pool access. Residents want open swim programs available for an extended swim season and would like to increase daily open hours. They would also like more access to youth swimming lessons with more lessons available and at more convenient times during the week. This increased demand for both recreational and instructional swimming, together with CSD’s difficulty in hiring adequate lifeguarding staff to provide swim lessons has led staff to recommend several changes to the Aquatics Program. In December 2015, after receiving direction from the Finance Committee and subsequently the full Council, staff released a Request for Proposal (RFP) to solicit bids for Aquatics Management services to improve the City Aquatics program. The evaluation is still ongoing however staff believes there are opportunities to not just maintain the aquatics program but to meet community requests to expand and enhance aquatics programming for Palo Alto. Staff is 1 Attachment C Part 1 looking forward to discussing the analysis with the Parks and Recreation Commission to answer questions and listen to its perspectives as we work toward a recommendation. The objective of the RFP is to consider alternatives for how we might best achieve the following: 1) Expand the recreational swimming season to open both pools for recreation swimming in mid-April and keep the pool open through late October. 2) Adjust and add open hours for lap swim and recreational swimming programs to better meet customer demands for pool use outside of 9 to 5 weekday hours. 3) Expand the swim lesson season to match the expanded recreational swim season and adjust swim lesson offerings to provide more evening and weekend lessons. Staff is evaluating four alternatives, each with advantages, disadvantages and tradeoffs: Alternative 1: CSD staff manages the recreation and lap swim programs and expand the season and hours to better align with customer scheduling preferences and demand, lap and recreation swim hours are increased and adjusted and the recreation swim season is expanded by 8-10 weeks to open earlier in the spring and close later in the fall. CSD contracts out the learn-to-swim program to Team Sheeper as well as management of Rinconada Masters and PASA. Alternative 2: CSD enters into an agreement with Team Sheeper to take over full operation of the City’s aquatics programming including the learn-to-swim program, management of PASA, a masters program, as well as lap swim and recreational swim. Team Sheeper’s proposal offers to expand programming by offering more swimming lessons year round, more weekly lap swim and recreation swim hours, a longer season of recreation swim, summer swim camp, and swim pro services. Alternative 3: CSD expands and updates the in-house Aquatics Program in order to provide a similar level and quality of service as the Team Sheeper proposal. This would entail using more lifeguarding hours than in previous years, dedicating a Community Services Manager position to aquatics (the aquatics program currently uses 25 percent of a Community Services Manager,) increasing lifeguarding hourly pay rates, and expanding the use of SEIU hourly lifeguards. Alternative 4: (Status Quo) The City chooses not to implement any of the first three alternatives. CSD would continue managing the pool in the same way as it has for the past two years. This means that Rinconada continues to operate with similar hours and scheduling as in previous years and the City contracts out the learn-to-swim program as well as management of Rinconada Masters and PASA, each to separate providers. Background During the summer season, which runs from mid-June through mid-August, the City of Palo Alto Aquatics Program offers a variety of activities for the community including: • family recreation swim, • adult lap swim, 2 Attachment C Part 1 • learn-to-swim lessons, • facility rentals for private pool parties, • a youth competitive swim team (PASA - Palo Alto Stanford Aquatics), and • an adult competitive swim team (Rinconada Masters). The City has existing contracts to provide the Rinconada Masters and PASA programs, while City staff historically has provided staffing for remaining programs. The majority of the aquatics programs are held at the City-owned Rinconada pool with some summer swim lessons also taking place at the JLS Middle School pool. Throughout the rest of the year (mid-September through mid-May), the only aquatics activities that are offered at Rinconada are adult lap swim, PASA, and the Rinconada Masters. For the past two summers (2015 and 2016), the City has struggled to hire and retain adequate pool staff to meet community demand for the Lap Swim, Learn-to-swim and Summer Recreation programs. In 2015, CSD entered into an emergency contract with an outside vendor to mitigate its Learn-to-swim staffing shortages. Working on a very short timeline, CSD was able to write and approve a contract with Team Sheeper INC., a professional third party aquatics service provider who was able to mobilize quickly and provide qualified professional swim instructors and lifeguards to support the Palo Alto aquatics programs. Following the 2015 summer swim season, CSD staff conducted program evaluations of the summer lessons that Team Sheeper INC. had provided. Parents of participants were very pleased with the experience and felt their children’s progress and technique had improved over the course of the lessons. Because the 2015 Team Sheeper program was well received by the community and worked well from a departmental standpoint, CSD entered into another short- term limited contract with Team Sheeper INC. to manage the Learn-to-swim program for the Summer 2016 season. There are several reasons the City aquatics program is experiencing difficulty hiring and retaining staff. The pay rates for lifeguards and swim instructors are not as competitive compared to other employment opportunities for high school and college students. The City offers mostly seasonal work opportunities and not year round part-time employment. The majority of the aquatics employees are students and after summer they have limited work availability. Provision of aquatics services for cities in the region is delivered in a number of ways. For example, the City of Menlo Park contracted out their entire aquatics program to Team Sheeper, Inc. and it now operates in a public-private partnership as Menlo Swim & Sport. The City of Morgan Hill has a unique partnership with the YMCA to run their recreation programs. As partners, the City of Morgan Hill and YMCA partner to provide high quality health and fitness, youth, teen, family, and senior programs including aquatics for residents and the surrounding community to enjoy. Currently, the City of Palo Alto provides a hybrid program where the 3 Attachment C Part 1 Aquatics program is predominantly run in house with the exception of our Master’s and PASA programs which are provided by contractors. In December 2015, CSD issued a Request for Proposals (RFP) for the following services: 1) Learn-to-swim lessons; 2) Youth Competitive Swim Team; 3) Adult Master Swim Team; and 4) aquatics facilities operation, including recreational swim, lap swim, and pool rentals. Firms were invited to submit a proposal for one or all of the above services and attend a pre-bid meeting. Two proposals were received and both bidders were invited to present their proposals and respond to questions from the consultant review team. The consultant review team was represented by five City staff, a Recreation Supervisor from the City of Mountain View, a Recreation Supervisor from the City of Milpitas, and a pool user (lap swim). After careful review of both proposals, discussing with the consultant review team and interviewing the two potential service providers, CSD staff began evaluating short and long term alternatives for future program delivery with Team Sheeper INC.. Team Sheeper has the experience, staffing levels, and innovative programming to not only maintain the City’s aquatics program at its current level of service, but also expand it and add additional new programs if the City so desires. Discussion In response to community feedback staff hopes to achieve the following: 1) Expand the recreational swimming season to open both pools for recreations swimming in mid-April and keep the pool open through late October. 2) Adjust and adding open hours for lap swim and recreational swimming programs to better meet customer demands for pool use outside of 9 to 5 weekday hours. 3) Expand the swim lesson season to match the expanded recreational swim season and adjust swim lesson offerings to provide more evening and weekend lessons. These recommended changes will result in better service to the public and will allow CSD to better meet our core values of: • Health, Wellbeing and Creativity – We provide high quality relevant programs and services that promote health, wellbeing & creativity. • Accessibility and Inclusivity – We deliver a diverse portfolio of programs and services efficiently and effectively, striving to be inclusive and accessible to a wide range of cultures, ages and abilities. • Proactive Stewardship – We protect and preserve parks and open space through comprehensive conservation policies and programs, and we maintain and enhance community facilities through best practice asset management. 4 Attachment C Part 1 • Strategic Partnerships – We strategically partner with the non-profit and private sectors, along with individuals in the planning and delivery of programs and services to build and strengthen community. There are four alternatives the City is considering as outlined below. These alternatives are in draft format, the alternative that will be recommended to Council will be further refined as we hear from the Parks and Recreation Commission (PRC) and additional members of the public. We ask the PRC to consider the policy implications between the alternatives and ask questions that the Commission believe to be most pertinent to help staff make a recommendation to Council that will result in the greatest value and highest and best use of Rinconada Pool for Palo Alto residents. Alternative 1: CSD staff manages the recreation and lap swim programs and expand the season and hours to better align with customer scheduling preferences and demand, lap and recreation swim hours are increased and adjusted and the recreation swim season is expanded by 8-10 weeks to open earlier in the spring and close later in the fall. CSD contracts out the learn-to-swim program to Team Sheeper as well as management of Rinconada Masters and PASA. Alternative 2: CSD enters into an agreement with Team Sheeper to take over full operation of the City’s aquatics programming including the learn-to-swim program, management of PASA, a masters program, as well as lap swim and recreational swim. Team Sheeper’s proposal offers to expand programming by offering more swimming lessons year round, more weekly lap swim and recreation swim hours, a longer season of recreation swim, summer swim camp, and swim pro services. Alternative 3: CSD expands and updates the in-house Aquatics Program in order to provide a similar level and quality of service as the Team Sheeper proposal. This would entail using more lifeguarding hours than in previous years, dedicating a Community Services Manager position to aquatics (the aquatics program currently uses 25 percent of a Community Services Manager,) increasing lifeguarding hourly rates, and expanding the use of SEIU hourly lifeguards. Alternative 4: (Status Quo) The City chooses not to implement staff recommendations. CSD would continue managing the pool in the same was as it has for the past two years. This means that Rinconada continues to operate with similar hours and scheduling as in previous years and the City contracts out the learn-to-swim program as well as management of Rinconada Masters and PASA, each to separate providers. 5 Attachment C Part 1 Net Cost of the Alternatives The following charts depict anticipated net costs of the four alternatives in Year One and Year Two. Year One – FY 2017 Forecasted Fiscal Impact Alternative 1 Alternative 2 Alternative 3 Alternative 4 FY 2018 Hybrid Contracted In House Status Quo Revenue 602,747 4,194 602,847 437,083 Operating Expenditures 466,179 60,386 704,425 564,469 Contract Fees 265,000 0 0 265,000 Maintenance and Overhead 299,819 299,819 299,819 274,819 Net General Fund Impact (428,250) (356,011) (466,796) (622,991) Potential Implementation Strategies CSD analyzed each of the four alternatives using the following criteria: • City and Customer Costs • Quality of Service and Customer Satisfaction • Diversity of Programming and Accessibility Alternative 1 (Hybrid Management) CSD staff manages the recreation and lap swim programs and expand the season and hours to better align with customer scheduling preferences and demand, lap and recreation swim hours are increased and adjusted and the recreation swim season is expanded by 8-10 weeks to open earlier in the spring and close later in the fall. CSD contracts out the learn-to-swim program as well as management of Rinconada Masters and PASA. Customer Pricing Lessons Alternative 1 prices remain largely unchanged from the current pricing structure but with slightly increased rates for youth swimming lessons. Palo Alto’s swim program fees have a cost recovery goal of covering 30 to 70 percent of costs, consistent with the City’s User Fee Cost Recovery Policy. The fee structure in place now has regularly met this recovery goal, with approximately 80 percent of direct costs covered by fees; 60 percent of total costs covered. 6 Attachment C Part 1 Palo Alto’s pricing is also close to the average of twenty other surveyed public swim programs with regard to group lessons (see Appendix A for more detail). Palo Alto’s group learn-to-swim lessons are priced at about $11 per lesson, when the area average is about $13 per lesson. Palo Alto’s private swim lessons are heavily subsidized and priced much lower than benchmarked jurisdictions. Palo Alto’s private swim lessons are approximately $24 per lesson, whereas the benchmark average was $40. If Council chooses Alternative One staff recommends increasing swim lesson pricing to the benchmark average. Staff also recommends increasing non-resident lesson rates to cover 100 percent of the contract cost per class. Currently, non-residents pay 10-12 percent more for swim lessons than residents and account for 20 percent of users. Proposed Swim Lesson Prices Palo Alto Resident Non-Resident Group Youth Lessons $13 $20 Semi Private Youth Lessons N/A N/A Private Youth Lessons $40 $63 Group Adult Lessons N/A N/A Private Adult Lessons $64 (60 min) $75 (60 min) Summer Camps N/A N/A Lap and Recreational Swim Palo Alto offers two fee options at Rinconada Pool for entrance to the recreation and lap swim programs: 1) daily entrance rates based on age (adult, youth, senior, and infant,) and 2) ten- pack options with differing prices depending on age and residency status in Palo Alto. We identified a benchmark average entrance rate for recreation and lap swim of $4 for adults—the same rate as our ten pack adult price. 7 Attachment C Part 1 Lap and Recreation Swimming Prices Alternative One Lap and Recreation Swim Pricing Re s i d e n t s Adult Senior Youth Infant Daily Rate $6.00 $4.00 $5.00 $3.00 10 Pack Per Use $4.00 $2.50 $3.50 N/A No n -Re s i d e n t s Adult Senior Youth Infant Daily Rate $6.00 $4.00 $5.00 $3.00 10 Pack Per Use $4.50 $3.00 $4.00 N/A City Costs Alternative 1 has an expected net General Fund cost of approximately $428,000 per year; roughly $300,000 of that cost is borne as facilities maintenance and overhead. Alternative 1 does not require any change to City staffing levels although staff would work to increase lifeguarding salaries in order to attract and retain pool staff. Alternative 1 would seek to improve staff deployment at the pools to ensure that we are appropriately staffed at all hours and in order to provide a longer swim season without adding additional hours of staffing at the pool. Quality of Service and Customer Satisfaction Team Sheeper and the City both place high value on pool safety and have similar maintenance and cleanliness standards. The most notable difference in programming between Team Sheeper’s model and the City’s is in the swim lesson model. Palo Alto offers summer-only group swim lessons that are held four days in a row for two weeks at a time. Team Sheeper offers year-round group lessons that meet once weekly and can last as long as necessary for a child to advance. Both programs offer a ratio of 4 students to 1 instructor and utilize high quality instruction methods. Team Sheeper’s swim lesson programming is different than the City’s traditional Red Cross program. The City’s learn-to-swim program has emphasized water safety and building comfort in the water. Team Sheeper’s program emphasizes water safety and comfort in the water but in addition focuses heavily on building fundamentally sound swim techniques in all four swim strokes. 8 Attachment C Part 1 Alternative One continues to use Team Sheeper to provide swimming lessons as we have for the past two summer seasons. Customer satisfaction has been generally positive for both summers using Team Sheeper to provide lessons. However, a sizable minority of residents have expressed a preference for Palo Alto’s previous model with a desire that the same lifeguards who provide lessons be the lifeguards used to staff the pool. This was the practice in the past and helped to build a sense of community. Diversity of Programming and Accessibility Under Alternative One, the diversity of programming would not change but accessibility would increase for recreational and lap swimming due to increased hours and a longer swim season. Swimming lesson accessibility could be enhanced by allowing Team Sheeper to offer more of their lessons on weekends and in the evenings. Because lessons are priced below Team Sheeper’s prices, the number of lessons could not increase without increasing City costs, so there would likely be more demand than available slots. Alternative 2 (Fully Contracted Management) Alternative Two assumes that CSD enters into an agreement with Team Sheeper to take over full operation of the City’s aquatics programming including the learn-to-swim program, management of PASA and Rinconada Masters, as well as lap swim and recreational swim. Team Sheeper’s proposal offers to expand programming by offering more swimming lessons year round, more weekly lap swim and recreation swim hours, a longer season of recreation swim, summer swim camp, and swim pro services. Customer Pricing Alternative Two has the highest customer costs of the four aquatics management Alternatives available. Increases in customer pricing would have the greatest impact on approximately 1,000 youth swim lesson participants and 1,800 10-Pack Lap and Recreation swim users. Lessons Team Sheeper would use the same pricing model for swimming lessons that it uses at Burgess Pool in Menlo Park. Their youth swimming lesson pricing is significantly higher than Palo Alto’s current pricing. Team Sheeper also maintains a different model for lessons going beyond the water safety focus that Palo Alto’s lessons have traditionally had and focusing in on swimming technique. Team Sheeper also offers more flexibility in their swim lesson program with the ability to schedule “make-up” lessons, and easily switch lesson levels and scheduling. Proposed swimming lesson pricing is detailed in the chart below: 9 Attachment C Part 1 Swim Lesson Prices Palo Alto Sheeper Resident Percentage Increase Resident Non-Resident Group Youth Lessons $11 $12 $22 100% Semi Private Youth Lessons N/A N/A $37 N/A Private Youth Lessons $24 $26 $67 165% Group Adult Lessons N/A N/A $30 N/A Private Adult Lessons $64 (60 min) $75 (60 min) $37 (30 min) 16% Lap and Recreational Swim Team Sheeper would use the same pricing model for lap and recreational swimming as it does at the Burgess Pool. Their proposal includes two tiers of walk-up prices, by differentiating between residents and non-residents. Adult residents who pay upon entry would see no change in the price they pay and youth over three years old would see a slight decrease in their rates. Senior rates would increase slightly as would infant rates. The table below outlines these changes. Alternative Two Lap and Recreation Swim Pricing Re s i d e n t s Adult Senior Youth Infant Daily Rate $6.00 $4.50 $4.50 $4.50 Monthly Pass $48.00 $36.00 $36.00 $36.00 No n -Re s i d e n t s Adult Senior Youth Infant Daily Rate $7.00 $5.25 $5.25 $5.25 Monthly Pass $54.00 $40.50 $40.50 $40.50 Roughly 40 percent of daily entrants to the pool currently are paid through the 10-Pack program which is a lower cost alternative to paying the daily entrance fee. For the current 10- Pack users, prices under the Team Sheeper contract would rise. The chart below indicates the percentage increase in pricing from the current 10-pack prices to the daily entrance fees for Team Sheeper. 10 Attachment C Part 1 Alternative Two Rate Increase for 10-Pack users Re s i d e n t s Adult 50% Senior 80% Youth 29% Infant 50% No n -Re s i d e n t s Adult 56% Senior 75% Youth 31% Infant 75% In 2015, approximately 1,330 residents used a 10-pack at some point in 2015 an average of 13 times per year and another 443 non-residents used the 10-pack in 2015 an average of 12 times per year. Approximately 30 percent of 10-pack users are seniors, 60 percent are adults, and 10 percent are youth. City Costs Alternative Two offers the lowest City cost to operate the aquatics facilities. Staff expects that Alternative Two would cost the City approximately $356,000 to operate the Aquatics Program in its first year of operations with the majority of the costs ($300,000) being attributable to facilities and maintenance. Alternative Two has an impact of about $70,000 less to the General Fund than Alternative One. Alternative Two also impacts City staffing. Currently the City has one permanent position and 12 SEIU hourly positions in the Aquatics Program. (Only 5 of 12 hourly positions are currently filled for a total of 2.06 FTE. The remaining 7 unfilled positions total 1.73 FTE.) Staff would need to work with the SEIU and the employees through the Meet and Confer process defined in the City’s Memorandum of Understanding with SEIU to determine how each employee will be impacted. Quality of Service and Customer Satisfaction As discussed in Alternative One, Team Sheeper and the City both place high value on pool safety and have similar maintenance and cleanliness standards. The most notable difference in programming between Team Sheeper’s model and the City’s is in the swim lesson model. Palo Alto offers summer-only group swim lessons that are held four days in a row for two weeks at a time. Team Sheeper offers year-round group lessons that 11 Attachment C Part 1 meet once weekly and can last as long as necessary for a child to advance. Both programs offer a ratio of 4 students to 1 instructor and utilize high quality instruction methods. Team Sheeper’s swim lesson programming is different that the City’s traditional Red Cross program. The City’s learn-to-swim program has emphasized water safety and building comfort in the water. Team Sheeper’s program emphasizes water safety and comfort in the water but in addition focuses heavily on building fundamentally sound swim techniques in all four competitive swim strokes. Customer satisfaction has been generally positive for both summers using Team Sheeper to provide lessons. However, a sizable minority of lesson users this year had concerns that Team Sheeper’s swimming lesson program is not as fun as Rinconada’s traditional lessons had been in previous years. Team Sheeper has provided the information below to elaborate on how their swim program goes beyond a traditional swim safety program: • Single Goal Approach- Swimmers focus on one skill or stroke at a time, they master the stroke being taught, while building on previous skills with each new level. • Each lesson is extremely focused on the individual student and their swim ability. We teach to the student while in a group setting. • Teachers will give students hands on and verbal instruction, they will modify the instruction given with each interaction, giving swimmers the feedback they need and tailoring the lesson to the student in each class. • Each time a student comes to a swim lesson they have the opportunity to advance. After demonstrating the skill they are working on successfully in three separate lessons, swimmers receive a ribbon and are able to move on to the next skill while staying in the same class. • Instructors provide support to the progress of the swimmers in collaboration with Deck Coordinators. Deck Coordinators are called over during a lesson to watch the student swim; they then provide feedback to the swimmer, give direction as needed and serve as a way to ensure the student is receiving the opportunity to advance. • Team Sheeper’s program is year round and not session based. Swimmers can continue progress without interruption. Session based programs can stop a swimmer’s momentum. The year round approach allows students the opportunity to join a class at any time, without feeling that they are behind. 12 Attachment C Part 1 • Year round classes allow Team Sheeper to hire full-time instructors with more experience than seasonal employees typically have. Team Sheeper’s staff includes many instructors with extensive backgrounds in aquatics, advanced degree in athletics, and some were competitive swimmers in the past. • They provide ongoing training and continued investment in all swim instructors, training courses include: swim clinics, new teaching methods, innovation to curriculum, teacher to student relationship building, and team building. Diversity of Programming and Accessibility Team Sheeper’s proposal offers more hours of lap and recreation swimming as well as other programs that Palo Alto currently does not provide including summer and holiday swim camps, aqua-fitness classes and swim pro services. Weekly Open Hours Status Quo Team Sheeper Su m m e r Lap Swim 39 79 Lap Pool Recreation 27 30 Wading Pool 55 86 No n -Su m m e r Lap Swim 42 52 Lap Pool Recreation 0 4 Wading Pool 0 46 The biggest potential Accessibility drawback from using Team Sheeper would be that some customers may feel they cannot afford the newly increased prices under a Team Sheeper. Team Sheeper offers a financial aid program for swim lessons, water polo team membership and lifeguard certification classes at its Belle Haven pool which they would explore bringing to Rinconada. Alternative 3 (Full-Service In-House Management) CSD expands and updates the in-house Aquatics Program in order to provide a similar level and quality of service as the Team Sheeper proposal. This would entail using more lifeguarding hours than in previous years, dedicating a Community Services Manager position to aquatics (the aquatics program currently uses 25 percent of a Community Services Manager,) increasing lifeguarding hourly rates, and expanding the use of SEIU hourly lifeguards. 13 Attachment C Part 1 Customer Pricing Lessons Alternative 3 prices are identical to Alternative 1 pricing. Under Alternative 3, youth group swim lesson pricing would increase to the area average of about $13 per lesson. If Council chooses Alternative Three staff recommends increasing private swim lesson pricing to the benchmark average of $40 per lesson. Staff also recommends increasing non-resident lesson rates to cover 100 percent of the cost per class. Currently, non-residents pay 10-12 percent more for swim lessons than residents and account for 20 percent of users. Proposed Swim Lesson Prices Palo Alto Resident Non-Resident Group Youth Lessons $13 $20 Semi Private Youth Lessons N/A N/A Private Youth Lessons $40 $63 Group Adult Lessons N/A N/A Private Adult Lessons $64 (60 min) $75 (60 min) Summer Camps N/A N/A Lap and Recreational Swim Pricing for lap and recreational swimming would be unchanged from Alternative One and Alternative Four (the Status Quo) and thus, would remain unchanged from current pricing. Lap and Recreation Swimming Prices Alternative One Lap and Recreation Swim Pricing Re s i d e n t s Adult Senior Youth Infant Daily Rate $6.00 $4.00 $5.00 $3.00 10 Pack Per Use $4.00 $2.50 $3.50 N/A No n -Re s i d e n t s Adult Senior Youth Infant Daily Rate $6.00 $4.00 $5.00 $3.00 10 Pack Per Use $4.50 $3.00 $4.00 N/A 14 Attachment C Part 1 City Costs Alternative 3 has an expected net General Fund cost of approximately $468,000 per year; roughly $300,000 of that cost is borne as facilities maintenance and overhead. In order to successfully operate a fully in-house aquatics program, staff recommends adding staffing and adjusting salary ranges. Specifically, Alternative Three requires an additional 0.75 FTE Community Services Manager and recommends increasing lifeguarding salaries by approximately 25 percent in order to attract and retain pool staff. Alternative Three would seek to improve staff deployment at the pools to ensure that we are appropriately staffed at all hours and in order to provide a longer swim season while minimizing additional hours of staffing at the pool, however, under Alternative Three, we expect that we may need to switch some unbenefited lifeguard positions to SEIU hourly lifeguards. Quality of Service and Customer Satisfaction The City places high value on pool safety and has high maintenance and cleanliness standards. Additionally, the in-house swimming lessons have historically received high customer service ratings and we would expect this to continue if Alternative Three were selected. Diversity of Programming and Accessibility Under Alternative Three, the diversity of programming would not change but accessibility would increase for recreational and lap swimming due to increased hours and a longer swim season. Alternative 4 (Status Quo) The City chooses not to implement staff recommendations. CSD would continue managing the pool in the same was as it has for the past two years. This means that Rinconada continues to operate with similar hours and scheduling as in previous years and the City contracts out the learn-to-swim program as well as management of Rinconada Masters and PASA, each to separate providers. 15 Attachment C Part 1 Customer Pricing Lessons Lessons are currently priced as follows. Status Quo Swim Lesson Prices Palo Alto Resident Non-Resident Group Youth Lessons $11 $12 Semi Private Youth Lessons N/A N/A Private Youth Lessons $24 $26 Group Adult Lessons N/A N/A Private Adult Lessons $64 (60 min) $75 (60 min) Summer Camps N/A N/A Masters Swim $75- 80/month $75- 80/month Lap and Recreational Swim Pricing for lap and recreational swimming would be unchanged from Alternatives One, Three and Four (the Status Quo) and thus, would remain unchanged from current pricing. Lap and Recreation Swimming Prices Alternative One Lap and Recreation Swim Pricing Re s i d e n t s Adult Senior Youth Infant Daily Rate $6.00 $4.00 $5.00 $3.00 10 Pack Per Use $4.00 $2.50 $3.50 N/A No n -Re s i d e n t s Adult Senior Youth Infant Daily Rate $6.00 $4.00 $5.00 $3.00 10 Pack Per Use $4.50 $3.00 $4.00 N/A City Costs Alternative Four has the greatest expected net General Fund cost of approximately $640,000 per year; roughly $275,000 of that cost is borne as facilities maintenance and overhead. The main drivers behind Alternative Fours high costs are: lower revenues from recreation and lap 16 Attachment C Part 1 swimming due to limited hours and higher staffing costs due to using outdating staffing needs models and projections. Quality of Service and Customer Satisfaction The City places high value on pool safety and has high maintenance and cleanliness standards. Additionally, the in-house swimming lessons have historically received high customer service ratings and we would expect this to continue if Alternative Four were selected. However, choosing the Status Quo will not alleviate the increasing demands from the community to provide more pool accessibility in the form of an expanding recreational swim season and longer pool hours. Diversity of Programming and Accessibility With the status quo, the diversity of programming and pool accessibility would remain unchanged and would not address the desires of the community to increase pool access. Impact on PASA and Rinconada Masters Council has a choice regarding how to proceed with PASA and Rinconada Masters. If the City elects to contract the aquatics program to Team Sheeper, Team Sheeper has proposed absorbing the Rinconada Master’s program and would subcontract with PASA to operate their program. No matter which Alternative is chosen, CSD is committed to offering high quality master and youth swim programs at Rinconada. Timeline • September 2016 – PSO meets with SEIU to notify them of the possible impact on 1 SEIU permanent position and 12 SEIU hourly positions in the Aquatics Program. (Only 5 of 12 are currently filled for a total of 2.06 FTE. The remaining 7 unfilled positions total 1.73 FTE.) • November 2016 – City Council presentation and discussion of the Aquatics Program Alternatives. • December 2016 – Pending City Council and CMO direction, contract with Team Sheeper finalized or Aquatics Programming changes begin. • January 2017 – Pool operations begin for 2017. 17 Attachment C Part 1 Resource Impact The City’s cost recovery expectations for FY 2018 under the various Alternatives outlined in this memorandum are detailed in the chart below. Forecasted Fiscal Impact Alternative 1 Alternative 2 Alternative 3 Alternative 4 FY 2018 Hybrid Contracted In House Status Quo Revenue 602,747 4,194 602,847 437,083 Operating Expenditures 466,179 60,386 704,425 564,469 Contract Fees 265,000 0 0 265,000 Maintenance and Overhead 299,819 299,819 299,819 274,819 Net General Fund Impact (428,250) (356,011) (466,796) (622,991) The intent of the recommendations in this memorandum are to provide an enhanced level of service at or below current cost. Both Alternatives 1 and 2 meet this goal. Policy Implications This proposal is aligned with Comprehensive Plan goal G1: Effective and Efficient Delivery of Community Services. Environmental Review The recommendation in this report does not constitute a project requiring review under the California Environmental Quality Act (CEQA). Attachments Attachment A – Youth Swim Lesson Program Pricing Comparison 18 Attachment C Part 1 Attachment A Youth Swim Lesson Program Pricing Comparison Swim school lesson pricing (per 30 minutes) Public Group Private City of Mountain View 7.00$ 25.00$ City of San Jose (Camden Pool)8.33$ N/A City of Cupertino 8.40$ 42.00$ City of Milpitas 8.63$ 38.00$ City of Morgan Hill 9.25$ 29.00$ City of Santa Clara 10.25$ N/A City of Sunnyvale Pools 10.88$ 49.50$ City of Palo Alto 11.00$ 24.00$ City of Fremont 11.13$ 33.75$ Los Gatos/Saratoga Recreation 12.00$ 37.66$ Menlo Park Belle Haven 15.00$ 67.00$ City of Redwood City 15.00$ N/A City of Campbell 17.50$ N/A Menlo Park Burgess 22.00$ 67.00$ Rancho Rinconada (Cupertino)N/A 33.00$ Private Laurelwood Cabana Club (Santa Clara)10.63$ 30.00$ Palo Alto YMCA - Ross 13.00$ 52.17$ Palo Alto JCC 16.00$ 55.00$ Flying Fish (Milpitas)18.00$ 54.00$ Star (Saratoga)19.50$ 78.00$ Sutton Swim (Campbell)22.00$ N/A AVAC (Almaden Valley)22.50$ N/A DACA (Cupertino)22.50$ 90.00$ Peninsula Swim School (Redwood City)23.12$ 46.00$ Kings Academy (Redwood City)23.25$ 64.00$ La Petite Baleen (Redwood City)23.50$ 64.00$ Waterworks (San Jose)27.25$ 80.25$ Resident/Member 19 Attachment C Part 1 APPROVED 1 2 3 4 MINUTES 5 PARKS & RECREATION COMMISSION 6 REGULAR MEETING 7 September 27, 2016 8 CITY HALL 9 250 Hamilton Avenue 10 Palo Alto, California 11 12 Commissioners Present: Jim Cowie, Anne Cribbs, Jennifer Hetterly, Abbie Knopper, Ed 13 Lauing, David Moss, Keith Reckdahl 14 Commissioners Absent: 15 Others Present: 16 Staff Present: Daren Anderson, Catherine Bourquin, Rob de Geus, Peter Jensen, Kristen 17 O'Kane 18 I. ROLL CALL CONDUCTED BY: Catherine Bourquin 19 20 II. AGENDA CHANGES, REQUESTS, and DELETIONS:21 22 Chair Lauing: Are there any agenda changes, requests or deletions? If not, it's time for 23 oral communications. 24 25 III. ORAL COMMUNICATIONS:26 27 Chair Lauing: Seeing no cards or people, I think we'll pass that for now. 28 29 IV. BUSINESS:30 31 1.Approval of Draft Minutes from August 23, 2016 Parks and Recreation32 Commission Meeting.33 34 Approval of the draft August 23, 2016 Minutes as amended was moved by Commissioner 35 Hetterly and seconded by Vice Chair Knopper. Passed 6-0 Cowie abstaining 36 37 Approved Minutes 1 Attachment C Part 2 APPROVED 2. Review of Aquatics Program Analysis 1 2 Chair Lauing: Next up is a review of the aquatics program analysis by staff. Who would 3 like to introduce that? Rob. 4 5 Rob de Geus: Good evening, Commissioners. Rob de Geus, Director of Community 6 Services. You all know Kristen O'Kane, but we also have another new staff member 7 here, Jazmin LeBlanc. She's our new Senior Analyst, who has a working title which I 8 still need to remember. She's like 2 or 3 months on the job now, Jazmin. She's been 9 helping us with this review of the aquatics program. I'll just make some introductory 10 remarks. Kristen and Jazmin will go through the presentation. I wanted to just frame this 11 because over the last couple of years we've found that the delivery of the aquatics 12 program, the way we're doing it now is really not meeting the needs of the residents of 13 Palo Alto. We felt it was important to take a good hard look at how we're delivering that 14 service and consider alternatives for how we might do a better job for the residents of 15 Palo Alto. We're really aiming for a high quality, consistent and diverse aquatics 16 program. We have a couple of alternatives that we're reviewing, and we're doing the 17 evaluation this past summer mostly. We really would like to hear the Commission's 18 thoughts on the sort of policy implications of a different delivery model and what you 19 think that might be and what do you think is in the best interest of Palo Alto residents and 20 what they might hope is the outcome of a study like this. Ultimately, we'll be going to 21 Council, hopefully in the fall with a recommendation. Your input will be extremely 22 helpful. With that, I'll pass it on to Kristen. 23 24 Kristen O'Kane: Good evening. Kristen O'Kane, Community Services. Jazmin and I are 25 going to share this presentation tonight. I'm going to start out by just probably telling you 26 things you already know about our aquatics program. Currently, the City of Palo Alto's 27 aquatics program offers adult lap swim, which is year round; family recreation swim; 28 learn to swim; swim lessons; and facility rentals for private pool parties. Those last three 29 are only offered in the summer. Family rec swim and learn to swim is offered at the 30 City-owned Rinconada pool but then also at JLS Middle School pool, which we lease 31 from the School District. We also have two partner firms that operate the youth 32 competitive swim team as well as the adult masters swim team. Those are partnerships 33 that are run by a third party. Rob touched on this a bit. We were faced with some severe 34 staffing issues. Back in 2015 we were faced with a difficulty of hiring and retaining 35 aquatics staff to operate and run our summer swim program, so we had to take some 36 immediate measures to handle that. We also learned from residents, and we've been 37 hearing this for quite some time, that residents want more access to the pool. They want 38 a longer season. They want longer hours. We're also responding to that as well. The 39 staffing shortages. Like I mentioned, summer of 2015 we were really struggling to hire 40 and retain lifeguards and fill the shifts that we needed for lifeguarding but also for swim 41 instructors. It was to the point where we were at risk of canceling many of our summer 42 Approved Minutes 2 Attachment C Part 2 APPROVED swim lessons just due to staffing shortages. We did an emergency request for proposals 1 to obtain a third party who could satisfy our need just for that summer. We did that and 2 had a successful summer. Following that, we continued to have shortages, and actually 3 some of our full-time staff, our aquatics recreation coordinator, had to fill in for some 4 lifeguarding, which resulted in overtime as well as it's not the best use for him to be at the 5 pool lifeguarding. Another thing that we've learned over the past couple of years is that 6 there's really an increased demand for our aquatics programs, for our swim lessons, for 7 our family recreation swim. Both in 2015 and 2016, we've had a lot of classes that have 8 been full or wait-listed. Half of our youth swim lessons in 2015 were either full or there 9 was a waiting list for them. This past summer 30 percent of our classes were wait-listed 10 or full. We've done some surveys, one very recently, where we asked recent participants 11 of the swim lessons program, which is really the parents of the participants of swim 12 lesson, if they would like to have an extended season for swim lessons, have additional 13 lessons in the fall and the spring. 70 percent of the respondents said yes, they would like 14 to see that offered. Half of our respondents also said that they'd like to see more 15 recreational swimming opportunities offered by the City. In response to this feedback, 16 what staff has identified as our objectives are to expand the recreational swimming 17 season; adjust and add hours for the lap swim and recreational swimming outside of the 18 9:00 to 5:00 hours; and then also expand the swim lesson season and provide evening and 19 weekend lessons as well. In fall of 2015, staff went to the Finance Committee with a 20 recommendation that we go out for an RFP to explore the option of a long-term contract. 21 We addressed in the one summer of 2015, and what we decided to do was will there be 22 interest and what would it look like if we did a long-term contract with someone. It was 23 more of an exploratory phase at the time. This then went to Council in winter of 2015 24 and was subsequently approved. We went out for an RFP, and we got two firms that 25 responded. When we did the RFP, we made it very broad. Respondents could bid on one 26 or more options. If someone just wanted to do lifeguarding, they could bid on that. If 27 someone wanted to do lifeguarding and learn to swim classes, they could do that as well. 28 We also included the youth competitive swim team and the masters team in that proposal. 29 I'm going to turn it over to Jazmin now to discuss the results of the RFP. 30 31 Jazmin LeBlanc: Thanks. I'm Jazmin, a new employee with CSD. We reviewed that 32 RFP. We received two responses, evaluated both and chose to proceed with Team 33 Sheeper's bid, which was an extensive bid to cover all of the program areas at the pool. 34 Team Sheeper's bid not only met the City's need to provide swim lessons without running 35 into staffing shortages, but it also provides an enhanced level of service with increased 36 pool hours and new programs. We also looked at several other options for pool 37 management: Team Sheeper's bid; continuing the status quo; expanding our in-house lap 38 and rec swim hours while contracting out the swimming lesson portion of the program, 39 which has been the hardest part to fill staffing-wise; and looking at what it would take for 40 us to provide in-house programming that has a more expanded recreational and lap 41 swimming program and also has the swim lessons that residents are demanding. We 42 Approved Minutes 3 Attachment C Part 2 APPROVED looked at these four options using the three criteria that you can see here: City and 1 customer costs; quality of service and customer satisfaction; and diversity of 2 programming and accessibility. On the first note, you can see City costs projected in 3 Year 1 for these four options. The alternative that is fully contracted out, that's Number 4 2, is the option that has the lowest General Fund impact. Team Sheeper proposed a 90/10 5 revenue split, where they would give the City 10 percent of their revenues throughout the 6 year. Sheeper expects that the revenue share would—the split would stay the same, but 7 we would likely see increased revenues after the first year as more and more customers 8 begin using the pool. Contracting just swimming lessons has the second lowest impact 9 on the General Fund, but it does not provide the same level of programming as 10 Alternative 2. It does expand the lap and recreational swim season by several additional 11 weeks, but it doesn't add more swimming lessons where Sheeper does offer more lessons 12 plus several other programs. The full in-house alternative is more expensive than these 13 first two options. A large factor for that is that we recommend adding another staff 14 person, a Community Services manager, who can really help to provide sufficient 15 oversight if we want to enhance what we're offering in-house. We also would 16 recommend, if we're going to go with an in-house option, that we increase lifeguarding 17 salaries, because that's one of the things that we've identified as causing our staffing 18 shortages. We think that would help. As you can see, the status quo is actually what we 19 project to be the most expensive option. This is looking at budgeted figures. It estimates 20 a lot less revenue than you'll see in the other options, because it doesn't have that 21 expanded season, it doesn't have expanded lessons, and it's not using the staffing 22 strategies that Team Sheeper's model proposes. We tried to replicate in the in-house 23 changed versions for 1 and 3. In customer costs, you'll also see some big differences. On 24 the in-house versions we did not propose any changes to the lap or rec swim prices, and 25 we didn't modify prices for masters or youth swimming programs. Team Sheeper 26 proposed prices that would match the price structure that they have in place at Burgess 27 pool, which is essentially not different for drop-in lap and recreational swim users. It's 28 also not different for masters swimmers. In this model, Team Sheeper would manage 29 PASA as a subcontractor. They may possibly want to have lane fee increases at some 30 point in the future, but that's not part of what we were looking at, and it's not part of their 31 plan at this point. The other thing that we'd want to note about lap and recreational 32 swimming is that right now at Rinconada pool you can purchase ten packs of tickets, 33 which reduce the gate prices in some cases relatively dramatically. About 40 percent of 34 rec and lap swim users utilize the ten-pack program, so they would see a price increase 35 under the Team Sheeper; however, Team Sheeper also offers a monthly pass program. 36 For heavy users of the pool, people who are going 12 or more times a month, they would 37 actually see their prices drop compared to what they're paying now at the pool. On to 38 lessons. We also looked pretty extensively at swimming lessons, youth swim lessons, 39 across these four options. In Alternatives 1 and 3, we propose increasing—those are the 40 in-house versions where we sort of ramp things up a bit. In-house, we would propose 41 increasing swim lesson prices to be a little bit more in line with what we identified as 42 Approved Minutes 4 Attachment C Part 2 APPROVED benchmark comparisons for other public pool facilities in the area. Right now, our swim 1 lessons come out to be about $11 per lesson. This would raise it to about $13 for group 2 lessons. Team Sheeper has a significantly higher rate than that, where they're offering 3 lessons at about $22 per lesson. This is the middle of the range for private operators of 4 swim lessons in the area. It's a bit different. Where we've historically compared 5 ourselves with public facilities, they're comparing themselves with other private 6 offerings. They offer a fee reduction program, and they're willing to offer a similar fee 7 reduction program in Palo Alto. In the fee reduction program for people with low 8 income, the prices drop about 66 percent, so it's pretty dramatic. They've also offered, if 9 we want to subsidize a little, if we do want to go with Team Sheeper, they've offered to 10 raise their prices to $18 in the first year rather than $22, so that it's a little bit less of a 11 heavy impact on residents. If we were to do that, they would want the $4 price difference 12 to be subsidized by the City in that case. We have a policy question here. Do we feel 13 like the increasing lesson prices will lead to fewer residents enrolling their children in the 14 learn to swim program? If so, are there options that we can explore to alleviate that? 15 When we looked at quality of service and customer satisfaction, we found that both Team 16 Sheeper and the City have received generally high customer satisfaction ratings from 17 users; although, they have really different lesson strategies. The City has modeled its 18 lesson program on the Red Cross water safety program, which emphasizes safety and 19 comfort in the water. Team Sheeper also emphasizes safety and comfort in the water, but 20 really goes beyond that and has innovating programming where they are trying to make 21 sure that every students in their lessons has the opportunity to perfect the swim strokes. 22 Should they want to, they can move into competitive swimming in the future. Because 23 they're offering year-round swim lessons, they're able to get professionals who really 24 know their stuff with regard to swim lessons, and they also offer this deck manager 25 program where, in addition to a person in the pool with the children, they have another 26 person who's sort of roaming and providing additional oversight. Sheeper's program is 27 flexible with make-up lessons available, a simple process for changing schedules for 28 lessons. Like I said, with the year-round programming, kids can start at any time and 29 continue their progress until their family decides they no longer need it. Team Sheeper's 30 programming is much more expensive than the City's current offerings, but we have 31 another question. Do we feel like this innovative lesson philosophy will lead to better 32 outcomes? The final criteria that we looked at was the diversity of programming and 33 accessibility. Alternative 2, Team Sheeper's proposal, offers the biggest increase in 34 programming. As I mentioned, they offered not just increasing the number of swimming 35 lessons at different times of the year and day as well as the increased lap and recreational 36 swim access, they also proposed swim camps, aqua fitness programs, triathlon team, 37 water polo and therapeutic aquatics, to name a few. Their expanded hours, we think, will 38 increase pool access to users who would like to use the pool on evenings and weekends 39 and recreational users who are looking for access outside of summer months. In 40 Alternatives 1 and 3—those are the sort of enhanced City options—we also looked to 41 expand recreational and lap swim hours but are not proposing to offer those additional 42 Approved Minutes 5 Attachment C Part 2 APPROVED programs such as the swim camps that I mentioned. The other thing we wanted to 1 mention here is that Team Sheeper really maximizes, especially if you look at Burgess 2 pool, the use of the pool, which leads to more customers at the pool, which is great but 3 also a double-edged sword. On the one hand, there are more people using the pool, and 4 we're getting greater community access. On the other hand, current pool users will have 5 more people to share their swim lanes with. This kind of leads to our final question 6 around the criteria. Do we feel like a higher level of programming at the pool will lead to 7 higher or lower customer satisfaction? Thank you so much for listening to this 8 presentation. We'd really appreciate to hear your thoughts around these key policy 9 implications and which alternative will result in the greatest value and highest and best 10 use of Rinconada pool for Palo Alto residents. Your input will inform our analysis and 11 recommendation to Council. Thanks. 12 13 Chair Lauing: Do you want feedback on these two specific bullet points? Is that a good 14 way to organize the discussion? 15 16 Mr. de Geus: Yes, I think that would be great to do it that way. I like that picture up 17 there, because the impact's also going to be on the customer base. There's a young 18 swimmer watching and wondering what we're going to do in the aquatics program. 19 20 Chair Lauing: How many takes did you have to have to get that shot right? Who would 21 like to start? 22 23 Commissioner Cribbs: I would be happy to start. 24 25 Vice Chair Knopper: I was going to say let the swim expert go (crosstalk). 26 27 Commissioner Cribbs: The swimmer will start. 28 29 Chair Lauing: I think that's a pretty good place to start. 30 31 Commissioner Cribbs: First of all, I'm very happy to see this report and to see some of 32 the things that you're suggesting, just because the old swimmer in me thinks about going 33 by Rinconada, which I do very often, and seeing during the winter time empty, not used 34 pools. That really is not a good thing, because every other pool, I mean broad statement, 35 is over-packed, jammed and should be used 24 hours a day almost, at least from 6:00 in 36 the morning to 9:00 at night. It's good that we're looking at this. That's the first thing. 37 The four different alternatives are very interesting. We obviously can't afford to do the 38 status quo. That's probably not acceptable, I would think, to the staff and to the Council. 39 That leaves three left. Of the three, I can see that Team Sheeper is very attractive and 40 very interesting, because there are professionals really managing and focusing on the 41 program with the latest swim techniques and the latest ways of doing things. That's a 42 Approved Minutes 6 Attachment C Part 2 APPROVED good thing. However, I'm very concerned specifically about the cost of the swimming 1 lessons, because I feel like one of the things that we all need to do is to make sure that we 2 give our kids the opportunity to learn to swim, because drowning is such a high cause of 3 death among teenagers, even in Palo Alto. It's really scary and serious. Even though 4 Palo Alto's supposed to have a lot of money, there are families here who will find this 5 very difficult to afford $22 for one single lesson. As a detail, I would be in favor of 6 raising the private lessons but not the group lessons. The other comment that I have is 7 that I'm concerned about the longstanding relationships that we have all had in Palo Alto 8 with both Palo Alto Swim Club, which I believe was found in the 1950s, if I'm not 9 mistaken, and has been at Rinconada ever since, and also Rinconada Masters that was 10 found sometime in the '70s. I just want to make sure that if those programs aren't 11 working, then we obviously should look at them. If they're working and we're just going 12 in a different direction, I'd like to hear more conversation about that. I have some little 13 detail questions as I went through here, but I think those are my big comments for now. 14 15 Mr. de Geus: Just on that last point, Commissioner Cribbs, we were sort of expecting 16 that we would have the masters and PASA bid on their part of the pool operation for the 17 competitive swim or the masters. What in fact happened is Team Sheeper and PASA and 18 the masters got together and talked amongst one another about how they might work 19 together. They sort of proposed altogether. I think they're all sort of excited about being 20 able to do that and improve all of the programs, both masters and PASA, with Team 21 Sheeper. 22 23 Commissioner Cribbs: That's a good thing, but how would that work actually? How 24 would they manage that? What would be the reporting relationship? Who collects the 25 money? How does that all happen? Maybe it's details that you don't know yet. 26 27 Mr. de Geus: In an alternative where we have one contract with Team Sheeper, then 28 those two organizations would subcontract to Team Sheeper. Our relationship would be 29 with one organization. One of the alternatives is where Team Sheeper just does the swim 30 lesson program, which is what we did this last summer and the summer prior. We have a 31 contract with them for that, and we have a separate contract with Carol McPherson for 32 the masters program and another contract with the competitive swim program, PASA, 33 and then we retain the lifeguard program. That's how it's currently working. 34 35 Commissioner Cribbs: I appreciate that. I just wanted to mention this kind of 36 longstanding relationship especially with Palo Alto. 37 38 Mr. de Geus: It's a good point. Team Sheeper, I think, wants to maximize the pool and 39 get lots of activity and diversity of swimming in there. What will that mean for the 40 masters program and PASA? Will they be able to retain the same amount of pool time as 41 Approved Minutes 7 Attachment C Part 2 APPROVED they have today? Probably not. That's true for everyone that goes to the pool under a 1 Team Sheeper model. There's going to be a lot more sharing needed. 2 3 Commissioner Cribbs: You know if you ask anybody who's a swimmer that they always 4 need more water, more water, more lanes, more this. 5 6 Mr. de Geus: Right, and that's a tradeoff. 7 8 Commissioner Cribbs: Is there an opportunity, if you decided to do the Team Sheeper or 9 even the other alternatives, that you could look at keeping the pool open year round and 10 not closing it in the end of October and opening it in the first of April? I would love to 11 see winter swimming. I think the people in this area would come and go swimming in 12 the winter time. 13 14 Mr. de Geus: We can look at doing that. Heating the pool during the winter is costly. 15 There's a certain number of months where we'd—we'd have to look at that. We would be 16 open to that. We want to see greater access to the pool that makes sense for the public. 17 18 Commissioner Cribbs: I could go on, because you could drop the temperature a little bit 19 and people would be okay with that. You could have a bubble over the pool. We could 20 build another 25-yard pool, but that's in the Master Plan so that's for later. I'll stop now. 21 22 Chair Lauing: Commissioner Knopper. 23 24 Vice Chair Knopper: Thank you. I just had a couple of questions. I did like Alternative 25 2. It just made sense to me to provide more opportunities for people to swim is really 26 great. I concur with everything Commissioner Cribbs just said. She's obviously at a 27 much higher expert level in this area than I am. My first question is we get 28 approximately, if I remember when I read this, 1,300 resident users and like 440 29 nonresident users. Correct? 30 31 Ms. LeBlanc: For swimming lessons? 32 33 Vice Chair Knopper: It was in the report. Was it just users of the pool or was it—here. 34 Approximately 1,330 residents use a ten pack at some point per year and 443 35 nonresidents use. Is capacity at the pool—this is really a capacity question before I ask 36 the money question. Is it too much capacity for the pool if we changed it to just residents 37 only, if we're over capacity? If we're adding all these other programs and you don't want 38 to edge out the Rinconada masters and PASA is obviously very rich, and they have all 39 their competitive stuff. It's a question. Is that something that we should entertain? I 40 don't know. The pricing just like a dollar or two based on all of the other cities, I don't 41 think that would be an impact. The private pricing is a concern. I think private lessons, 42 Approved Minutes 8 Attachment C Part 2 APPROVED especially when you have a new swimmer, there's tremendous value to having a one-on-1 one lesson. Even though I do like the fact that they offer 66 percent off for finance 2 reduction. You've had a lot of positive feedback from Team Sheeper, so it makes sense 3 to me that they would be a really great vendor to use, which would support what you're 4 looking for with regard to an alternative. I guess that's all I wanted to say. It's really this 5 resident/nonresident. I think this is sort of what we go through with some of the Foothills 6 Park or whatever. Do we want to kind of go down that path especially if we have one 7 pool? I do like the idea of winter swimming. I think it's fantastic exercise, especially 8 with the Master Plan where we're trying to do more senior. A lot of people who are older 9 swim in the winter because things hurt. After you swim, it feels a little better. We're 10 trying to enrich that. I'll shut up, I swear. Also in the Master Plan we're talking about in 11 our later report that private/public opportunities. Would this be an opportunity for us, 12 because I think it would, to try to find some sort of private sponsorship, somebody to help 13 us offset? I don't know. Like going to the swimming vendors, like Speedo or TYR, I 14 don't know. Right? Is that how they say it? 15 16 Commissioner Cribbs: Those are vendors. 17 18 Vice Chair Knopper: Say would you offset—sometimes they like to do that, because 19 they want people to wear their gear and they do pop-up shops or whatever. Like, do we 20 have an opportunity to offset our costs if the City has to make a differential payment or 21 something? I don't know. I'm done. 22 23 Ms. LeBlanc: Thank you. I'll start with capacity. The capacity is really mostly a 24 problem on warm summer weekends, when we have the pool open roughly from 11:30 25 until 4:00 and 500 people want to use the pool all in a very short time period. I think if 26 we were to expand the hours, we'd actually ease up capacity quite a bit. If you go over 27 to—I'm a resident of Palo Alto and a mother. I go to Burgess pool and I go to Rinconada 28 pool quite a bit. Burgess pool is open, I think, from 10:00 a.m. until at least 7:00 p.m. 29 On the same day when I get turned away at Rinconada, I can go to Burgess, and they 30 have the capacity just because people are spreading themselves out over the day. I think 31 we would help a lot in that case. The other thing I'll say is if we are going to go with the 32 contracted model, Team Sheeper put a lot of thought into how many lanes they dedicate 33 to swimming lessons versus lap swim versus their masters program versus the youth 34 swimming. They really have tried to make sure that they're getting as many people in as 35 they can without overburdening any particular group. They do that by offering just such 36 a long day. They also are proposing to do a year-round swim program. They wanted to 37 do it in both the round pool and the lap pool. We already heat the lap pool all year round, 38 so there isn't an added cost for heating the pool if we go with a year-round program there. 39 We don't heat the round pool all year round now, and we don't have a cover. I 40 investigated the price. Public Works manages the gas and water and chlorine bills there. 41 It would be a pretty dramatic increase; I think it was about $60,000 more to heat the 42 Approved Minutes 9 Attachment C Part 2 APPROVED round pool in the winter rather than just heating it through the end of October and starting 1 it up again in the middle of April. That's a question if we would want to spend the money 2 on that or not. In terms of the prices, the other issues that we ran into with Team Sheeper 3 is they really see the user base at Burgess pool and the user base at Rinconada as almost 4 the same. The pools are not very far apart. As I mentioned, I'm one of those people who 5 goes to both pools. They don't want to have a dramatically different pricing structure at 6 Rinconada than Burgess, because they would just see people shift their use from one of 7 their pools to another. That's where we do have some trouble negotiating the prices a lot. 8 There may be some willingness to at least for a year or 2 years, 3 years kind of ease into 9 increasing prices should we want to go with them. I meant to mention this during the 10 presentation. Despite the fact that they're so much more expensive per lesson, they 11 actually are able to do about 15 times more lessons in Burgess pool than we're doing in 12 Rinconada pool right now. It is a big price hit. Because they're able to cover their costs, 13 they're not subsidizing each and every lesson, they're able to get a lot more students into 14 their programs. That's another consideration. 15 16 Mr. de Geus: Just to add one thing to that, Jazmin. We would still expect to have 17 resident registration be a lower cost than nonresidents and also to have advance 18 registration for residents particularly for the spring and summer swim lesson programs. 19 If there's enough residents that need swim lessons, they could fill up all the capacity. To 20 your question about if we were just to support residents alone, residents do get that initial 21 advantage. 22 23 Commissioner Cribbs: I was just thinking that if you could mitigate the cost by just 24 having a lower fee—I understand what Team Sheeper is saying. You can't have two 25 different prices in two same places. If you could do it by just controlling and having it be 26 for Palo Alto residents, I just think it's our obligation. That's really too expensive. To 27 provide cheaper, less expensive lessons. 28 29 Chair Lauing: Were you done with your responses to Commissioner Knopper? Other 30 Commissioners? Commissioner Moss. 31 32 Commissioner Moss: I have several comments. One more thing about the pricing. If 33 there was some way to add to your Alternative 2 a scholarship or something like that, 34 maybe $20,000, $30,000 worth of scholarships, it might address what she's talking about. 35 I also like the idea of significantly reducing it for residents. I think it's way more 36 expensive. It's so expensive that I wonder if you charged $18 an hour instead of $13 an 37 hour how much more competitive would Hybrid 1 or 3 be if you charged more. When I 38 saw that the ten pack for instance was going to go up 50 percent for adults, 50 percent for 39 infants—this is residents—and 80 percent for seniors, that's a real shock. I think you 40 really need to look at the pricing and maybe beef up your Alternative 1 and 3 a little bit 41 and also offer some scholarships or, like Commissioner Knopper said, get some 42 Approved Minutes 10 Attachment C Part 2 APPROVED sponsorship or some pop-ups or something like that to reduce the costs. I think that's 1 really important. The other thing is the swimming strategies, the teaching strategy of 2 Team Sheeper. Somewhere I read that it's "not as fun," and second of all I heard that they 3 would do away with the ability to have four or five lessons in a row in a week. In other 4 words, if the family's on vacation and they would like to spend the whole week learning 5 to swim, they can't do it because the model is every week on Tuesday at 4:00 for as many 6 weeks as you want ad infinitum. That's a different model. I know that I as a parent 7 would not—it has some appeal, but I like the other model as well. When they say not as 8 fun, when you talked about the pre-competitive, 90 percent of the kids are not going to—9 a large percentage are not going to want to be pre-competitive, but they're going to want 10 the safety, they're going to want to learn to swim, and they're going to want to have fun 11 because they want to be able to do it for the rest of their life. I know we burned out one 12 of our kids. At least two survived, but the third one didn't. Anyway, it's important for 13 some kids to have fun. That's the customer satisfaction question that you had between 14 the two. The other thing was about sharing the space. I think if you spread out the hours, 15 you're going to be able to share the space a little bit more. The last thing I wanted to 16 mention was hiring students. I think it's really, really important that we have some clause 17 in the Team Sheeper that even though most of their hiring going to be full-time, 18 permanent employees, that you have a certain percentage, especially in the summer, be 19 students. If you don't have enough students, fine. I think if you have a base number of 20 students, I think it's really important for the students and for the kids and also for the City 21 to have that as an option. That is all for now. 22 23 Chair Lauing: Commissioner Reckdahl. 24 25 Commissioner Reckdahl: I too was taken aback by the large increase in the group rate 26 especially. If you're going to raise anything, the group rate is the entry point. I would be 27 very sensitive to that. Can you go back to Slide 9? I had some apples and oranges 28 questions. Obviously the status quo we have limited hours. When we're comparing these 29 alternatives, we don't get the same benefit from Alternative 4, which ironically is the 30 most expensive. I agree that that's a nonstarter. The other three, you mentioned that 31 Alternative 1 had less lessons. It has the amount of swimming? Can you clarify the 32 differences between these as the amount of product that the residents sees? 33 34 Ms. LeBlanc: Yes. In the in-house versions for contracting the swim lessons but nothing 35 else, Option 1, and the Alternative 3, which we do it in-house, we tried to match the level 36 of swim lesson offerings that we have had in the last several years. It doesn't increase the 37 number of lessons the way that Team Sheeper's contracted version is proposed to do. 38 39 Commissioner Reckdahl: I thought Alternative 3 had the same—we're trying to mimic 40 Alternative 2. Is that not the purpose of Alternative 3? 41 42 Approved Minutes 11 Attachment C Part 2 APPROVED Ms. LeBlanc: We're trying to mimic it at least with regard to the lap and rec swim hours. 1 What we've come to understand is that it's been really a struggle to get the instructors we 2 need for the swim lessons. At least initially we would probably try to just maintain or 3 maybe increase lesson offerings a bit. The other issue is that the lessons are very heavily 4 subsidized. For each lesson, it actually kind of is a hit to the General Fund. There's a 5 cost-benefit analysis to adding ... 6 7 Commissioner Reckdahl: Can you give an estimate of how many hours of lap swim each 8 of these alternatives have and how many hours of swim lessons each one has? 9 10 Ms. LeBlanc: Yes. Let me pull up my file. I have it in my head that the rec swim hours 11 are 56 hours a week in the summer. For anything where we expand our offerings and 12 that's the same as Sheeper's. 13 14 Commissioner Reckdahl: That's rec. Is that just rec or is that rec and lap? 15 16 Ms. LeBlanc: Rec and lap. 17 18 Commissioner Reckdahl: For all three of those options, we have 56 hours a week for lap 19 and rec. How many hours a week do we have for lessons on these three? 20 21 Ms. LeBlanc: Sorry. I printed out a lot of information, and I didn't print this one. 22 Actually I know where I can get it. 23 24 Mr. de Geus: I can add something while Jazmin's looking at this. In discussions with 25 Team Sheeper for Alternatives 2 and 3, if we were to expand the program in-house, we 26 wouldn't lock into a schedule for multiple years. As we expand the program, we would—27 we would write this into a contract with Team Sheeper as well, because ultimately we 28 must satisfy the customer base. We would adapt and adjust as we go. If we have not 29 enough lap swim hours, we might expand the lanes and hours. Their proposal is sort of 30 an initial schedule, but we'll be working with the community and the swimmers to see if 31 it's working. If it's not, make adjustments as we go. They're very open to that. 32 33 Ms. LeBlanc: For the weekly open hours in the summer, the enhanced program 34 recommends 79 hours of lap swim versus 39 right now; 30 hours of lap pool recreation 35 time versus 27 now; 86 hours with the round pool open versus 55 now. 36 37 Commissioner Reckdahl: You're comparing which option to now (crosstalk)? 38 39 Ms. LeBlanc: Any of the first three. We're really attempting to increase hours no matter 40 which option we go with. This is just compared to the status quo. 41 42 Approved Minutes 12 Attachment C Part 2 APPROVED Commissioner Reckdahl: Can you start over? I missed that. 1 2 Ms. LeBlanc: It's 79 hours for lap swim versus 39; 30 hours of lap pool recreation time 3 versus 27 now; 86 hours with the round pool open versus 55 now. Those are summer 4 hours. In the non-summer seasons, the proposal is 52 hours of lap swimming versus 42 5 now; 4 hours a week of lap pool recreation time versus 0 now; and 46 hours of the 6 wading pool time versus 0 now, the round pool. Like I said, the round pool we might not 7 want to go with in January, in the dead of winter, just for the gas pricing. 8 9 Commissioner Reckdahl: The first numbers that you gave us, the 79 to 39 and 30 to 20 10 and 86 to 55, that's for all three of these? 11 12 Ms. LeBlanc: Yeah. 13 14 Commissioner Reckdahl: I thought that in your presentation you said that we didn't have 15 the same ... That's just recreation. That's not lessons though. That was the difference 16 between ... 17 18 Ms. LeBlanc: Lessons, we're proposing to try to just make the lesson timing better 19 initially. Like Rob said, if we can add more lessons in future years, we would try that. 20 This is where we've been struggling to get people. 21 22 Commissioner Reckdahl: Can you estimate—this doesn't have to be highly accurate, just 23 an estimate—the number of swim lessons that we have in 1 and 3 versus 2? 24 25 Ms. LeBlanc: Yeah. I would say in 1 and 3, the number of hours for swim lessons would 26 be about 500 probably. The number in 2 would be, I think, about—I'm not sure how this 27 works out. Right now Team Sheeper offers 1,200 lessons a week, 1,200 30-minute 28 lessons. Some of those are group; others are individual at Burgess pool. Let's say that 29 it's—I don't know—200 hours of private lessons and another 200 of group per week. Am 30 I doing this right? I'm trying to do the math on the fly here. Much greater, much greater, 31 because they're offering so many more lessons than we are. 32 33 Commissioner Reckdahl: We have 500 hours per week ... 34 35 Ms. LeBlanc: No. I think per season. We're proposing to have roughly ... 36 37 Commissioner Reckdahl: That's lane hours we're talking about. 38 39 Ms. LeBlanc: Yeah, I think so. 40 41 Approved Minutes 13 Attachment C Part 2 APPROVED Commissioner Reckdahl: Big picture. What I'm trying to get at here for Slide 9 is 1 and 1 3 have the same amount of recreation and the same amount of open lap swim but much 2 more lower lessons. 3 4 Ms. LeBlanc: Than 2, yeah. 5 6 Commissioner Reckdahl: Than 2. The lessons are being offered by Sheeper. 7 8 Ms. LeBlanc: In alternative 1, Team Sheeper has no problem offering as many lessons as 9 we would like. The problem is our cost. Each lesson right now—for group lessons, I 10 think, we have about $8 that we pay to Team Sheeper per individual per lesson. As we 11 add more lessons that Team Sheeper is willing to offer, we have to pay that unless we're 12 going to raise our prices. They're contract states that they get $20 per child per lesson, 13 and we're charging $11. Nine, not $8. 14 15 Commissioner Reckdahl: Go to Slide 11 please. If we look at these numbers, if we 16 added more lessons to Alternative 1 to try and match the number of lessons in Alternative 17 3, how much more is that? Is that another $20,000 or another $200,000? 18 19 Ms. LeBlanc: It's a lot, yeah. If you look at Alternative 1, the line that says contract fees 20 is all lesson prices. That's paying for Team Sheeper to provide those lessons. It doesn't 21 account for the revenue that we get from the lessons. The cost isn't actually $265,000. 22 It's net, but it is going to be about $9 per lesson for each person doing the lesson. I want 23 to say that'd be about $90,000 for how many people we have enrolled. 24 25 Commissioner Reckdahl: This is hard to compare because we're comparing options and 26 costs, but we get different—you're comparing a Mercedes to a Yugo. It's hard to judge 27 what's the best value. I'll move on to my other questions. I still am not happy with the 28 data. 29 30 Ms. LeBlanc: I'm just looking at the modeling that I did. I estimated that we would have 31 about 1,100 swim lesson enrollments under the in-house options, and Team Sheeper had 32 proposed that they would have about 4,600. It is a big difference between the options and 33 possibly something where we would want to look at what that cost would be, were we to 34 try to add as many lessons as Team Sheeper is proposing. 35 36 Mr. de Geus: Commissioner Reckdahl, we're not asking the Commission to help make 37 the decision this evening. We'll be coming back next month. If there's additional 38 information that you just—I have some of the same questions. If we can tease those out, 39 then we can work on those and bring them back next month. 40 41 Approved Minutes 14 Attachment C Part 2 APPROVED Commissioner Reckdahl: That would be useful. The two options I see is to have Hybrid 1 Number 1, where we still do the lap swim, but we just boost up the number of lessons 2 that we hire Sheeper for. It'd be really nice to compare 1 and 2 with an equal number of 3 lessons. A 2B would be how much—if we wanted to say all Palo Alto residents get $16 4 lessons instead of $22, how much would that balloon Option 2 up to? Thank you. 5 6 Chair Lauing: Did you have other questions. 7 8 Commissioner Reckdahl: I have a couple more questions here. When we talked about 9 Sheeper's concentration on strokes, what are they giving up if they're spending more time 10 on strokes? I don't know how swim lessons work. What is a typical swim lesson, and 11 what are they omitting so they can do more stroke work? 12 13 MS. LeBlanc: I think a big factor is just the kind of caliber of the instructors. As we 14 mentioned, there's a lot of full-time instructors. I'll let you weigh in. 15 16 Chair Lauing: We have a resident expert here. 17 18 Commissioner Cribbs: I would just say that the Red Cross lessons do teach you how to 19 be safe in the water. I assume that Sheeper's lessons will concentrate on the four basic 20 swimming strokes, the competitive strokes, freestyle, backstroke, butterfly and breast 21 stroke, not necessarily in that order, and prepare kids for not only swimming on a swim 22 team but being able to go into water polo, being able to go into synchronized swimming 23 and all of that kind of thing. It's not that much different from Red Cross, because there 24 are wonderful levels in Red Cross. They do do a great job. I think the changes that the 25 instructions most likely who are getting kids ready for competitive swimming have a lot 26 more knowledge that lifeguards who are coming in for the summer. Having said that, my 27 first swimming lesson was from a lifeguard at Sequoyah High School. Does that help? 28 29 Commissioner Reckdahl: That does help. I'm just wondering if there's a difference in 30 teaching style or teaching material, can we prescribe and say, "Can we have some of this 31 style and some of this style," and add variety and let the residents choose what they think 32 is the best. Commissioner Moss' point about hearing the comment it's less fun, we are 33 doing something maybe some kids don't want to be competitive swimmers. They just 34 want to have more fun. That would be an option. 35 36 Mr. de Geus: I have to mention this one thing, this interesting fact. The last visit we had 37 with Team Sheeper at the Burgess pool, they have an underwater hockey court that they 38 installed. Some regular swimmer there loved the sport and donated the court. 39 Apparently they do this every couple of weeks; they have this big underwater hockey—40 I've never heard of it, but it was kind of (crosstalk). 41 42 Approved Minutes 15 Attachment C Part 2 APPROVED Chair Lauing: With or without scuba tanks? 1 2 Mr. de Geus: (crosstalk). Snorkel, yeah. 3 4 Commissioner Reckdahl: We mentioned about how if you used the pool more than 12 5 times a month, it ends up being cheaper. Do we have any estimate of what percentage of 6 our swimmers use it more than 12 times a month? 7 8 Ms. LeBlanc: It's very small at this point. I think it's 18 people in the City. But with 9 more hours, I would expect a lot more people would use the pool more frequently. 10 Burgess pool, I think, has 250 residents that have lap swim memberships and come 11 frequently. 12 13 Commissioner Reckdahl: I also have a question about group lessons. How many 14 students are in a group lesson? 15 16 Commissioner Cribbs: Three. 17 18 Commissioner Reckdahl: Three, standard? 19 20 Commissioner Cribbs: Three to four. 21 22 Ms. LeBlanc: Four, four is the maximum. 23 24 Commissioner Reckdahl: When we looked at that attachment at the back, when it 25 compared all the different group lessons for the different cities, those were all roughly the 26 same size? 27 28 Ms. LeBlanc: Yes. 29 30 Commissioner Reckdahl: That's all my questions. Thank you. 31 32 Chair Lauing: Questions down at this end? Yes, Commissioner Cowie. 33 34 Commissioner Cowie: It sounds like we've done some things to address demand that 35 exceeds our capacity in terms of what Rob mentioned earlier about opening up 36 registration earlier for residents for certain programs. Some of the programs, though, like 37 lap swim, free swim aren't really susceptible to preregistration. I'd just like to get a sense 38 for how we think about the considerations of whether it's in the best interest of the City to 39 open up those things to nonresidents essentially on an equal footing. Maybe we price 40 them a little differently. If we're over-packing the pool and we're selling some people 41 that you can't come today, does that make sense if the reason they can't come is because 42 Approved Minutes 16 Attachment C Part 2 APPROVED we've opened it up to both residents and nonresidents? I'd just like to get some feedback 1 on that question. 2 3 Mr. de Geus: It's open to residents and nonresidents now for recreation swim and for lap 4 swim. I think we would have to see what would happen as we start expanding the hours. 5 There's going to be more hours during the week to be able to lap swim. I think we'd have 6 to just see what would happen there. I don't know that we would want to do anything sort 7 of dramatic with respect to making it a residents only lap swim for a period of time or 8 something like that. I don't think that would be necessary. I'm not sure if I'm getting at 9 your question. 10 11 Commissioner Cowie: I guess what I ask, Rob, is that you don't pre-judge it, that you 12 keep an open mind on the question. If you find that Jazmin's theory doesn't really play 13 out that way, you still have multiple hours on the weekends when it's free swim, that 14 we're sending people home, then maybe we ought to think about maybe it doesn't make 15 sense or maybe we ought to change the pricing and make the pricing for nonresidents 16 higher to reduce demand a little bit. I just worry, given that we only have really only 17 pool and we're opening it to nonresidents and we're hearing that it's oversubscribed, does 18 that really make sense? That's all. 19 20 Mr. de Geus: I think that's a really fair point. If we do go into a contract that is more 21 significant that what we've done here, we can write those things into the contract, the 22 expectations and reopening the discussion about schedule and that type of thing. That's a 23 good suggestion. 24 25 Chair Lauing: Was that it, Jim? 26 27 Commissioner Cowie: Yes. 28 29 Chair Lauing: Commissioner Hetterly. 30 31 Commissioner Hetterly: I just had a question about—I agree with most of what's been 32 said tonight. I have a question about JLS and how that fits in the picture under the 33 various scenarios. We now in the summer operate both at Rinconada and at JLS. Under 34 Alternative 2, would Team Sheeper run both of those pools in the summer? I just had a 35 comment about the programming. I have a competitive swimmer and a non-competitive 36 swimmer. There has always been great conflict around pool space between the two of 37 them and who's more entitled and who's less entitled. Obviously both want more, always. 38 I absolutely understand that PASA and masters want to be able to have enough lanes to 39 run their practices at pace. At the same time, there are a lot of kids who just want to get 40 wet. We were Greenmeadow members for a lot of years, and that was always a conflict 41 there. During the swim team season, you had a single lane for rec. I don't want to see 42 Approved Minutes 17 Attachment C Part 2 APPROVED that happen. I worry a little bit about the increased programming. I love the idea of aqua 1 fit classes, because I've seen that there's tremendous take-up for that kind of activity, 2 especially among seniors. It seems like it fills a great need. My kid's a water polo player, 3 so they'd love more options for water polo. I'm worried that if we add too many new 4 kinds of programming in the pools, then we're just adding another constrictor on the 5 unprogrammed time. I think that's something we are concerned about. Certainly coming 6 out of the Master Plan, we heard it from Council as well that we want to make sure 7 having opportunities for kids and adults to have unprogrammed time. That would be my 8 biggest concern about the Sheeper proposal, figuring out what that right balance is. 9 Thanks. 10 11 Chair Lauing: Any other? Did you get your questions addressed to be able to come 12 back? 13 14 Mr. de Geus: I think so. We want to get to a conclusion here with a solid staff 15 recommendation for Council to consider. We want to do that over the next month or two. 16 We expect to come back here again next month, and we'll follow up on the things we 17 heard this evening. If you have other things, that would be great. We may even bring 18 Tim Sheeper here, so you can meet him and actually ask some questions of his program 19 and some of the differences between what he does there at Burgess and elsewhere. They 20 also have two pools now they're running in San Jose, that they won bids for. I think that 21 might be helpful if you're interested in that. I would also add just on that point one of the 22 advantages of having someone like Tim Sheeper that manages multiple pools is they can 23 draw on staff from multiple locations, which is a challenge for a single operator like us, 24 where we just have one recreation coordinator running the pool. 25 26 Chair Lauing: Commissioner Cribbs. 27 28 Commissioner Cribbs: For next time you come back, could you do like a graph of when 29 the pool is open now, Rinconada, and when it's closed and what uses are during the times, 30 so that we could just see it on one piece of paper, and then the projections for when 31 you're open. If you're going to extend the opening through November, what that would 32 look like. Perhaps the kinds of uses that you could have through the real winter time. 33 That would be really helpful, I think, to see. Thank you. 34 35 Chair Lauing: Thanks very much. Very thorough. 36 37 3. Parks, Open Space, Rails and Recreation Facilities Master Plan. 38 39 Chair Lauing: The next item on the agenda looks familiar, the Master Plan. It's still with 40 us. Kristen, are you going to introduce that one? 41 42 Approved Minutes 18 Attachment C Part 2 APPROVED Kristen O'Kane: I'll be presenting on the latest status of our Master Planning efforts. I 1 have Peter Jensen and Daren Anderson here to provide support. What I'm going to talk 2 about today is I'd like to just do a brief recap of our Council Study Session. Many of you 3 were there, and we appreciate that very much. I just want to talk about some common 4 themes we heard at the Council Study Session. I will also be sharing with you our 5 revised Master Plan outline. We did reduce the number of chapters in the Master Plan. 6 The focus really will be on the revisions to Chapter 3 and the draft of Chapter 5, and then 7 the schedule to hopefully get us to completion. Our Council Study Session on 8 September 6 went pretty well. We heard a lot of comments from the Council. Some of 9 the themes we heard—this isn't everything we heard. Some of the themes were related to 10 demographics, specifically coordinating with the School District and just ensuring that 11 we have the right projections for population growth in the future. Also we heard a lot of 12 City/School District collaboration for space. Being able to not only get access to the 13 space but also a question as to what the legal rights are for the community to use School 14 District property. That's something we'll be working with our legal team on, to get an 15 answer to that. As Commissioner Hetterly mentioned, one thing we heard quite a bit was 16 this need and desire for more unstructured play, intramural sports, pick-up games, free 17 time, just time for kids to get out there, and even adults too to not be in the competitive 18 setting. We heard a lot of about dog parks and restrooms. Dog parks, I think it was 19 pretty much support for dog parks. Restrooms, I think there was support as well but also 20 just some concerns. Some Council Members sharing what they've heard from the 21 community and also just questions as to what the issues are with restrooms as far as 22 security and things like that. We did hear some comments related to the 10 1/2 acres at 23 the Baylands and the 7.7 acres at Foothills Park. Parkland dedication was also a common 24 theme and where we can dedicate parkland but also being cautious as to not restricting 25 ourselves too much on land if we do dedicate it. Incorporating elements of the Bike 26 Master Plan, making sure we're just coordinating with that Master Plan. The last one—of 27 course I had to throw it in here—the Pokémon Go stops we heard from a couple of 28 Council Members, incorporating that into our parks. I'm just going to share that Rob and 29 I were at Happy Hollow Park in San Jose recently. They had a whole big Pokémon Go 30 Day and just drew a lot of different customers that normally they don't have at Happy 31 Hollow, which is usually for smaller kids. They had a lot of teens come. They made this 32 whole day about Pokémon, and it drew a lot of people to the park. We started thinking 33 about how we could do that. I don't know if you wanted, Chair Lauing, to stop and have 34 any discussion on the Council Study Sessions? 35 36 Chair Lauing: Just if any Commissioners who weren't there want to make or who were 37 there—if there are any comments on that. David, did you want to say something? 38 39 Commissioner Moss: I thought it went really well, and they were very supportive. I 40 liked the interplay between Council Members about restrooms, positive and negative. I 41 Approved Minutes 19 Attachment C Part 2 APPROVED know where I stand, and I'm glad that there's a couple of Council Members who agree 1 with me. Anyway, I liked the interplay of that. I thought that it was very well received. 2 3 Chair Lauing: Others? I think basically that was the first time in months that staff or we 4 got direct feedback. The direct feedback was pretty much green lights. It was 5 comforting. 6 7 Ms. O'Kane: It was. Just switching gears a little bit to the Master Plan document itself. 8 We revised the outline a little bit. Just in reviewing the previous draft we had from our 9 consultant, we just scaled down, combined some of the chapters. Also, Chapter 3 has 10 been re-titled from "Needs and Opportunities" to "Analysis and Assessment." It just 11 better reflects the contents of that chapter. We took Chapter 4, which was a very small 12 chapter called "Our Desired Future," and combined it with the goals, policies and 13 programs. The site concept plans that were the books of all the before and potential after 14 plans of the parks, we've removed those completely from the Master Plan. We just felt 15 like they were too detailed to include at this time, especially since they're conceptual and 16 they're not final plans that are in place. We'll keep them in our back pocket for future 17 use. When we do renovate a park, we'll have that as a starting point, but they'll not be in 18 the Plan. Chapter 7, "Implementation," is now Chapter 5. Chapter 3, this one had quite a 19 bit of revision since the last time you saw it. Staff, Rob and I, met with the ad hoc group. 20 They also spent quite a bit of time reviewing, talking about it and revising this chapter. 21 For that, we really appreciate your help with that. It was very helpful to get your 22 perspective and also your assistance with that. Some of the changes are—I feel like we 23 have a clearer introduction now that sort of describes what needs and opportunities are, 24 what gaps are, sort of what's the difference between a need and a want. That just sort of 25 sets the framework for that chapter right at the beginning. We also added quite a bit of 26 information on demographics, which was missing before. I think it still needs a little bit 27 of work. We're just making sure we have the latest data. You can see in the chapter sort 28 of the direction we're heading and what we think are important demographics to point 29 out. In general, the chapter was reorganized to flow better and sort of follow the steps 30 that we went through, through the Master Planning process. Do you want to pause here, 31 Chair? 32 33 Chair Lauing: No, I think that's exactly right. Any other ad hoc people want to chime 34 in? 35 36 Commissioner Moss: I just felt that this Chapter 3 was fantastic compared to what we 37 had before. Much more concise, much easier to follow. I know a tremendous amount of 38 work went into that on both sides. I really, really appreciate it. 39 40 Ms. O'Kane: Moving on. 41 42 Approved Minutes 20 Attachment C Part 2 APPROVED Chair Lauing: Sorry. 1 2 Commissioner Hetterly: I didn't have a comment on the process, but I had one comment 3 on the content. On page 2 under transportation, that first paragraph, the last sentence I 4 haven't seen before. In addition to providing safe bike routes, encouraging users to use 5 alternate modes of transportation can be accomplished through limiting parking at parks 6 and recreation facilities. That's not something that we've talked about as part of this 7 Master Plan process. I'm reluctant to include it in this report. I don't know where it came 8 from. I'm happy to discuss it, but I think it's a policy issues that has significant 9 ramifications. 10 11 Ms. O'Kane: That did come from staff. In this section we talk about transportation but 12 only as far as bikes, sort of alternative modes for transportation. There are still a lot of 13 people who drive to parks. One way to sort of reduce the number of cars going to parks 14 and to use alternative modes of transportation would be to limit the parking adjacent to a 15 park. That's the thought behind it. 16 17 Commissioner Hetterly: I don't like it, and I'm happy to talk about it. If you want to hear 18 now why I don't like it, (crosstalk) maybe discuss it. 19 20 Chair Lauing: I thought we were going to talk about any comments that the 21 Commissioners had on Chapter 3, because this is the first time we've all been able to talk 22 about it since the ad hoc put its marks on there. Any level of comments from anybody. 23 We have that item on the table. Other comments, agreements or ... You don't agree or 24 you don't have any comment? 25 26 Commissioner Cribbs: Can I ask just a question about a comment that was here? 27 28 Chair Lauing: What about this one right here that we're talking about on page 2? Let's 29 see if we can come to agreement on that. 30 31 Commissioner Hetterly: Did you want me to talk about that? 32 33 Chair Lauing: If you want, yeah, or others can. 34 35 Commissioner Hetterly: I'll tell you the reason I don't like it in a nutshell. I think that is 36 a common strategy now to encourage mode shift in people's behavior. It's often 37 considered in terms of housing and office space development, whether or not we should 38 reduce the amount of parking that's provided in that kind of setting. Parks, I think, 39 though are very different. Rather than having a captive population like you do in an 40 office building or you do in a housing development, parks, we're really trying to get more 41 and more and more people to come all the time. The last thing that we want to do is turn 42 Approved Minutes 21 Attachment C Part 2 APPROVED people away because it's too hard for them to walk or it's too hard for them to bike or it 1 doesn't work out or they for some reason can't do it. I would say in a world where we're 2 looking from an environmental perspective at trying to reduce cars and reduce parking, 3 parks and recreation resources are the last rung on the ladder that we ought to attack. 4 5 Commissioner Moss: Yeah, Mitchell Park has the problem now. 6 7 Chair Lauing: Other comments on that? 8 9 Commissioner Reckdahl: The comment I would make is that, especially at larger parks, 10 people right next door, it's very hard for them to park already. For example, Mitchell 11 Park, if we reduce the parking at Mitchell Park, the neighbors would be walking 3 or 4 12 blocks just to go to their house. I think we have to be very careful about limiting parking. 13 14 Chair Lauing: I'll make a comment since everyone else is done. I think most of the 15 discussion that we've had over the years is the reverse, which is we've been trying to 16 figure out ways at certain areas to get little bit more parking a la Arastradero, where you 17 can't park some days, unless you park on the street or blocks away and then walk in. Of 18 course, stating the obvious, it would be compromising folks with limited access or senior 19 citizens as well. I think it was at the last meeting we were talking about one of those 20 access areas out by the antenna space. Were you making that comment, Keith, that 21 there's not enough parking to get to the Renzel wilderness space? 22 23 Commissioner Moss: (inaudible) 24 25 Chair Lauing: I thought it was something that was adjacent to the antenna place that we 26 were talking about rededicating. There's no parking there now to even get into it. I also 27 think this is antithetical to at least what we've been talking about. We want to encourage 28 alternate modes of transportation, but I don't think we want to just say, "By the way, you 29 can't use a car to get here." I agree to strike it. Are there minority reports that feel like 30 that should stay in? 31 32 Commissioner Cribbs: You want to strike the whole paragraph or just this last sentence? 33 34 Chair Lauing: No, no. The last sentence, I think. 35 36 Commissioner Hetterly: If you're looking to have other alternatives—if you're looking to 37 build the paragraph, you could maybe talk about shuttles or consider shuttles to the open 38 space areas, that kind of thing. 39 40 Chair Lauing: That'd be great. 41 42 Approved Minutes 22 Attachment C Part 2 APPROVED Ms. O'Kane: We will cut that sentence and talk about other options for transportation to 1 parks. 2 3 Chair Lauing: You had another comment, Anne, on something else? 4 5 Commissioner Cribbs: Yes, I did. On the second paragraph, I just wanted to know if the 6 60,000 commuters coming to Palo Alto to work included Stanford or Stanford is in 7 addition to that. 8 9 Chair Lauing: That's a good question. 10 11 Commissioner Hetterly: I think that includes Stanford Research Park but not the 12 University, is my guess. 13 14 Commissioner Cribbs: The number I've had in my head for a long time is 100,000 people 15 come into Palo Alto and Stanford every day. It's been that number for quite a long time. 16 I just wondered. Can we check on that? 17 18 Ms. O'Kane: Yes, definitely. 19 20 Chair Lauing: Other comments from anybody on content of Chapter 3 as revised? 21 22 Commissioner Moss: The question is how much does the Parks Master Plan have to 23 satisfy commuters as well as residents. If we have 100,000 commuters, how much 24 parkland do we need to dedicate to them as opposed to just residents. I think that's a 25 question that people will have. We've sort of been gearing towards residents only. When 26 you have 100,000 coming to our City, how many of them get to use our parks? 27 Somewhere in the demographics we should talk about that. 28 29 Chair Lauing: Sorry. 30 31 Commissioner Hetterly: Go ahead. 32 33 Chair Lauing: Commissioner Hetterly, go ahead. 34 35 Commissioner Hetterly: I was just going to ask for clarification. I don't think I quite 36 understand your question. We don't keep anybody out of our parks. Is that what you're 37 getting at or are you asking if we should be planning differently because of that extra 38 population? 39 40 Commissioner Moss: Right. Do we need to have even more parkland dedicated? This 41 100,000 people is a shock to me. Even 60,000 people was a shock to me. If we need to 42 Approved Minutes 23 Attachment C Part 2 APPROVED include additional parkland to satisfy commuters as well as residents, then I think it 1 should be mentioned somewhere in the Master Plan. 2 3 Chair Lauing: It's mentioned right here. Would you put it somewhere else or would you 4 want to elaborate on it? 5 6 Commissioner Cribbs: That's good here. 7 8 Commissioner Moss: I think this is great, to have it in there. Now I have to think about 9 where all the other places are that are impacted by that statement. Leave it in there. 10 11 Chair Lauing: Other comments on any of this? There are a lot of changes. 12 13 Commissioner Cribbs: I have one more. 14 15 Chair Lauing: Sure. 16 17 Commissioner Cribbs: On page 4 under the ethnicity and culture, I just was confused 18 about in the past decade the City's Asian population alone grew by 10 percent, but we 19 don't know what it grew from. I didn't know if that's important. Maybe not. 20 21 Commissioner Hetterly: In the previous version or in some version, there was a chart that 22 tracked. I think if we just put that chart back in—there are a couple of other charts that I 23 would recommend restoring—that clarifies that a little bit. I don't know if the chart 24 shows the absolute numbers, but you can see the growth. It's a bar chart from the census 25 decades. 26 27 Commissioner Cribbs: It would be good to have that chart. Otherwise, that sentence just 28 kind of stands alone. It's like why. 29 30 Commissioner Hetterly: I agree. 31 32 Chair Lauing: Another thing on the same vein that the ad hoc was talking about is that all 33 this is great, but we need to know where it's going. Even if it grew 10 percent, that 34 doesn't mean it's going to grow 10 percent again or 20 or 50. To the extent possible 35 without commissioning original research, we'd like to find out what the growth factors 36 are going to be in those demographic segments. That one's back to staff for research or 37 whatever you can find. Jim. 38 39 Commissioner Cowie: I'd just like to play devil's advocate for a minute on this point. I 40 don't know what a snapshot taken—this is maybe building a little bit on what you said, 41 Ed—in 2016 is going to do for a long-term plan as opposed to a general 42 Approved Minutes 24 Attachment C Part 2 APPROVED acknowledgement that the cultural mix in the City is always changing and has changed 1 for decades and likely will continue. We need to take that into account in our planning. 2 I'm just not sure that getting precise information about what it was in 1975 and what it 3 was in 2005, I'm not sure that's meaningful. 4 5 Chair Lauing: I agree. I'd rather know what it's going to be in 2025 if we have some 6 projection there, which still is a projection. To the extent that we can and that there's 7 more Asians or more seniors, then if they need special programming or special facilities, 8 then that's something we can act on. Without that data, you're kind of looking 9 backwards. 10 11 Commissioner Cowie: I guess what I'm saying is I think that's going to continue to 12 change and whatever we predict is going to be wrong. I think a more philosophical 13 statement of taking into the account the population of the City, the ethnic diversity, the 14 socioeconomic diversity is all part of our mission, I think. I think something along those 15 lines is a forever, permanent thing as opposed to trying to get a precise either snapshot of 16 the past or guess on the future. The past really isn't that relevant and the future is going 17 to be wrong. Whereas, the philosophy should apply always anyway. 18 19 Chair Lauing: Right, but I think there are some demographic segments that you can more 20 easily get forecast data for. For example, if there are seniors in the City and the trend has 21 been that they stay rather than leave, they're going to get older. There are actuarial tables. 22 That kind of stuff can be calculated more so than probably some of the demographic 23 groups. The School District forecasts the age groups and when they're going to go up and 24 when they're going to come back down. That's because they already have people that 25 they're counting. 26 27 Commissioner Cowie: They do, but they don't put that in a plan that's supposed to last 28 for 20 years. They adjust that every year. What I'm suggesting is that we acknowledge 29 the fact that it's ever changing in the permanent Plan, and on an annual basis we expect 30 the staff to deal with advice from this group and ultimately the City Council to determine 31 what's the appropriate mix. 32 33 Chair Lauing: Commissioner Hetterly. 34 35 Commissioner Hetterly: I guess I'd just push back on that a little bit, to take the other 36 devil's advocate side of I don't think the past is irrelevant. If we have seen a steady 37 pattern of growth in a certain segment of the population over the last 10, 20, 30 years, it's 38 not unreasonable to expect that that trend is not going to suddenly plummet. It's not 39 going to suddenly take a change without a major change in what's going on in the City. It 40 seems something catastrophic would have to happen for the number of Asians, for 41 example, coming into the City to suddenly disappear, and then we're down to whatever 42 Approved Minutes 25 Attachment C Part 2 APPROVED we were 10 years ago. I think the past is relevant. I don't think it's fully predictive 1 certainly. 2 3 Chair Lauing: Commissioner Reckdahl. 4 5 Commissioner Reckdahl: Where it really becomes important is if it affects your 6 construction. For example, if the senior population is aging and we're going to have more 7 seniors and we have to construct senior developments, that is a much bigger issue than 8 whether we have Polish or Asian or any other demographics. I think we have to say what 9 would we do with this. If the Asian population is growing, what would we do? If the 10 senior population is growing, what would we do? I think we have to look more at the 11 endpoint than the intermediate, what demographic is growing. 12 13 Commissioner Moss: Can I make one point? 14 15 Chair Lauing: Sure, go ahead. 16 17 Commissioner Moss: The reason the Asian population is important is because when we 18 went to the Midtown meeting on Sunday, there were at least two or three people who said 19 that their primary use of the parks was dancing and tai chi and that other thing that they 20 do. They need flat cement and a canopy over the top and could we do more. That's all I 21 wanted to mention. 22 23 Commissioner Cowie: I just want to make sure that the record is clear on this point. I'm 24 not saying it's irrelevant. I'm just saying it doesn't belong in the Plan. That's all. I think 25 it's very relevant. That's why I'm suggesting a philosophical construct makes a lot more 26 sense. It's permanent and you don't have to worry about getting it just right and having 27 the staff do a whole bunch of work about something that will be wrong tomorrow or a 28 year from now. I'm just not sure what the value of that work is. That's all I'm saying. 29 30 Chair Lauing: Anything else on Chapter 3? 31 32 Commissioner Cribbs: Yes. 33 34 Chair Lauing: Sorry. Commissioner Cribbs. 35 36 Commissioner Moss: (inaudible) on page 5. 37 38 Chair Lauing: I'm sorry. Go ahead. 39 40 Commissioner Cribbs: Go ahead. 41 42 Approved Minutes 26 Attachment C Part 2 APPROVED Commissioner Moss: One quick thing on page 5 under play for children. Can you 1 change that from play area to unstructured play? You mention it several other places, and 2 I think it's really important to put the word unstructured. It's where it says play for 3 children, somewhere in there. That's it. 4 5 Chair Lauing: Commissioner Cribbs. 6 7 Commissioner Cribbs: On the first paragraph after the geographic needs and 8 opportunities, I just didn't understand where south of El Camino Real is in Palo Alto. 9 The second sentence. Halfway down the page, page 5. 10 11 Ms. O'Kane: We will look at that and correct it. 12 13 Commissioner Cribbs: (crosstalk) my geography. I've never been south of El Camino in 14 Palo Alto. 15 16 Chair Lauing: You should get out more. 17 18 Commissioner Cribbs: Yes, I should. 19 20 Ms. O'Kane: Thank you. We'll look into that. 21 22 Chair Lauing: Anything else on 3? 23 24 Commissioner Cribbs: Maybe. 25 26 Chair Lauing: Take it away, 5. I'm sorry. Were you not done? 27 28 Commissioner Cribbs: Go ahead. It's okay. 29 30 Ms. O'Kane: Chapter 5 is the implementation chapter. This is, I'd like to point out, draft, 31 very draft. There are some placeholders that you'll see in there, that say under 32 development. Staff's still working on getting more research. I just wanted to point that 33 out. We would like to hear your feedback today. The implementation chapter goes 34 through the prioritization process, which is the five criteria that we've discussed before. 35 It includes the implementation timelines of near term, midterm and long term, and then 36 we've added a list of 15 priority projects and 15 priority programs that we feel, based on 37 community feedback as well as what staff knows today and what we've heard from the 38 Commission and Council on what we think need attention in the nearer term. I'll get into 39 that a little bit in more detail in a minute. Following that is an example action plan, 40 funding strategy today and tomorrow as well as how we're going to report on progress in 41 the future. We'd like to hear your comments and feedback on Chapter 5. One area where 42 Approved Minutes 27 Attachment C Part 2 APPROVED we'd specifically like to hear are the priority projects and programs, specifically if there's 1 anything that you feel is omitted from this list or you feel is on the list but should not be 2 included. I know there's a lot there, but this is one thing we heard repeatedly from the 3 Commission and the ad hoc specifically, having the list of what we know today that's 4 obvious, that requires some priority action. Some of these things, especially the projects, 5 could be completed in the short term. They're smaller efforts. They don't cost a lot. 6 There isn't as much planning involved. Some of the other ones, for example Cubberley 7 Community Center, that we'll pay attention to now, but the end result is not going to be 8 for a while and the cost is much higher. Just because it's on this doesn't mean it's going to 9 get completed in the next year to 5 years. It just means attention needs to be focused on 10 those. We'd really like to hear your feedback on those, but the whole chapter overall. 11 12 Chair Lauing: Let me just make one sort of comment on one of the shifts that we made, 13 just so you're aware of it. On the bottom of page 1, we've now swapped the batting order 14 for two and three. It used to be fill existing gaps, address community preferences and 15 respond to growth. We didn't think that was the right priority, because ... 16 17 Female: One? 18 19 Chair Lauing: The bottom of page 1 now says fill existing gaps, respond to growth and 20 address community preferences. That's kind of in order of priority of how you would 21 make your prioritization. Absolutely no disrespect to community preferences. Just 22 they're slightly less quantitative. If we have a quantitative growth—let's keep picking on 23 the seniors—demographic we think works and seniors are going to explode, that's 24 something that's real and quantifiable and maybe more actionable than some of the 25 preferences which were more like unlimited needs, as we've talked about before on a 26 number of issues in front of this body. I just want to point that out. Just to ask a question 27 of the game plan for how you're going to go ahead with the 5 and 6 to 10 and 11 to 20 28 and if there's going to be more than the 15 that you intend to prioritize in those groups 29 within the Master Plan. 30 31 Ms. O'Kane: I'm sorry. I didn't understand the question. 32 33 Chair Lauing: You've put out now 15 projects and programs that we're going to talk 34 about. In the actual Master Plan, do you intend to put those 30 on a timeline and stop or 35 are you doing to try to take it to 50? What's your plan there? 36 37 Ms. O'Kane: That section is going to be expanded a bit. We'll include a description of 38 each of those as well as tie that back to the near term, midterm, long term, and then also 39 give each of those sort of an order of magnitude cost for completing those. We're not 40 going to expand past those 15 projects, 15 programs as far as a timeline for completion. 41 We will be doing an action plan, but we're not going to include the action plan 42 Approved Minutes 28 Attachment C Part 2 APPROVED specifically in the Master Plan document partly because if Council approves the Master 1 Plan, we don't want them to feel like they have to adopt that action plan as well, which 2 could be a bit daunting. It'll have a lot in it, and it will have all the costs associated with 3 it. That will change from year to year. 4 5 Chair Lauing: Commissioner Moss. 6 7 Commissioner Moss: Are you going to add to Number 5 about the 10 1/2 acres, are you 8 going to add the 7.7 acres or is that lower priority? The 7.7 acres in Foothills, is that in 9 the City ... 10 11 Chair Lauing: That's what we're just going to start talking about now. This is the first 12 time any of us have seen the 30 projects. We want to talk about if we like that. I'm not 13 sure we want to talk about 5 versus 6, but we definitely would want to talk about things 14 that aren't on here or things that are on here that shouldn't be on here from our relative 15 perspective. 16 17 Ms. O'Kane: Can I add? They're numbered 1 through 15, but that doesn't mean they're in 18 that priority order just to be clear. 19 20 Chair Lauing: Maybe the best thing to do is just go person by person with questions and 21 then make comments on those back and forth. Try to keep this organized and productive. 22 Did you want to start, Keith? 23 24 Commissioner Reckdahl: Yeah. I mean, overall they look like reasonable projects. 25 What struck me is, I think, all of them, though, I would include on the list if there's a 5-26 year Master Plan as opposed to a 20-year Master Plan. What would this list look like if 27 we weren't going out to 20 years? Ed just went through on page 1, the respond to growth. 28 I don't think any of these really stand out as responding to growth. That'd be my 29 comment. 30 31 Chair Lauing: Is that all? 32 33 Commissioner Reckdahl: Yeah. 34 35 Chair Lauing: Do you have any other comments, David, on other priorities? 36 37 Commissioner Moss: Other than the 7.7 acres, somewhere in there, I think, that should 38 be in there. I don't really understand Keith's question about the 20 years versus 5 years. 39 I'm assuming because these are the higher priorities, they're all going to be done within 40 the first 5 years. 41 42 Approved Minutes 29 Attachment C Part 2 APPROVED Commissioner Reckdahl: If you were trying to make a list even for 2 years, these are all 1 current needs, and none of these are projecting for future needs. The maybe the answer is 2 that we wait for the demographics to get more firmed up. Are we going to get better 3 demographics than what we have right now? 4 5 Ms. O'Kane: We're continuing to research the demographics and connect with our 6 Planning Department. There's the sort of dual effort of doing the Comp Plan, and they 7 are looking at demographics as well. We're going to verify the numbers. We're also 8 trying to get more current data on senior population from Avenidas. 9 10 Commissioner Reckdahl: The whole purpose of the Master Plan was to kind of pave the 11 way forward and looking at the future needs to be prepared for those future needs. We're 12 reacting now to gaps and immediate needs. It's hard, very hard, to look out 20 years and 13 make any prediction. It's very difficult, but I would like to see more flavor of that. That 14 was the purpose of the Master Plan, to have a long-term projection of what we're going to 15 need in 20 years. This is all things that we need in the near future. 16 17 Ms. O'Kane: I would like to respond to that. Many of the projects that are on this list, I 18 think, do respond to growth. Acquire new parkland in high need areas, develop adult 19 fitness areas, new restrooms, a new public gymnasium. 20 21 Commissioner Reckdahl: Right now we're behind our 4 acres per 1,000 residents, so you 22 could say the same thing. Immediate need would be to acquire parkland. With growth, it 23 becomes even more of an issue. The gyms over at Cubberley are in bad condition, so you 24 could say build new gyms as an immediate need. Granted all these immediate needs 25 become more crucial if you look out in the future. (crosstalk) 26 27 Commissioner Moss: I think this is a great list, because it does address both the short and 28 the long term. I think it's a perfect list. It's not going to get all done in 5 years, but I'd 29 like something to be done on each one of these within the first 5 years. You won't finish, 30 but something needs to be done in all of these areas. 31 32 Chair Lauing: Just as a process question. When somebody like you comes up with 7.7 33 acres, let's just jot that down as a possible add here. We can also look at possible 34 subtractions, and then sort of true up at the end. Can I just probe you on your comment, 35 though, just interactively here? Why do you want this list to be in the next 5 years? Did 36 I understand that correctly? No, I'm talking to David. 37 38 Commissioner Moss: I think all of these are high priority. You said they're in priority 39 order. 40 41 Chair Lauing: No, no. They're not in priority order. 42 Approved Minutes 30 Attachment C Part 2 APPROVED 1 Commissioner Moss: I get it. 2 3 Chair Lauing: I thought I heard you say that all of these needed to be done in the next 5 4 years. I just was ... 5 6 Commissioner Moss: No. I wanted a little bit done towards each of these within the 5 7 years. 8 9 Chair Lauing: Thanks for clarifying that. Anne, did you have comments? 10 11 Commissioner Cribbs: I do. First of all, I'm just kind of reacting to this because we've 12 just seen it. I wish that were something about aquatic programs and pools—I know, I 13 know, it's predictable—in this list. I'm glad that this isn't a priority order, because I 14 wouldn't like to go out to the public and have the dog parks be, even though they're really 15 important, the number one priority ahead of Cubberley and ahead of youth programs. I 16 think those are probably as important or more important. I'd just like to put more 17 emphasis on some planning for big projects that, at the end of a 20-year time, we can say 18 this is where we're going and we did that. Maybe that's not appropriate in a Master Plan, 19 but I would love it if that's something we're able to say. 20 21 Chair Lauing: That totally is. I think that's Keith's point. We need to get out ahead of 22 these big things. As we've been saying all along, if we thought for some reason needed 23 five more pools and we had to roll those in over the next 20 years, then those should be 24 on here. It's up to staff to figure out where's the money and also the ideal timeline. Go 25 down here and move back up. Jennifer. 26 27 Commissioner Hetterly: I'm going to go up a level. For me, it felt like there was 28 something missing in the analysis. I was looking at the criteria, which we'd talked about 29 so many times. Once I saw the list in the packet, I thought, "Look at those things. Yeah, 30 that 7.7 is missing." It made me look back at the previous outline. I think it had 31 suggested that there was going to be a separate analysis of the long-range, high-capital 32 investment projects. Has that been abandoned? If there's still going to be a separate 33 analysis of those kind of big ticket items—I don't know if those three new land items are 34 the only ones or not. I think it would be helpful to have a separate analysis of those. I 35 think that's where we really need to identify the steps that have to happen if we want to 36 end up in 20 years with a Cubberley that's been redeveloped, for example. That's the big 37 ticket items. Also, I was a little confused by the near term, midterm, long term 38 descriptions. Like Keith, as I looked as these it became very clear that it's not cut and 39 dried what's near, what's middle, what's long. In fact most of these are going to be near 40 and middle and possibly long. What I was looking for was some measure of the urgency 41 that would be tied together with the prioritization that comes out of the criteria. For 42 Approved Minutes 31 Attachment C Part 2 APPROVED example, on page 2 when you're introducing the timeframes, that short two-line 1 paragraph just before the near-term timeframe, the second sentence says these represent 2 different stages of implementation based on the application of the prioritization criteria. I 3 didn't really know what that meant. The criteria don't really inform the timeline or the 4 urgency at all. They just talk about how important it is. I would love to see it put in a 5 different context of the priorities for each timeframe are going to be identified based on 6 the criteria but also on the urgency or the opportunity costs of each particular project. 7 Some of these, for example, have pretty huge opportunity costs if we don't do—like 8 acquiring parkland in high-use areas. Typically we might think of that as a long-term 9 category project because we have to come up with the money to do it. At the same time, 10 if we don't do something now in order to end up with the money, we're never going to get 11 there. Furthermore, the longer we wait, the harder it will be to acquire parkland because 12 we're having less and less and less and less land. There are big opportunity costs to not 13 doing something fast, as fast as we can, on acquisition for example. I could give other 14 examples if you don't get what I'm getting at. That was kind of the gist of it. I think we 15 have to have some sense of the urgency and the opportunity costs and figure out a way to 16 present the projects and the programs so that maybe these top—I don't know how to do it. 17 We indicate what we have to start on right away in the near term and the near-term steps 18 that are involved and then indicate also that those things are continuing. Like dog parks 19 and restrooms, we're not going to build all the dog parks and restrooms we want in the 20 first 5 years no matter how many we want. Maybe in the near term, we want to get one 21 done, and by the end of the medium term we want to have two or three done. Figuring 22 out how to describe the way those projects extend across the timeframes, I think, would 23 be helpful. 24 25 Chair Lauing: Jim, did you have any comments? 26 27 Commissioner Cowie: Thanks, Ed. I'll pass. 28 29 Chair Lauing: Abbie. 30 31 Vice Chair Knopper: The way I read it, based on what Jennifer was just saying, the title 32 is "High Priority Needs and Opportunities." It made sense to me, this list, because you 33 titled it "High Priority Needs." Actually one of the sentences said it was developed with 34 feedback from stakeholders, City staff and includes a summary of each of those high 35 priorities and then order of magnitude capital and operating costs for each. I just made 36 the assumption that this is the stuff that is near term and maybe a couple of them 37 obviously pushing to the midterm. It made sense to me. I was fine with this. The only 38 other comment is just numbering it makes it look like it's priority. I know this is a draft. 39 When I read develop new dog parks, I'm like, "Number 1," because I'm on the ad hoc and 40 I would like that, but I know that's not what it is. Some other person wouldn't ... 41 42 Approved Minutes 32 Attachment C Part 2 APPROVED Chair Lauing: Just use bullet points. 1 2 Vice Chair Knopper: What's that? 3 4 Chair Lauing: Just use bullet points. 5 6 Vice Chair Knopper: Yeah, bullet points. That's what I was going to say. 7 8 Chair Lauing: I know that might demote dog parks for you, but you'll have to live with 9 that. 10 11 Vice Chair Knopper: That's okay. Anyway, I have no more comments. Thank you. 12 13 Chair Lauing: I had a few here. A couple of these—again I don't want to open old 14 wounds—things seem like sort of best practices. You guys are going to make good 15 judgments and do that. They also seem a little bit—this one about integrate nature into 16 urban parks, that should be a design element for Peter and others. We can do that. I'm 17 not sure how you make a priority and put a budget number on there. It sort of needs to 18 happen as we redo parks. I'm not sure you're going to go out and cut up ten parks 19 because they don't have enough integrated nature into them. The latter would seem to me 20 to be putting it on this list. If you're just going to kind of do it as sort of a policy issue, 21 that's cool. Similarly, disability requirements, unless we're going to really go gung ho on 22 that and do 50 of them, I'm not sure why that's not sort of a roll out like other things. 23 Similarly, improve trail connections. If it's a big problem or a gap that we've got people 24 falling off trails, then we ought to run out and do it. If it's sort of "let's get to this," then it 25 just doesn't feel like a specific priority. The other thing is on maintenance, which we've 26 talked about a lot. The comments here talk about sustainability practices. I just want to 27 make sure it includes maintenance. If our collective understanding is that is the bullet 28 point about maintenance, which on ad hoc we've been talking about a lot and that needs 29 to be funded and attended to and so on, then that's great. The sustainable practices seem 30 to be the emphasis on that point. I wouldn't disagree with David's comment that the 7.7 31 should be on here. One other comment. We said this in the ad hoc, and I don't know if 32 you got a chance to do it yet. We didn't recall in the ad hoc that adult fitness areas in 33 parks rated that highly in the surveys. I'd like to make sure that's high. In fact, I recall it 34 was pretty low, and I haven't checked it since our ad hoc meeting either. Somebody else 35 was going to comment. Jennifer. 36 37 Commissioner Hetterly: Since you mentioned sustainable practices and maintenance and 38 management, I actually did not see that as just a keep-up with maintenance option. I saw 39 that as let's really examine how we manage our maintenance of our parks and build in 40 systems to manage them more sustainably in the future. That to me was one of those big 41 opportunity cost items, where that's something we want to do now because over time it 42 Approved Minutes 33 Attachment C Part 2 APPROVED has a greater impact. Whereas, if we put that off for later, then we've got the next 5 or 10 1 years when we're not following best practices so to speak. 2 3 Chair Lauing: That was part of my question basically. Is this bullet point a big enough 4 tent to cover maintenance in general, because it's going to be sustainable. I think you're 5 saying it's not. It's a separate point. 6 7 Commissioner Hetterly: I read it as a separate point. 8 9 Chair Lauing: Pardon? 10 11 Commissioner Hetterly: I read it as a separate point. 12 13 Chair Lauing: Are there any comments on any of this? Are there any ones that aren't on 14 here besides 7.7 acres that should be? 15 16 Commissioner Cribbs: A pool. 17 18 Chair Lauing: Do we know that or is that one of those—we also had this classification 19 that we reserved that some things need more research before it became something that 20 was definitely a priority. That one, and maybe gyms is another one that needs more 21 research before it's prioritize-able. I don't know that. I'm just pointing out that there is 22 that other category, which I think is also going to be called out in the Plan somewhere. I 23 don't know if it's in this chapter. 24 25 Vice Chair Knopper: Gymnasiums, Number 7. 26 27 Chair Lauing: That's right. You're right. Now that one's on here; that wasn't before. 28 Recapping, it seems to me like there are three or four that I mentioned, that maybe are not 29 top 15, but the 7.7 is, is what I'm hearing from others. I don't know if we want to manage 30 this here or move that one back to the ad hoc. Whatever you guys think. Did you have 31 another comment? Go ahead. 32 33 Commissioner Hetterly: I have a question. I'm still confused about this list. I'm hearing 34 folks say that this isn't priority order, we should just bullet it. Are we going to include in 35 the implementation plan a priority order of things that we definitely want to try to get 36 done in the first 5 years and what we want to try to get done in the second 5 years or not? 37 38 Rob de Geus: I think we're still trying to figure out exactly how that's going to look. Our 39 thought first was to put this list out there and see if we're in the right ballpark, the right 40 list. For each of these, actually describe what they are in some detail, probably half a 41 page or a page that talks about what are the very next steps that need to take place, even 42 Approved Minutes 34 Attachment C Part 2 APPROVED for the long-term items that may take 15 years before we get there in 20 years. There's 1 things that we need to do in the near term and midterm in order to achieve the long-term 2 goal. For each of these, we would try and lay that out and also lay out the relative costs 3 related to those. As staff, we were not thinking of prioritizing the 30, but that's open for 4 discussion. We were thinking all of these are high priorities, and over 20 years, we want 5 to accomplish them. Some will be accomplished sooner than others. 6 7 Chair Lauing: Just to feed back what I think I heard. These 30 will be all listed at 8 whatever that is, the high level, but they will also be put on a timeline. 9 10 Mr. de Geus: Yes. 11 12 Chair Lauing: I guess the third point is that you're not going to go beyond the 30 for this 13 sort of phase or vintage of the Master Plan. 14 15 Mr. de Geus: Right. 16 17 Chair Lauing: What happens to the Number 16 project? In other words, how does 18 Number 16 get on the list anywhere, whether that's put on by a Council Member or 19 primary research or whatever? 20 21 Mr. de Geus: Things will be added as we know. This isn't all that we do. There are lots 22 more, and there will be opportunities to do a specific project that'll just happen because 23 either there's someone or a group that's come forward to help us fund it or it's an 24 identified new need that we didn't identify in this plan, and we'll have to work that in. I 25 think what's helpful is, before we work in Number 16, we think about resources that we 26 have and staff that we have and we sort of weigh it up against this. Should we be doing 27 that Number 16 or should we really be doing this here first? I can see in some cases we 28 would want to do that Number 16 project because the opportunity has arisen that allows 29 us to do it, and it'll go away if we don't take advantage of it at that time. Or it's identified 30 as a big need that we just didn't know today, so we will do it. 31 32 Chair Lauing: Comments? Commissioner Hetterly. 33 34 Commissioner Hetterly: I'm sorry to keep dwelling on this. In the narrative then, when 35 you're describing the near term, midterm and long term, you're not going to have 36 priorities identified for each of those. You're just going to have the overall list, and the 37 only indication of a judgment about urgency or importance among those 30 things is 38 where they fall out on this action plan spreadsheet? Did that make sense? 39 40 Mr. de Geus: I'm not sure I followed that entirely. 41 42 Approved Minutes 35 Attachment C Part 2 APPROVED Chair Lauing: I think what she's saying is that we had originally talked about having—I 1 guess you actually proposed that we would have high priority, medium priority and low 2 priority. Whatever numbers of those were, they would be on a timely. Maybe you would 3 have 15 on high and 10 on medium and 5 on low or whatever. It sounds like that's gone 4 away except for the action plan that you just referenced. Was that your question? 5 6 Commissioner Hetterly: Kind of. To give an example. If I'm somebody in the public or 7 on Council who looks at the list and sees that there are these 15 projects that high priority 8 projects for the Master Plan and I'm looking at the list and every indication is that these 9 all stand one equal ground, are equally high priority because we haven't told them that 10 they're not, I'm wondering why isn't enhancing seating areas in parks more important than 11 sustainable maintenance or more important than bathrooms or more important than 12 Cubberley or as important, I guess. As I read it, there's definitely a ranking of—in my 13 view, some of these are more urgent than others. I imagine my list isn't the same as 14 everybody's list, but everybody reading it is going to say, "Why is that as important as 15 this?" I'm wondering if we want to fill that gap and say these are the more important and 16 this is why or if we really want to just say these are all important and we're going to get 17 to them as we can get to them. That's really a question. I'm not arguing for or against a 18 different way. 19 20 Mr. de Geus: I think it's a good question. We're still discussing it and grappling with it. 21 Thirty is a lot. If they don't have any kind of order, as I hear what you're saying, that 22 could be problematic, I think, in terms of allocating resources and time. We can certainly 23 look at that. Maybe they're not all ranked in order, but the top five—the really urgent 24 ones that we know are going to have the biggest impact on the community, if we get 25 these done, they're identified as red hot or something. 26 27 Peter Jensen: I would too like to say that just putting it into the context of the process of 28 the capital improvement projects and how they're done now will stay the same. Now we 29 have a list of keep-up items that we look at. We look at those and decide which projects 30 we want to do from the keep-up. This is a different list now of brand new things that 31 don't exist at all. When the ad hoc group can meet to discuss which projects are going to 32 be put forward as the capital improvements for that year—I know it's a 5-year budget, so 33 you're looking at 5 years—you would consider our keep-up as well as these 30 projects. 34 Which one now is more important and how do we get it in the process of being a project 35 for the fifth year coming up? Just kind of understand that process remains the same, but 36 now you have a list of these 30 or 15 projects or 15 programs that are going to be 37 associated and considered with the keep-up items. 38 39 Commissioner Hetterly: You want to have not just huge ticket items on the top five hot 40 stuff list, because you might only have enough money to do a little item that year. You 41 have to have more to draw from. 42 Approved Minutes 36 Attachment C Part 2 APPROVED 1 Mr. Jensen: I think the ad hoc committee and staff and flexibility as recommending for 2 that particular year depending upon the budget and people's needs and wants at that time 3 to then have those things where we know we want to do these 30 things and we know we 4 have to do this keep-up work. We are looking at those things and trying to get them in 5 specific years based on, again, budget and people's needs of that specific year. Every 6 year, it gets looked at. Every year, the list gets referenced. We try to take them off as 7 best we can, depending on our current funding that we have. 8 9 Commissioner Hetterly: There's very little expectation that we're going to be able to do a 10 lot of things every year. Out of that 30 list, we're going to have to fight for every dollar 11 in that CIP budget every single year. 12 13 Mr. Jensen: Right. The interesting part about having the list of projects is that the 14 community itself knows that these are the things that we want to do. That, I think, helps 15 leverage trying to make up the gap of the funding by having more private-based money 16 or the community money to come in to fill those gaps that we need. Now, we've set those 17 projects up and we recognize that these are the things that we want to do. We understand 18 that we have a gap of funding, but at least we know that this list and that list can then go 19 to the community or however we can close the gap of funding and get those things. Yes, 20 there are some items that are definitely less funding that we can incorporate more. The 21 bigger projects, we're going to have to try to figure out how to get into the sequence 22 based on the funding. 23 24 Commissioner Hetterly: I guess that gets to sort of the heart of my concern. I don't want 25 to be in a position where we do all the easy stuff just because it's easy and don't do the 26 hard stuff just because we didn't call it out as super duper important. 27 28 Chair Lauing: It is a little bit jarring to see on the same list acquire new parkland and 29 enhanced seating areas. We're going to tell the entire community that those are the top 30 15. Put in some benches and buy a gazillion dollars worth of parkland. At the least, it 31 has to be shown that the funding sources for that is going to be different. It is not just 32 going to be the annual CIP program. That ain't going to work. There has to be a 33 commitment to it to make it happen. Secondly, I think I'm echoing what Commissioner 34 Hetterly said. If that's going to cost $50 million, we don't make it long term just because 35 of that. We've got to start it now so it becomes something that starts now and is midterm 36 and is long term and we're executing while we're continuing to fund for the next phase of 37 it. 38 39 Mr. Jensen: I definitely would say that in the description of each of the 30 projects there 40 would be a breakdown of exactly what the steps in the short, in the mid and in the long 41 term would be to get to that goal. You just wouldn't say that we need more parkland, and 42 Approved Minutes 37 Attachment C Part 2 APPROVED that would basically be it. It would talk about we need to draw more funds and start 1 banking funds. We need to have staff look at different property opportunities around the 2 City and all those things short term that we can start doing. Long term, when we get 3 enough revenue together, what is the step to actually go out and start to gain land and add 4 surplus to our parks. I do agree with you that it needs to have the steps per the short, long 5 or mid as it goes to accomplish it. 6 7 Chair Lauing: Commissioner Moss. 8 9 Commissioner Moss: I think there is a big danger in going into more specifics than what 10 you have here with 30. I think it's going to be every year, as you said, we're going to be 11 revisiting. You're going to have new Commissioners every year. This is a really great 12 guideline for the next 20 years. The first thing we're going to do in January and every 13 January is look at this list and pick off pieces that should be the highest priority within 14 each of these. Using the acquired parkland, it would be really nice to start working on 15 that one January 1st and just do a little bit. Dog parks, it would be nice to do one dog 16 park a year, something like that. To put all that in writing in the Master Plan for the next 17 20 years, I don't think it's worth it. This is a really great start. I don't know if you need to 18 do much more and prioritize 1 versus 7 versus 8. I think there's piece of 1 and pieces of 8 19 and pieces of 7 that should be done next year and some more the next year and some 20 more the next year. To go into that level of detail before we have anything approved, I 21 don't think it's worth it. 22 23 Chair Lauing: Could I just ask a clarification point on your comment? One of the things 24 you said is it's going—I don't want to put words in your mouth. That's why I'm asking 25 for clarification. I think what you said is it's going to change every year, what we're 26 going to want to do. 27 28 Commissioner Moss: At the program level and the CIP level. 29 30 Chair Lauing: Some of these aren't even CIP and some of them are. I guess my concern 31 is that, if we're saying these are the top 15 projects, then they shouldn't change every 32 year. 33 34 Commissioner Moss: What I meant is the pieces of them. You're going to go to a next 35 level down. Every year you're going to pick off ... 36 37 Chair Lauing: The execution or the implementation, you mean? 38 39 Commissioner Moss: Yes, yes. 40 41 Chair Lauing: Thanks. 42 Approved Minutes 38 Attachment C Part 2 APPROVED 1 Commissioner Moss: What parts of each of these 30 you're going to do next year versus 2 the year after versus the year after. You don't want to wait until Year 20 to start doing 3 acquire parkland. You're going to have to trust every PRC, that they're going to be able 4 to prioritize the pieces of each of these that can be done this year versus next year versus 5 next year. 6 7 Chair Lauing: Do we want to have a discussion on the 12 or 15 programs? To me these 8 are a little bit lower risk because they're not structural changes, as Keith mentioned 9 before. When you're building something, there's more money and time. If you expanded 10 some programs for seniors and they didn't work, you're going to shift them or you're 11 going to scale them back. You've got them included here. Do you want our comments 12 on that? 13 14 Ms. O'Kane: Yes, we'd like your comments on that. You're right that we're not going to 15 build something with these programs, but it could be a shift in staff priority, it could be 16 do we need a new staff person, a new part-time staff person to address some of these. We 17 do adjust our programming as we see the need for it. If we would expand our program 18 for seniors and didn't get a response to that, then we would adjust and try something else. 19 They are very different than the projects, but I still they're important to include, 20 especially when we may need additional resources as far as staff or the facilities that may 21 go along with these programs. 22 23 Chair Lauing: Commissioner Knopper. 24 25 Vice Chair Knopper: Number 5, establish and grow partnerships and identify potential 26 park donors. It was suggested that maybe you have a point person, a staff person. I've 27 talked about it many, many times. I think that's a fantastic idea. I think there's a lot of 28 opportunities. I always like to talk about New York, because I spent more time there than 29 here. They sell benches in Central Park for $10,000 a bench, and you get a plaque. I 30 think that there's so many ways to help offset the maintenance costs, because I know 31 that's also in the report, how that's difficult to maintain, to keep up with everything that 32 we own instead of just the glittery, shiny stuff like a new pool or a new dog park, but just 33 the every day. That's really the only thing. I did want to ask just a question. This might 34 not be the right time. I've thought it, and I wasn't sure this would be the right place for it. 35 There's so much commercial development in Palo Alto. It just kind of doesn't feel like 36 the City requires new developers to develop public space. There isn't that laundry list of 37 you're building a new building, we want a little pocket park, a couple of benches and 38 some open, green area required in that development so the public can use that space. 39 There just doesn't seem to be any uniform—it's just project per project. I'm not sure that 40 would fall under that. Maybe that's a totally different conversation. It probably is, but I 41 made a note, and I just wanted to say it. I think if you guys had a menu of—because 42 Approved Minutes 39 Attachment C Part 2 APPROVED you're always looking for additional space for people just to chill and have that Zen 1 moment on a park bench or sit under a tree or sit in the cute little chair and check your 2 email with some plants around you. Why can't commercial development provide a lot of 3 what we're looking for in this City? I don't know if this is the right place for it. I've got 2 4 more months, so I just wanted to say it. 5 6 Mr. de Geus: Some of that is a requirement for certain size buildings and types of 7 buildings. It is in Chapter 4 where we have the goals, policies and programs. Actually 8 there is a section in there that talks about development and when they are required to 9 have a public space, that it be designed in such a way that's consistent with the Master 10 Plan and the needs of the community. What I found helpful actually as we sort of 11 prepared this list of 30 is to go back to that Chapter 4 and look at those goals, policies and 12 programs. Obviously not all of that is here in this list of 30. This was our first pass at 13 putting that together. That would be good feedback from you all, if you go back and read 14 that chapter again and then look at this again and say does that sound right, is this the 15 right top 30 or there is still some more changes that need to be made. Maybe that's 16 something the ad hoc committee can help with. 17 18 Commissioner Cribbs: To that point, what I'd like to see in both the lists are the things 19 that are like each other kind of grouped together. As I've been going down here, there are 20 things that are sort of the same, big ticket items, and there are things that are not so 21 expensive maybe. Maybe it's a way to do it by cost, maybe not. I don't know. When it's 22 a list like it is, it's hard to read because it's not the same. I don't know whether that makes 23 sense at all. 24 25 Mr. de Geus: I think that's good feedback. How do we order this list is something that 26 we still need to work through. I've said the same thing. We could order it in what are the 27 near, midterm or long term. We could order it in the order of magnitude of cost or scope, 28 how long it's going to take to do it or type of project, program area. We'll think about 29 some different ways of doing that. 30 31 Commissioner Moss: Yeah, all three. I don't know. I think certainly big, medium and 32 little go sort of hand in hand with near term, midterm and long term. I think a hybrid of 33 those two would be great. 34 35 Chair Lauing: Do you want to move on to another section here? Did you get your 36 comments on the top 30? Did you intend to do that tonight? Like funding section and 37 how people ... 38 39 Ms. O'Kane: If there's comments on those sections, sure. 40 41 Approved Minutes 40 Attachment C Part 2 APPROVED Chair Lauing: I just didn't know if that was part of your request tonight for feedback on 1 that tonight, because this is just a draft. 2 3 Ms. O'Kane: Any feedback on Chapter 5 is welcome tonight. Our next step is to get a 4 better, more complete draft of Chapter 5. We'd like to meet with the ad hoc again, if 5 possible, to discuss that. As much input as we can get tonight to help us refine the draft 6 would be great. 7 8 Chair Lauing: Are there any comments on the next section, which is basically the 9 funding today and tomorrow section, the narrative there and the chart. 10 11 Commissioner Cribbs: I have just one ... 12 13 Chair Lauing: Sure, go ahead. 14 15 Commissioner Cribbs: ... about knowing a little bit more about grants and funding and 16 partnerships that have worked in the past with various Friends groups and other ways 17 we've gotten money in the past to support things, and what's worked and what hasn't 18 worked. I know it's history, but I think it's really important to include some place or at 19 least people have the knowledge of something that's worked in the past. If it didn't work, 20 why didn't it? There's several examples of those as well. 21 22 Chair Lauing: Nothing else on funding? Go ahead, Commissioner Hetterly. 23 24 Commissioner Hetterly: I like that idea, Anne. I would support that addition. I think 25 that's a really great idea. I'd only have two issues on the funding section. On page 5, first 26 is immediately below the table, it talks about the IBRC report and how we're on a path 27 with a funding plan to do most of the backlog on the catch-up and keep-up. Of course, 28 the IBRC plan, I think, was 2012. I imagine there's been an additional gap accumulated 29 in the interim. I know we haven't funded everything in that. I really would like to see a 30 little change in tone that doesn't suggest we're all taken care of, we checked that off the 31 list so we don't have to worry about that catch-up and keep-up stuff, and that 32 acknowledges as we grow it grows. That does it for me. Thank you. 33 34 Chair Lauing: Anything else? Commissioner Reckdahl. 35 36 Commissioner Reckdahl: What do anticipate? We talk here about the bonds and creating 37 special districts and other ways of raising money. This is on page 6, expanding existing 38 funding sources. Are we going to be coming up with a recommendation of this is how 39 we think it should be funded or are we just going to give the Council a bunch of options 40 and let them sort through it? 41 42 Approved Minutes 41 Attachment C Part 2 APPROVED Ms. O'Kane: As part of the adoption of the Master Plan, we will not be making a 1 recommendation as to whether we should create a special district or issue a bond. This is 2 just to provide a summary of all the potential options out there for funding in the future. 3 As projects move up the list, for example Cubberley or something else, a new pool, then 4 we could go to Council with a recommendation at that time. 5 6 Commissioner Reckdahl: I'm struggling with what is the Council, when they approve 7 this, signing up for and how can we keep their feet to the fire or is this just some thoughts 8 of a bunch of Commissioners and the Council doesn't have any obligation to follow it and 9 doesn't have any commitment to follow through. I'm just nervous about we have this 10 grand plan and here we go, Council. The Council says, "This is great. We love it." We 11 pass it all, and then they put it down and never look at it again. That's my big concern. 12 13 Ms. O'Kane: I think part of that responsibility is also on staff to report on the Master 14 Plan, which we intend to do annually, but also as we propose projects, as we propose our 15 budget to tie those things back to the Master Plan. I think a lot of that responsibility will 16 fall on staff but also the Commission as well to make sure that it's moving along and 17 moving forward. 18 19 Mr. de Geus: I'd just add something to that. I think we can probably make this more 20 meaningful as we think about these different funding strategies and how they can be 21 expanded and also think about the top priorities and which one of these funding strategies 22 maybe is best suited for which project. I think that could be in here to some extent. To 23 Commissioner Cribbs' point about looking at those funding strategies that we've used in 24 the past, that have been very successful and how we can tie them back to some of the 25 priorities. I'm thinking about our Friends groups in particular. Our department has five 26 nonprofit Friends groups; all they do is raise money for specific programs whether it's 27 parks or recreation. It's been very successful. We can strengthen that language in here 28 and tie it maybe to specific projects even. 29 30 Chair Lauing: Did you have others? Go ahead. 31 32 Commissioner Cribbs: Yeah. On page 5, it seems like the word, under funding gap in 33 the third sentence, should be maintain instead of sustain. The City should sustain a 34 sufficient investment. It seemed like the wrong word. 35 36 Chair Lauing: Or maintain investment to sustain existing facilities. 37 38 Commissioner Cribbs: You could say that too. Maybe that's even better. 39 40 Chair Lauing: David. 41 42 Approved Minutes 42 Attachment C Part 2 APPROVED Commissioner Moss: I have one last comment about Chapter 5. I like it so much that I 1 think you should make it Chapter 4. The Chapter 4 that you have, make it Appendix A. 2 We've covered so much of the Plan in Chapter 3 and 5 that Chapter 4, going back to my 3 comment earlier, is a level below what we've been talking about in Chapters 1-5 and that 4 gives us all the things we need to do next year and the year after and the year after. What 5 do you think? 6 7 Ms. O'Kane: Chapter 4 is the goals and the policies and programs. The order is this is 8 what we did to get our data, our community engagement, our data analysis. These are the 9 things that we identified as being the goals of our Master Plan, of our system, and then 10 this is how we're going to get there. It's like a step, a phase through the Master Plan. 11 12 Commissioner Moss: Does Chapter 1-3 summarize that? No? 13 14 Mr. de Geus: I think Chapter 4 is really fundamental to the Plan. 15 16 Chair Lauing: The next section here is evaluating future projects. One of the things that 17 we talked about very briefly in the ad hoc was the issue who can put a project or program 18 into the top of the funnel. I think you are opening a massive can of worms if you're going 19 to let any individual or any community member put something in there that you get to 20 evaluate and give them feedback on. It seems to me there's plenty of opportunity for 21 folks to send in letters to us as they do or to you folks as they do. If it's a good idea, that's 22 fine. I don't think you should have your hands tied by having to go through an evaluation 23 process for every even good idea that comes in, because you just have so much more data 24 to look at and prioritize. I personally wouldn't have that in here. Others can comment on 25 that. 26 27 Commissioner Reckdahl: I agree. 28 29 Chair Lauing: Jim. 30 31 Commissioner Cowie: I wonder whether you might be more comfortable with it if there 32 was some acknowledgement of an appropriate level of review. If it's obviously a 33 ludicrous idea, the appropriate level of review is quick. If it's something that really 34 should be considered, then perhaps a deeper review. If we're going to have a concept of 35 modifications and where the ideas come from, it seems to me that the citizens have to be 36 one of the sources. Right? 37 38 Chair Lauing: Yeah. 39 40 Commissioner Cowie: Then it's just a question, I think, of perhaps how you write the 41 concept of review. You probably write it in such a way where you're dealing with this 42 Approved Minutes 43 Attachment C Part 2 APPROVED appropriate level of review that addresses your concern that we're not engaging in a deep 1 review of a trivial idea. 2 3 Chair Lauing: I'm the last one that's going to try to rule out public comment at our 4 meetings or incoming emails or anything like that, no constraints. It’s just this seems like 5 it's setting up a formal process and almost encouraging a lot of things. It seems like 6 you're putting an excess burden on yourself and staff. 7 8 Ms. O'Kane: We did talk about that after you commented on that during our ad hoc 9 meeting. We do feel like there is a need to have a process. We're listing what we think 10 our top 15 projects and top 15 programs are. If somebody presents a new idea, what do 11 we do with that? We felt there is a need to have a process to determine does this project 12 meet the goals of our Master Plan. That's sort of the first step. If we can say it doesn't, 13 then we're done. If we feel it does, then we continue our analysis. We've also added in 14 here that in some cases things won't need to come to the Commission. If we add a certain 15 type of program, we're not going to come to you every time we create a new program in 16 our Recreation Division. Maybe this isn't the right process, but I think it needs to be 17 acknowledged in here that we will consider new proposals and new ideas as they come 18 up and address them in some way. 19 20 Chair Lauing: Commissioner Moss. 21 22 Commissioner Moss: I think it could stay the way it is if in Step 2 it says evaluate 23 against the Master Plan. You'll probably find that that program or proposal is already in 24 the Plan somewhere, in some program. We're just maybe expanding the wording or 25 something like that. That's what I'm hoping will happen, that we have talked about it in 26 general terms and you will find a cubbyhole in a program or process that we've already 27 put into the Master Plan. This is just a detail of that. I'm hoping that if you do get Step 1, 28 somebody comes to you with an idea, that Step 2 could be a 10-minute process, where 29 you say, "Let's look at the Master Plan. Let's see where this fits. Here it is, under 30 Program 6A. We'll get to it when we do 6A." I don't know. 31 32 Commissioner Cribbs: Can I just add? I like having the process so that people can 33 propose something. I'm also concerned about the amount of staff time that some of these 34 things are going to take and in addition the annual review. All of a sudden we have a lot 35 of staff doing a lot of reviewing of a lot of things, and we want to push the Master Plan 36 forward. If you can figure out a way to balance that and be mindful of your time, that 37 would be great. 38 39 Ms. O'Kane: We appreciate that. It could be even—I was looking at Step 1, which talks 40 about a group proposes a project or program. Maybe it's just the wording there. It does 41 sound like it's a formal process to propose something. Maybe it's just how we word it. 42 Approved Minutes 44 Attachment C Part 2 APPROVED 1 Chair Lauing: Any other comments on that? 2 3 Commissioner Reckdahl: Part of it is also just volume. If you get one suggestion a 4 month, you're going to do one thing. If you get 100 suggestions a month, you're going to 5 do a different thing. This may be just something you'll iron out as you get more 6 suggestions and you understand the volume. 7 8 Chair Lauing: The only other section there is the appendix. I'm not sure we need to 9 comment on that. You're going to give us timelines now? Is that your next part here? 10 11 Ms. O'Kane: Correct. If we're done with Chapter 5, I'll go into next steps and schedule. 12 We are trying to still get this wrapped up by the end of the year. Part of that is to 13 recognize the Commissioners that will not be continuing into the next year, but also some 14 of the Council Members who are also not going to be continuing into the next year. We 15 would like to sort of complete this Plan. That said, we want it to be finished with the 16 quality that we all expect. Our plan to accomplish that is to bring you a draft Master Plan 17 next month at our October 24th meeting. Prior to that and concurrent with that, we also 18 need to do some community outreach, meet with our stakeholder group again. Whether 19 we do that combined or separate, we're still working that out. We should have an 20 opportunity for the community to look at the draft Master Plan. Following the PRC 21 meeting, we plan to go to Council at the November 14th meeting. Because of that date 22 and the November PRC meeting, which is right after that, we would be asking the 23 Commission to make a recommendation at the October meeting when the Commission is 24 seeing the draft. This is a recommendation to Council. We originally had on our 25 schedule that the Commission could make the recommendation at the November meeting. 26 Due to the crunch of time and the amount of time we need to prepare in advance and have 27 our staff reports prepared, the timing didn't work. That's what we're proposing. Council 28 would adopt the Master Plan and our CEQA document. We've been in discussions with 29 legal as well as our Planning Department that we do need to adopt a CEQA document, 30 which would be an Initial Study/Mitigated Neg Dec at the same time. We're hoping to do 31 that in December. 32 33 Chair Lauing: We need to change the November meeting, which is listed on the 22nd, 2 34 days before Thanksgiving. One possibility would be to move it way up, so we could do a 35 second meeting early November before it went to the Master Plan. Then we'd get sort of 36 two shots at it and solve both of those problems at the same time. That would mean it 37 would be the week of the 7th, which would be about 2 weeks after the 10/24 meeting. 38 We could do later that week. 39 40 Commissioner Reckdahl: Could we bump the 10/24 to 10/17? 41 42 Approved Minutes 45 Attachment C Part 2 APPROVED Commissioner Hetterly: In terms of getting a draft to Council on November 14th, do 1 they need to have in their packet the version that has been acted on by the Commission? 2 If we add a special Commission meeting the first week of November, that's too late to 3 make any changes, right? 4 5 Chair Lauing: Right. 6 7 Commissioner Hetterly: Or can it be done through an addendum? 8 9 Chair Lauing: We would at least not have to make the decision by 10/24. 10 11 Commissioner Hetterly: We'd have one look at it on 10/24 and resolve everything 12 following that meeting before it goes in final, if there's any final tinkering. 13 14 Commissioner Moss: 10/24 would be speak now or forever hold your peace. 15 16 Chair Lauing: No, no. 17 18 Commissioner Moss: They'd have several weeks to wrap it up, bring it back to us, we see 19 that all the changes we discussed on 10/24 were made, and we approve it on 11/7. Is that 20 what we're talking about? 21 22 Chair Lauing: Yeah. That's a suggestion. Abbie. 23 24 Vice Chair Knopper: This calendar that was given to us shows the Park and Rec meeting 25 on October 18th. 26 27 Chair Lauing: Which is so far incorrect, but we could move it to there. 28 29 Vice Chair Knopper: 10/24 is a Monday. Is it really 10/25, which is Tuesday, which is 30 our normal ... 31 32 Chair Lauing: Yep. 10/24 is a Tuesday. 33 34 Vice Chair Knopper: No, 10/25 is a Tuesday. That's Monday's date. Is that the day 35 we're talking about? 36 37 Ms. O'Kane: We're talking about the normal Commission date. 38 39 Chair Lauing: The normal fourth Tuesday which is 10/25. 40 41 Vice Chair Knopper: The 25th. 42 Approved Minutes 46 Attachment C Part 2 APPROVED 1 Chair Lauing: How do people feel about moving up our meeting for November by about 2 2 weeks? 3 4 Commissioner Cribbs: Two weeks is election day. 5 6 Vice Chair Knopper: Election day, no offense, I am glued to the TV with oxygen, and 7 maybe drugs and alcohol. I don't know. 8 9 Commissioner Hetterly: Why don't we move it to the 1st? 10 11 Vice Chair Knopper: That's the following week? 12 13 Commissioner Hetterly: November 1st. We have our October meeting, and then we 14 have 1 week to make final changes before the 1st. Approve it on the 1st and it's done. 15 16 Chair Lauing: Feels tight. 17 18 Ms. O'Kane: That's to see a final a week later? 19 20 Vice Chair Knopper: Can it be a special meeting? 21 22 Ms. O'Kane: It would be the draft. You'd see the draft on the 25th, and a week later we 23 would turn around a final? 24 25 Mr. de Geus: It's difficult, but I think it's ... 26 27 Commissioner Moss: (inaudible) would you rather have (inaudible) 28 29 Chair Lauing: It doesn't have to be a Tuesday. You can do it later that week, so it's more 30 like a week and a half. 31 32 Mr. de Geus: I think that's a better scenario. It'll be difficult to do, but I think we should 33 try and do that. It allows us to really update the report we send to Council. I think that's 34 important. If the Commission ... 35 36 Chair Lauing: We should do—which date are you suggesting then? 37 38 Mr. de Geus: The suggestion by Commissioner Hetterly. If we meet on the 25th of 39 October and then as soon after that as possible, that following week. 40 41 Approved Minutes 47 Attachment C Part 2 APPROVED Chair Lauing: We could either do the 1st, which happens to be a Tuesday, but there's 1 nothing sacred about that. We could bump it to the 3rd to give you 2 more days. 2 3 Mr. de Geus: The 3rd is the date that the Council packet goes out for the 14th. 4 5 Chair Lauing: Then it probably has to be the 1st. 6 7 Vice Chair Knopper: Would that be like a special meeting? 8 9 Chair Lauing: By definition, yeah. Once you change the date, it's a special meeting. 10 That's how it works. 11 12 Mr. de Geus: We've done a lot of the review already. We're pretty comfortable with 13 Chapters 1-4 actually. We've reviewed those a lot. We've gone through Chapter 5 today, 14 and it still needs some work for sure. That's why I think it can be done, particularly if we 15 have a really good, really quality draft on the 25th. 16 17 Chair Lauing: Exactly. How is attendance going to look on the 1st for Commissioners? 18 Jim says no. 19 20 Vice Chair Knopper: I can do it. I'm good. 21 22 Chair Lauing: We're only going to be missing one? 23 24 Commissioner Cribbs: You might be missing me. I'm checking. 25 26 Chair Lauing: The day before is Halloween. That probably doesn't work either. Your 27 last point there, Kristen, is that they approve on the 12th because of two readings? They 28 get it on the 14th, and then you've got a final on 12/12. 29 30 Ms. O'Kane: Right. We would share the draft with them and then get any of their 31 feedback and then bring the final for adoption. 32 33 Vice Chair Knopper: What is the date for our December meeting, because this calendar 34 shows (crosstalk)? 35 36 Chair Lauing: We have to change that as well. We might as well look at that right now. 37 38 Commissioner Cribbs: I'm okay the 1st. 39 40 Approved Minutes 48 Attachment C Part 2 APPROVED Chair Lauing: Is the 19th of December too late? Yes, it's too late? The 13th? That's the 1 day after the Council meeting. Does the 13th work of December? I'm not sure we're 2 going to be Commissioners then. I think it's November actually. 3 4 Vice Chair Knopper: Is it? 5 6 Chair Lauing: I don't know the right date. 7 8 Commissioner Reckdahl: I thought it was (inaudible). 9 10 Chair Lauing: I'm not sure. Can we pencil in the 13th? You'll make that change, 11 whoever is the keeper of the calendar. Is that Catherine now? 12 13 Commissioner Cribbs: The 27th is gone, and the 13th is (inaudible)? 14 15 Chair Lauing: Yeah. 16 17 Vice Chair Knopper: Are we (inaudible)? 18 19 Commissioner Hetterly: (inaudible) 20 21 Chair Lauing: On the 15th of December? We're going with the 13th of December and 22 we're going for the 1st of November, changing the December and November meetings 23 respectively. 24 25 Commissioner Moss: The Council is supposed to approve on December 12th. 26 27 Chair Lauing: that's what Kristen has here. 28 29 Commissioner Moss: Does that mean we need to meet on the 6th or not? 30 31 Chair Lauing: I suppose they could kick it back on the 14th, but that's a bigger problem. 32 If they're going to kick it back, I don't think it's going to be fixed in a week. 33 34 Commissioner Moss: Maybe the 13th is better. 35 36 Ms. O'Kane: Chair, can we review those dates, just so we're all on the same page? 37 38 Chair Lauing: Yeah. We're moving the November meeting ... 39 40 Commissioner Moss: Start with October. 41 42 Approved Minutes 49 Attachment C Part 2 APPROVED Chair Lauing: October goes back to its regularly scheduled time and station, which is the 1 25th. November moves from the 22nd, which is the normal spot, to the 1st. December 2 moves from the 26th to the 13th. Is that a wrap on that issue? Thanks for your time and 3 efforts. Let's keep it moving towards that goal line. 4 5 4. Other Ad Hoc Committee and Liaison Updates. 6 7 Chair Lauing: The next item of business is other ad hoc committees and liaison updates. 8 Which ad hocs do we have? Do we have dogs? 9 10 Commissioner Hetterly: The dog ad hoc met yesterday to talk about what we can do to 11 move forward with an near-term dog park. We've hit a few bumps, but we think we're 12 still going to barrel ahead with something. We're hoping to get that sorted out soon and 13 schedule some public outreach. Sounds familiar, right? 14 15 Chair Lauing: That is the next step. We're moving on it. Other ad hocs? David. 16 17 Commissioner Moss: The Baylands Comprehensive Conservation Plan, the staff did 18 present their outline of what the Plan will look like. It looks very comprehensive and a 19 lot of work. It seems like the right thing to do. I don't know exactly when we'll start the 20 first chapter or the first step. 21 22 Kristen O'Kane: Daren and I put together a scope of work that will be used to obtain a 23 consultant who will be actually preparing the Conservation Plan. We had some 24 stakeholder groups review the scope as well as the ad hoc of one, Commissioner Moss. 25 There's some other stakeholders that Daren has sent the scope to including Enid Pearson 26 and Emily Renzel. They're reviewing it as well. As soon as we get their feedback on it 27 and incorporate those comments, we're going to start the Request for Proposal process 28 and obtain bids from consultants. Just a little bit until we start writing the first chapter, 29 but we have the scope in place. Pretty close to being done with the scope. 30 31 V. DEPARTMENT REPORT 32 33 Chair Lauing: The next item is departmental reports. You still have the floor if you'd 34 like to speak to that. 35 36 Kristen O'Kane: I will start out. I just have one announcement of an event coming up 37 this weekend. Sunday, October 2nd, is what used to be called the Bike Palo Alto event. 38 It's now Bike and Roll Expo. They've added an expo to the Bike Palo Alto event, which 39 will be right outside at King Plaza. They'll have Bryant and Hamilton closed off in front 40 of City Hall. There will be different vendors, demonstrations of alternative modes of 41 Approved Minutes 50 Attachment C Part 2 APPROVED transportation. Just a lot of fun things to do. That event is from 1:00 to 4:00 p.m. on 1 Sunday, October 2nd. I think Daren had some project updates for you. 2 3 Daren Anderson: Yeah, I've got four projects to give you a quick briefing on. The first is 4 the golf course. It's moving along. We're still in the beginning stages of the earth work, 5 which is kind of the bulk of the project frankly. It's 400,000 cubic yards that we had 6 imported. That's to shape and contour the course. Right now we are moving about 7 15,000 to 20,000 yards a day. We've got massive pieces of equipment, maybe 15-20 of 8 them, moving all day long reshaping and moving earth. Concurrent with that, they're 9 harvesting the good top soil and sand that had been part of the course in earlier iterations, 10 when we did upgrades. We've harvested about 50,000 yards of that and stockpiled that in 11 a separate area. About 30,000 more yards of that quality top soil to harvest. Ultimately, 12 that will be used to form that top 8 inches of really good soil to propagate our new grass 13 on and have a nice healthy condition. The next stage will be kind of concurrent with the 14 earth work, installing the drainage and irrigation. Around April 2017, we'll start building 15 the new cart paths, constructing greens and growing in grass. Again, the project should 16 be complete around November 2017. I would also note that we've started conversations 17 with the artist that had been selected to do the public art component of this project. Her 18 name is Joyce Soo [phonetic]. Just engaged her regarding where the new piece would be 19 set. It hasn't been built yet, so some things are up in the air. Most likely it'll be near the 20 putting green area of the course. Another briefing is on the 36.5 acres, the former ITT 21 antenna field. The last time we talked, there was a strong feeling that we should move 22 forward with dedicating it as parkland as soon as possible. I've drafted the staff report 23 and gathered all the background information and maps, deeds, etc., and drafted the Park 24 Dedication Ordinance. It's being reviewed by the City Attorney's Office right now. As 25 soon as they've completed that step, it'll be sent to go on the Council's Consent Calendar. 26 Another project I was asked about at the last meeting was the two Baylands projects. 27 Commissioner Reckdahl had asked for a briefing on where we stand. This is the two 28 existing CPIs associated but distinct. One is for the Baylands Nature Center itself, the 29 structural improvements to the facility. The contract was awarded. This is a construction 30 contract with Buhler [phonetic] Commercial. It'll start on October 24th, next month, and 31 be completed around the spring of 2017. I know in the past we had discussed some of the 32 concerns of—it's a little sensitive because we've got clapper rail issues. If you miss your 33 timing, your window could throw you off. I think we've oriented to the schedule around 34 completing all the impactful work, that is the noise pieces, in advance of the deadline, 35 where you can no longer do that, in time. If there were residual work that had to be done, 36 it would be inside the building and acceptable even during the clapper rail season. 37 Community Services, by the way, will continue the educational programs that they 38 typically run out of that facility, but they'll be doing it at East Palo Alto's Cooley Landing 39 Nature Center during the project construction. The other associated project is the 40 Baylands Boardwalk project. We awarded Biggs Cardosa the contract for design and the 41 environmental permitting for that project. They'll begin the work in October. Part of it 42 Approved Minutes 51 Attachment C Part 2 APPROVED will be, as I mentioned, the environmental. That's an initial study and the environmental 1 assessment. This will come back to the Commission for a 15 percent design in December 2 of this year. There will be a little bit of a break while they work on the bulk of the 3 environmental assessment. As you know, that takes time, but they'll come back in the 4 summer of 2017 to the Commission with a 35 percent design and some details on the 5 environmental study that's associated with that one. The last issue I wanted to share with 6 you is we had submitted a request to address a problem with Los Trancos Trail. A bit of 7 a structural problem that you might recall I talked about. We had asked for extra money. 8 Council gave it to us. We worked with our existing trail contractor to do far more than 9 we had traditionally done, really restoring it to the way it used to be. This is what we 10 refer to as a wash-out area on the back side of this trail, where a good portion of the 11 hillside just regularly crumbles down onto this trail and makes it very unsafe. In fact, we 12 had a couple of accidents right before we made these improvements. The timing is good 13 that we're getting up and approved. Actually the substantive repairs have been 14 completed; they look great. I should note, though, that it's not the entire trail that had 15 been groomed perfectly. There are still elements of that trail—again it's almost 8 miles 16 long, so you can imagine how much time it takes to come in and make these repairs. The 17 bulk of the major issues have been corrected. Now, there are little things that staff will 18 come by periodically as regular maintenance and upgrade. I encourage you to get out 19 there and hike it. I just did it last weekend. It's beautiful, a great hike. It is open. 20 21 Chair Lauing: Any update on the hydrologic study? 22 23 Mr. Anderson: Hydrologic study is running right now. We're just at the stage of 24 completing the survey work. In fact, this last weekend the surveyor was up taking points 25 and doing measurements and completing that section of the project. The next phase will 26 be connecting with stakeholders and probably a public meeting. I would guess we'd be 27 looking at that in about a month or two. I'll bring it back to the Commission and make 28 sure you guys know about it. 29 30 Commissioner Moss: Any update on filling up Cubberley to replace Foothill? 31 32 Rob de Geus: That's a very timely question, because I was just at the City Council last 33 night discussing this. We did put out an RFP over the summer. We know that Foothill 34 College is leaving by the end of this month actually. They're the anchor lease at 35 Cubberley. They have 39,000 square feet of space that they had exclusively. We were a 36 bit nervous about it because we only have a 3-year lease with the School District. 37 Getting in a new, big anchor lease was going to be difficult. We don't have one new 38 lease; we have 17 new leases of a variety of nonprofit organizations providing a 39 community benefit of one or another. We have health and fitness groups, some music 40 groups and dance groups, education tutoring, different organizations. We're drafting 41 those leases now. We're going to be able to get close to the revenue target that Foothill 42 Approved Minutes 52 Attachment C Part 2 APPROVED was paying, which is $1 million a year, with the 17 new lease agreements. Be happy to 1 report on that. They'll moving in within the next couple of months, most of them in 2 November. 3 4 Commissioner Moss: How will that impact us as far as the overall Cubberley plan? 5 6 Mr. de Geus: The Master Plan work is going slowly, let's just say. We're 2 years into the 7 5-year lease, and we have not made a lot of progress. We talked about that last night with 8 the Council as well. They really want to see that thing get started and moving. Our 9 current timeline that we're thinking is to write a scope of services to get some support 10 probably beginning with some type of community needs assessment in the fall, and really 11 start in earnest in January. The thing that's holding us up a little bit is the School 12 District's still having a lot of discussion about their enrollment and the future needs for 13 schools. In fact, this evening it's on the agenda at the School District. There's an item 14 that talks about an additional school and what that might mean and some different 15 options. They're also considering that their administrative offices may be suitable for 16 relocating to Cubberley and not have a school at Cubberley. That's a big difference than 17 having a school at Cubberley. We think that answering that fundamental question, is it 18 going to be a education school-type of use for what the School District needs or 19 administration, we need to know that in advance of bringing on a consultant to help us 20 figure out what we might do there. I know the School District's very interested in moving 21 this forward as well. Dr. Max McGee, the Superintendant, has committed to moving this 22 forward with Jim. Be very interested to see how the discussion went this evening, so we 23 can move this thing along. 24 25 Chair Lauing: Any other announcements? Peter. 26 27 Peter Jensen: I think I touched on it last month. The Wilkie Way bike path has opened, 28 providing an access point to the Sommerset or Sommer Hills—I'm not sure exactly which 29 one it is. They do have a park there that's very close to Monroe Park. Those two parks 30 can now act in conjunction as one, because the newer part in the Sommerset homes has a 31 little bit more advanced playground than what we see at Monroe. We're also wrapping 32 up the renovation of Bowden Park. The playground is open, and there's a few last details 33 to take care of there. That project is close to being completed as well. 34 35 Commissioner Reckdahl: The new Sommer Hill park, is that owned by the City or is that 36 private property? 37 38 Mr. Jensen: That's private. I think the agreement of builder was that it would be a 39 public-used space. It is private; it's not maintained or renovated by the City in any way. 40 41 Approved Minutes 53 Attachment C Part 2 APPROVED Commissioner Reckdahl: As things age, do we have any authority to force them to repair 1 or we just have to hope that they repair it in a timely manner? 2 3 Mr. Jensen: That's not a question I can answer now. We can find out more about that, 4 though. 5 6 Commissioner Reckdahl: Thank you. 7 8 Chair Lauing: The next—I'm sorry. 9 10 VI. COMMENTS AND ANNOUNCEMENTS 11 12 Commissioner Hetterly: I don't know if comments and announcements is where it goes. 13 I have a question about the AT&T site next to Boulware Park. We've had public 14 comment about that. We've received a number of emails about it. It sounds as though 15 nobody knows how one would move forward on investigating whether that's a viable 16 option. This is an AT&T property that's adjacent to Boulware Park, right in the heart of 17 one of our search areas. I wonder what we can do to sort that out so that we can maybe 18 move this along. This is a perfect example of a major opportunity cost. If this is 19 something we want to pursue, we ought to figure out how to do it. 20 21 Rob de Geus: We're looking into that. I saw that lengthy email from the gentleman that's 22 asking that question. We're going to work with the real estate office to see what the next 23 steps are. I don't know all the information. Is it really up for sale or will it be up for 24 sale? Is there an interest in selling the property? There's just a lot of questions at this 25 point, but we can report back next month. 26 27 Commissioner Hetterly: That'd be great. I know we haven't done it, so we don't have a 28 track record of how one would do that. Figuring out the how seems to me the first step 29 and being able to communicate that back to these folks who are really interested in it and 30 pushing it. Thank you. 31 32 VII. TENTATIVE AGENDA FOR OCTOBER 25, 2016 MEETING 33 34 Chair Lauing: The next item on the agenda is to look at the agenda for October 25th. 35 Are we getting to see the Zoo? 36 37 Kristen O'Kane: I think the Zoo is more likely to come in November. 38 39 Chair Lauing: We hoped that they were going to come today. They pushed out. 40 41 Approved Minutes 54 Attachment C Part 2 APPROVED Ms. O'Kane: They did. Right now, all I know of for the October agenda is the Master 1 Plan. That may change between now and then. I'll communicate that with you as things 2 come up. 3 4 Chair Lauing: Any other items that we'd like to see for that agenda? 5 6 Commissioner Cribbs: Weren't we going to have some information about the aquatics? 7 8 Chair Lauing: Are you going to come back on aquatics? 9 10 Ms. O'Kane: Yes. Thank you. 11 12 Chair Lauing: Any other items at all? Otherwise, we'll entertain a motion for 13 adjournment. See if we can get a vote on that. 14 15 VIII. ADJOURNMENT 16 17 Meeting adjourned on motion by Commissioner Reckdahl and second by Commissioner 18 Cowie at 10:00 p.m. 19 Approved Minutes 55 Attachment C Part 2 TO: PARKS AND RECREATION COMMISSION FROM: JAZMIN LEBLANC, STRATEGY AND OPERATIONS MANAGER, COMMUNITY SERVICES DEPARTMENT AGENDA DATE: NOVEMBER 16, 2016 SUBJECT: RECOMMENDED CHANGES TO THE PALO ALTO AQUATICS PROGRAM RECOMMENDATION Staff is requesting that the Parks and Recreation Commission provide feedback on the staff analysis and evaluation of potentially contracting with Team Sheeper to provide some or all aquatics programs and services for the City of Palo Alto. Staff has reviewed management alternatives using the following criteria: •City and Customer Costs •Quality of Service and Customer Satisfaction •Diversity of Programming and Accessibility Staff recommends entering into a public-private partnership with Team Sheeper, Inc. to manage the summer swim lesson program for 2017 as well as to provide a summer swim camp. Staff further recommends that we engage in additional community outreach and analysis before expanding Team Sheeper’s role in operating additional programs and services including oversight of the relationships with Rinconada Masters and PASA, and lap swim and recreation swim at Rinconada and JLS pools. Staff will continue to solicit feedback from pool users to ensure we are hearing from as many stakeholders as possible and return to the Parks and Recreation Commission early in the 2017 calendar year with the results of the outreach and analysis and potentially additional recommendations. This staff report includes analysis of the potential advantages and disadvantages of Team Sheeper Inc. operating the full suite of aquatics programs and services. As stated above staff are only recommending Team Sheeper manage the swim lesson program at this time, with further community outreach and analysis needed before further recommendations can be made. Executive Summary Rinconada Pool is a valued community asset, receiving over 58,000 drop-in visits to its lap and recreation swimming programs each year and providing swimming lessons to approximately 1,000 youth annually. In the past few years, City residents have made clear that they would like 1 Attachment C Part 3 more pool access. Residents want open swim programs available for an extended swim season and would like to increase daily open hours. They would also like more access to youth swimming lessons with more lessons available and at more convenient times during the week. This increased demand for both recreational and instructional swimming, together with CSD’s difficulty in hiring and retaining adequate lifeguarding staff to provide swim lessons has led staff to recommend several changes to the Aquatics Program. In December 2015, after receiving direction from the Finance Committee and subsequently the full Council, staff released a Request for Proposal (RFP) to solicit bids for Aquatics Management services to improve the City Aquatics program. In our evaluation we identified opportunities to not just maintain the aquatics program but to meet community requests to expand and enhance aquatics programming for Palo Alto. The objective of the RFP and our analysis was to consider alternatives for how we might best achieve the following: 1) Expand the recreational swimming season to open both pools for recreation swimming in mid-April and keep the pool open through late October. 2) Adjust and add open hours for lap swim and recreational swimming programs to better meet customer demands for pool use outside of 9 to 5 weekday hours. 3) Expand the swim lesson season to match the expanded recreational swim season and adjust swim lesson offerings to provide more evening and weekend lessons. The City received two proposals, one from the Palo Alto Family YMCA and the other from Team Sheeper Inc. Of the two proposals Team Sheeper Inc. provide the lower cost, greater diversity of program and service proposal, and demonstrated ability to perform and deliver the highest quality of service. Based on the Team Sheeper Inc. proposal, staff evaluated a range of management options for the Aquatics Program, each with advantages, disadvantages and tradeoffs. These included: • Enter into a partnership with Team Sheeper, Inc. to manage pool operations at Rinconada, oversee the relationships with the Rinconada Masters and PASA, and provide swimming lessons at Rinconada and JLS pools; • Identify and evaluate the staff and resource needs for and enhanced in house City-run aquatics program to match the level of programming and services Team Sheeper proposed; and • Maintain the status quo with a summer-only recreational swim program and continuing to contract swimming lessons as we have done for the past two summers. 2 Attachment C Part 3 Background During the summer season, which runs from mid-June through mid-August, the City of Palo Alto Aquatics Program offers a variety of activities for the community including: • family recreation swim, • adult lap swim, • learn-to-swim lessons, • facility rentals for private pool parties, • a youth competitive swim team (PASA - Palo Alto Stanford Aquatics), and • an adult competitive swim team (Rinconada Masters). The City has existing contracts to provide the Rinconada Masters and PASA programs, while City staff historically has provided staffing for the remaining programs. The majority of the aquatics programs are held at the City-owned Rinconada pool with some summer swim lessons also taking place at the JLS Middle School pool. Throughout the rest of the year (mid-September through mid-May), the only aquatics activities that are offered at Rinconada are adult lap swim, PASA, and the Rinconada Masters. For the past two summers (2015 and 2016), the City has struggled to hire and retain adequate pool staff to meet community demand for the Lap Swim, Learn-to-swim and Family Recreation Swim. In 2015, CSD entered into an emergency contract with an outside vendor to mitigate its Learn-to-swim staffing shortages. Working on a very short timeline, CSD was able to write and approve a contract with Team Sheeper Inc., a professional third party aquatics service provider who was able to mobilize quickly and provide qualified professional swim instructors and lifeguards to support the Palo Alto aquatics programs. Following the 2015 summer swim season, CSD staff conducted program evaluations of the summer lessons that Team Sheeper Inc. had provided. Parents of participants were very pleased with the experience and felt their children’s progress and technique had improved over the course of the lessons. Because the 2015 Team Sheeper program was well received by the community and because of continuing staffing shortages, CSD entered into another short-term limited contract with Team Sheeper Inc. to manage the Learn-to-swim program for the Summer 2016 season and to provide lifeguarding hours for short-staffed lap swim sessions as needed. There are several reasons the City aquatics program is experiencing difficulty hiring and retaining staff. The biggest challenge has been that the City currently only has the ability to hire part-time staff to work under 1,000 hours each per year but Rinconada has a need for employees who can work year round to staff the lap swim program. This issue leads to staffing shortages outside of the summer season. 3 Attachment C Part 3 In addition, pay rates for lifeguards and swim instructors are not as competitive compared to other employment opportunities for high school and college students. The majority of the aquatics employees are students and after summer they have limited work availability. Provision of aquatics services for cities in the region is delivered in a number of ways. For example, the City of Menlo Park contracted out their entire aquatics program to Team Sheeper, Inc. and it now operates in a public-private partnership as Menlo Swim & Sport. The City of Morgan Hill has a unique partnership with the YMCA to run their recreation programs. As partners, the City of Morgan Hill and YMCA partner to provide high quality health and fitness, youth, teen, family, and senior programs including aquatics for residents and the surrounding community to enjoy. Currently, the City of Palo Alto provides a hybrid program where the Aquatics program is predominantly run in house with the exception of our Master’s and PASA programs which are provided by contractors. In December 2015, CSD issued a Request for Proposals (RFP) for the following services: 1) Learn-to-swim lessons; 2) Youth Competitive Swim Team; 3) Adult Master Swim Team; and 4) aquatics facilities operation, including recreational swim, lap swim, and pool rentals. Firms were invited to submit a proposal for one or all of the above services and attend a pre-bid meeting. Two proposals were received one from the Palo Alto Family YMCA and the other from Team Sheeper Inc. and both bidders were invited to present their proposals and respond to questions from the consultant review team. The consultant review team was represented by five City staff, a Recreation Supervisor from the City of Mountain View, a Recreation Supervisor from the City of Milpitas, and a pool user (lap swim). After careful review of both proposals, discussing with the consultant review team and interviewing the two potential service providers, the proposals were scored using the following criteria and Team Sheeper prevailed as the preferred contractor: • Quality and Completeness of Proposal. • Quality, performance and effectiveness of the solution, or services to be provided; • Proposer’s experience, including the experience of staff; • Revenue to the City; • Proposer’s ability to perform work within the time specified; and • Proposer’s ability to provide program registration that integrates seamlessly with the City’s procedures. Staff proceeded to evaluate short and long term alternatives for future Aquatics Program delivery with Team Sheeper Inc. Team Sheeper has the experience, staffing levels, and innovative programming to not only maintain the City’s aquatics program at its current level of service, but also expand it and add additional new programs if the City so desires. 4 Attachment C Part 3 Discussion Team Sheeper is the preferred contractor responding to the RFP, however; staff also wanted to evaluate what staff and resource requirements would be needed if the City were to operate the Aquatics program in house as a City-run aquatics program at the same level of programming Team Sheeper proposed. Staff also considered the option of maintaining the status quo with a summer-only recreational swim program and continuing to contract swimming lessons as we have done for the past two summers. Staff analyzed each of the alternatives using the following criteria: • City and Customer Costs • Quality of Service and Customer Satisfaction • Diversity of Programming and Accessibility If we assume that any management changes to pool operations should not increase cost it is clear the City cannot match the service level enhancements that Team Sheeper is proposing through changes to in-house management. It would be significantly more expensive to enhance Aquatics programs and services to a year round program than the Team Sheeper option because the alternatives would require an increase the number of full-time benefitted City employees in order to ensure sufficient staffing and oversight of an expanded program. Team Sheeper can provide a significant increase in programming and hours at the pool which will allow Rinconada to be utilized by more residents and provide swimming lessons to more Palo Alto youth. Importantly, using Team Sheeper also alleviates the City’s staffing shortage issues which will allow pool programming to operate without emergency measures or cuts to programs like we have seen in previous years. Team Sheeper has proposed operating a year round lap and recreational swimming program, dramatically increase youth swim lesson offerings, increase masters swim programs, provide programming enhancements including swim camps and aqua fitness, and will allow City staff to focus on other programming areas. Team Sheeper is an organization focused solely on aquatics programming and operations and so has a level of expertise in the area that is hard to rival. Team Sheeper’s philosophy is one of maximizing usage (while keeping a delicate balance to avoid crowding the pool.) Under their operation, there would be more sharing of space. As an example, during midday weekday hours when demand for lap lanes may be low, Team Sheeper may use some lanes for lap swim and offer some lanes for lessons or aqua-aerobics. This will be a change for some customers who have grown accustomed to having their choice of empty lanes but it is a change that we believe will ultimately allow us to serve more Palo Alto residents with a greater variety of programming. 5 Attachment C Part 3 Full details of the evaluation of in-house versus contracting with Team Sheeper can be found in Appendix C. Team Sheeper’s proposal provides the following benefits at roughly the same cost to the City as the current Rinconada programs: 1. Significantly expanded youth swimming lesson program. Team Sheeper estimates that it will provide roughly six times more swimming lessons than offered in 2016 (32,000 lessons compared with 5,500 lessons) and will offer more lessons on evenings and weekends. 2. Expanded recreation and lap swim hours. Team Sheeper has proposed expanding all lap and recreation swim hours year round. Appendix B provides both snapshots of our current Summer and Non-Summer Programming at Rinconada and Team Sheeper’s anticipated schedule for Summer and Non-Summer Programming. 3. New programming including summer swim camps and aqua fitness classes. 4. Different youth swim lesson programming. Team Sheeper’s typical swim lesson model is to set each child up with once per week lessons that they attend for several months in a row. The City’s lesson program is for each child to take lessons four days in a row for several weeks at a time. Team Sheeper anticipates that it will offer its typical once per week schedule for lessons at Rinconada and Palo Alto’s traditional four days straight model at JLS Middle School, which will give families the option to choose their preferred method. 6 Attachment C Part 3 The chart below highlights the differences in pool availability between our current program and Team Sheeper’s proposal. Staff is committed to providing a valuable aquatics program to Palo Alto residents and should we contract the full suite of operations staff would ensure that flexibility in scheduling is written into any contract with Team Sheeper so that we can modify the schedule in response to customer feedback. Weekly Open Hours Status Quo Team Sheeper Su m m e r Lap Swim 62 79 Lap Pool Recreation 27 30 Wading Pool 55 86 No n -Su m m e r Lap Swim 42 52 Lap Pool Recreation 0 4 Wading Pool 0 46 Contracting pool operations to Team Sheeper does come with some trade-offs, two of the more significant tradeoffs include: 1. Higher customer prices. Palo Alto residents paying at the entrance for lap and recreation swim would not see a price change but other customers would. Approximately 1,300 Palo Alto residents use a 10-pack to participate in lap and recreation swim. Most of those customers would see an increase in their cost to use Rinconada. However, if they continue to use the pool with the same frequency, they could expect to pay an additional $16 per year for pool access and if they chose to take advantage of newly added operating hours, they can buy a monthly pass- something that Team Sheeper has proposed adding. We believe that this level of price increase is acceptable given the many more hours of pool availability residents will have throughout the year. 7 Attachment C Part 3 The following tables highlight the current and proposed lap and recreation swim pricing changes: Pricing Increases for Current 10-pack customers (residents) Team Sheeper also proposes to provide approximately six times more swimming lessons under their operations than Palo Alto has offered in the past. However, in order to provide so many lessons, Team Sheeper would increase youth swimming lesson prices. Staff is proposing that the City subsidize group swimming lessons by $6 per lesson. Lessons would still be more expensive than in previous years, with prices increasing from $11 to $16 per lesson; in our review of other public pools we found the average price per lesson was $13. Private lessons would see a large increase from $24 per lesson now to $67 per lesson. Private lessons have historically been heavily subsidized and staff believes that the current pricing structure is not sustainable and should increase regardless of the management. (Benchmark pricing is detailed in Appendix A.) Status Quo Team Sheeper Adult $6.00 $6.00 Senior $4.00 $4.50 Youth $5.00 $4.50 Infant $3.00 $4.50 Family N/A $15.00 Status Quo Team Sheeper Adult $6.00 $7.00 Senior $4.00 $5.25 Youth $5.00 $5.25 Infant $3.00 $5.25 Family N/A $18.00 Re s i d e n t s No n - R e s i d e n t s Lap and Recreation Swim Pricing Changes for Daily Rate Entrants Adult $2.00 Senior $2.50 Youth $1.00 8 Attachment C Part 3 The following table highlights the current and proposed lesson pricing changes: Palo Alto Sheeper Resident Non-Resident Group Youth Lessons $11 $12 $16 ($22 Non Resident) Semi Private Youth Lessons N/A N/A $37 Private Youth Lessons $24 $26 $67 Group Adult Lessons N/A N/A $30 Private Adult Lessons $64 (60 min) $75 (60 min) $37 (30 min) Masters Swim $75- 80/month $75- 80/month $80 Team Sheeper’s full cost per group lesson is $22 but staff proposes that the City subsidize group swim lessons to encourage all Palo Alto youth to learn to swim. A subsidy of $6 per lesson could cost as much as about $250,000 per year if Team Sheeper filled every lesson they offered with a Palo Alto resident. If this happened, it could bring the City cost slightly above our Status Quo projection or current projected budget for Aquatics. Staff feel that the $6 per lesson subsidy is a reasonable compromise between keeping costs down for residents and not adding City costs to the program overall. The table below shows the cost of group lesson subsidies based on subsidy level and potential enrollment of Palo Alto residents. Subsidy level Expected Enrollment (~30,000) Maximum Enrollment (~42,000) $1 $30,368 $41,776 $2 $60,736 $83,552 $3 $91,104 $125,328 $4 $121,472 $167,104 $5 $151,840 $208,880 $6 $182,208 $250,656 $7 $212,576 $292,432 $8 $242,944 $334,208 $9 $273,312 $375,984 $10 $303,680 $417,760 $11 $334,048 $459,536 2. Less control over day to day operations. If the City contracts pool operations to Team Sheeper, Team Sheeper has more control over details of daily operations such as which particular parts of the pool are available to various user types throughout the day. Staff 9 Attachment C Part 3 will however prioritize specific issues that staff, the Parks and Recreation Commission, and Council have with regard to pool operations such as how many lanes are available for open swim and how many hours of recreation swim include access to the diving boards. Other tradeoffs that will need to be managed carefully to ensure the customer experience and quality of service is high include: • Additional aquatics programming will result in the need for more sharing of the pool between different interest groups; • Team Sheeper maintains their own registration system, so customers would not register for swim lessons through the City’s process but would register through a different site; • Team Sheeper and City staff needs to determine how Team Sheeper’s financial aid programs will be administered and whether residents will also be eligible for price reductions through the City’s aid program. While the trade-offs described above are important to understand and appreciate, Staff believes that continuing discussions with Team Sheeper is the best option to meet City goals to alleviate staffing shortages and to respond to resident requests for more pool access. Impact on PASA and Rinconada Masters If the City elects to contract the full aquatics program to Team Sheeper, Team Sheeper has proposed absorbing or subcontracting the Rinconada Master’s program and would subcontract with PASA to operate their program. Impact on City Staff If the City enters into a public-private partnership with Team Sheeper it will impact the SEIU positions used at the pool. There is one full-time SEIU position and 12 SEIU hourly positions used by the aquatics program. Only 5 of 12 are currently filled for a total of 2.06 FTE. The remaining 7 unfilled positions total 1.73 FTE. The full-time SEIU employee is in a job classification with a current vacancy. The position is a Recreation Coordinator and the vacancy is at the Mitchell Park Community Center Teen Center. Staff has intentionally left the position vacant for the past month so that the City can consider either eliminating a position and transfer the employee into the vacant Teen Center position, or restructure the position to focus on other areas such as special events programming. Team Sheeper is committed to considering hiring the remaining pool staff for positions on their staff. Team Sheeper uses both year-round and seasonal employees at its other pools and estimates that at least 70 percent of seasonal staff consists of local high school and college 10 Attachment C Part 3 students. If they operate Rinconada Pool, they expect a similar portion of local students to work during summers. Timeline • September 2016 – PSO meets with SEIU to notify them of the possible impact on 1 SEIU permanent position and 12 SEIU hourly positions in the Aquatics Program. (Only 5 of 12 are currently filled for a total of 2.06 FTE. The remaining 7 unfilled positions total 1.73 FTE.) • November 2016 – Parks and Recreation Commission presentation and discussion. • December 2016 – City Council presentation and discussion of contract for swim lessons only. • December 2016 – Pending City Council and CMO direction, contract with Team Sheeper finalized and Aquatics Programming changes begin. • January 2017 – Pool operations begin for 2017. Resource Impact The City’s cost recovery expectations for FY 2018 are detailed in the chart below. Year One – FY 2018 Forecasted Fiscal Impact FY 2018 Contracted Status Quo Revenue $0 $465,000 Operating Expenditures $60,000 $565,000 Contract Fees $180,000 $200,000 Maintenance and Overhead $300,000 $275,000 Swim Lessons Provided 32,000 5,500 Net General Fund Impact ($540,000) ($575,000) The intent of the recommendations in this memorandum is to provide an enhanced level of service at or below current cost. Contracting with Team Sheeper meets this goal. Policy Implications This proposal is aligned with Comprehensive Plan goal G1: Effective and Efficient Delivery of Community Services. 11 Attachment C Part 3 Environmental Review The recommendation in this report does not constitute a project requiring review under the California Environmental Quality Act (CEQA). Attachments Appendix A – Youth Swim Lesson Program Pricing Comparison Appendix B – Sample Schedules of Pool Programming Under the Current Model and Team Sheeper’s Proposal Appendix C – Assumptions and Analysis Used in Evaluating Management Options 12 Attachment C Part 3 Appendix A Youth Swim Lesson Program Pricing Comparison Swim school lesson pricing (per 30 minutes) Public Group Private City of Mountain View 7$ 25$ City of Milpitas 9$ 38$ City of Morgan Hill 9$ 29$ City of Cupertino 10$ 42$ City of Santa Clara 10$ N/A City of Sunnyvale Pools 11$ 50$ City of Palo Alto 11$ 24$ Los Gatos/Saratoga Recreation 12$ 38$ Menlo Park Belle Haven 15$ 67$ City of Redwood City 15$ N/A City of Fremont 16$ 34$ City of Campbell 18$ N/A Menlo Park Burgess 22$ 67$ Rancho Rinconada (Cupertino)N/A 33$ Average 13$ 35$ Private Palo Alto YMCA - Ross 13$ 52$ Palo Alto JCC 16$ 55$ Flying Fish (Milpitas)18$ 54$ Star (Saratoga)20$ 78$ Sutton Swim (Campbell)22$ N/A AVAC (Almaden Valley)23$ N/A DACA (Cupertino)23$ 90$ Peninsula Swim School (Redwood City)23$ 46$ Kings Academy (Redwood City)23$ 64$ La Petite Baleen (Redwood City)24$ 64$ Waterworks (San Jose)27$ 80$ Average 21$ 65$ Resident/Member 13 Attachment C Part 3 Appendix B Sample Schedules of Pool Programming Under the Current Model compared to the Team Sheeper’s Proposal Status Quo Summer Schedule 6:00am 6:30am 7:00am 7:30am 8:00am 8:30am 9:00am 9:30am 10:00am 10:30am 11:00am 11:30am 12:00pm 12:30pm 1:00pm 1:30pm 2:00pm 2:30pm 3:00pm 3:30pm 4:00pm 4:30pm 5:00pm 5:30pm 6:00pm 6:30pm 7:00pm Lap Swim Lap Swim 7:30pm 7 lanes 7 lanes 8:00pm 8:30pm Lap Swim 10 lanes Swim Lessons 4 lanes Masters (14 lanes) Lap Swim (14 lanes) Lap Swim 10 lanes Sunday Lap Swim (14 lanes) Monday Tuesday Wednesday Thursday Friday Saturday Swim Lessons 4 lanes Masters (14 lanes) Swim Lessons 4 lanes Masters (14 lanes) Lap Swim (14 lanes) PASA 10 lanes 7lanes Swim Lessons 4 lanes Swim Lessons 4 lanes Lap Swim 4 lanes Swim Lessons 4 lanes Rec Swim 10 lanes Rec Swim 10 lanes Lap Swim 4 lanes PASA 10 lanes Lap Swim 10 lanes Swim Lessons 4 lanes PASA 10 lanes Lap Swim (14 lanes) Masters (14) Lap Swim (14 lanes) PASA (14 lanes) Masters (14) 7lanes Lap Swim (14) Lap Swim (14 lanes) Masters (14 lanes) Masters (14 lanes) Lap Swim (14 lanes) Rec Swim (10 lanes) Lap Swim (4 lanes) Rec Swim (10 lanes) Lap Swim (4 lanes) Lap Swim (14) Staff Training (14 lanes) Lap Swim (14) 7lanes Masters (14 lanes) Rec Swim 10 lanes Lap Swim 4 lanes Rec Swim 10 lanes Lap Swim 4 lanes Rec Swim 10 lanes Lap Swim 4 lanes PASA 10 lanes Swim Lessons 4 lanes Masters (14 lanes) Lap Swim 10 lanes 14 Attachment C Part 3 Status Quo Non-Summer Schedule 6:00am 6:30am 7:00am 7:30am 8:00am 8:30am 9:00am 9:30am 10:00am 10:30am 11:00am 11:30am 12:00pm 12:30pm 1:00pm 1:30pm 2:00pm 2:30pm 3:00pm 3:30pm 4:00pm 4:30pm 5:00pm 5:30pm 6:00pm 6:30pm 7:00pm 7:30pm 8:00pm 8:30pm Sunday Masters (14 lanes)Lap Swim (14 lanes) Masters (14 lanes)Lap Swim (14 lanes) Masters (14 lanes)Lap Swim (14 lanes)Lap Swim (14 lanes) Monday Tuesday Wednesday Thursday Friday Saturday Masters (14 lanes) Masters (14 lanes) PASA (14 lanes) Maintenance Lap Swim (14 lanes) Lap Swim (14 lanes) Masters (14 lanes) Lap Swim (14 lanes) Maintenance Lap Swim (14 lanes) PASA (14 lanes) PASA (7 lanes) Lap Swim (7 lanes) Lap Swim (14 lanes) Maintenance Masters (14 lanes) PASA (14 lanes) PASA (7 lanes) Lap Swim (7 lanes) PASA (14 lanes) Masters (14 lanes)Lap Swim (14 lanes) PASA (14 lanes) PASA (7 lanes) Lap Swim (7 lanes)(4 lanes)(10 lanes) Maintenance Lap Swim (14 lanes) (7 lanes)(7 lanes) PASA (14 lanes) (4 lanes)(10 lanes) Maintenance Lap Swim (14 lanes) (7 lanes)(7 lanes) Masters (14 lanes)PASA (14 lanes) Lap Swim (14 lanes) Lap Swim (14 lanes) 15 Attachment C Part 3 Team Sheeper Proposed Summer Schedule 16 Attachment C Part 3 Team Sheeper Proposed Non-Summer Schedule 17 Attachment C Part 3 Appendix C Assumptions Used to Estimate Costs of Each Management Alternative City-run Management • Assumed an increase in swim lesson pricing to the benchmark average prices for group and private lessons • Increased non-resident pricing for swim lessons to reduce the subsidy for those customers. Rates would increase to $20 per lesson for group lessons and $63 per lesson for privates • Increase of approximately $25,000 per year in additional gas and chlorine costs to keep the round pool open for a longer season • Assumes approximately 20% more pool visitors due to increased hours • New full-time benefitted pool staff added to Rinconada’s operations: o Assumes increase from .25% to 100% of Community Services Manager to provide program management o 2 FTE Pool Managers/Deck Coordinators to stabilize staffing levels year round o 1 FTE Swim School Manager for City-run swim school and 1 FTE Customer Service Manager for increased programming o Increase starting lifeguard salaries from $11.50 to $15.00 in line with Team Sheeper and others o Assumes approximately half of lifeguards will become eligible for SEIU hourly employment (work more than 416 hours per year) Team Sheeper Management • Team Sheeper manages the City’s Aquatics Programming • Rinconada’s lap and recreation swim programs are expanded to offer more hours of access • The number of swim lessons available increases and are offered from spring through fall Customer Pricing Lessons In order to allow Team Sheeper to offer many more lessons from spring through fall, staff increased lesson prices in this model. In this option, Team Sheeper would provide 24,000 more lessons than in 2016. In order to minimize costs, the City cannot subsidize lessons at the rate it has historically done, so this model assumes the group lesson customer pricing rises from $11 to $16 per lesson and private lesson customer pricing rises from $24 to $67 per lesson. 18 Attachment C Part 3 Lap and Recreational Swim Team Sheeper would use the same pricing model for lap and recreational swimming as it does at the Burgess Pool. Their proposal includes two tiers of walk-up prices, by differentiating between residents and non-residents. Adult residents who pay upon entry would see no change in the price they pay and youth over three years old would see a slight decrease in their rates. Senior rates would increase slightly as would infant rates. The table below outlines these changes. Team Sheeper Lap and Recreation Swim Pricing Re s i d e n t s Adult Senior Youth Infant Family Daily Rate $6.00 $4.50 $4.50 $4.50 $15.00 Monthly Pass $48.00 $36.00 $36.00 $36.00 N/A No n -Re s i d e n t s Adult Senior Youth Infant Family Daily Rate $7.00 $5.25 $5.25 $5.25 $18.00 Monthly Pass $54.00 $40.50 $40.50 $40.50 N/A Roughly 40 percent of daily entrants to the pool currently are paid through the 10-Pack program which is a lower cost alternative to paying the daily entrance fee. For the current 10- Pack users, prices under the Team Sheeper contract would rise. The chart below indicates the percentage increase in pricing from the current 10-pack prices to the daily entrance fees for Team Sheeper. Team Sheeper Rate Increase for 10-Pack users Re s i d e n t s Adult 50% Senior 80% Youth 29% Infant 50% No n -Re s i d e n t s Adult 56% Senior 75% Youth 31% Infant 75% 19 Attachment C Part 3 In 2015, approximately 1,330 residents used a 10-pack at some point in 2015 an average of 13 times per year and another 443 non-residents used the 10-pack in 2015 an average of 12 times per year. Approximately 30 percent of 10-pack users are seniors, 60 percent are adults, and 10 percent are youth. Because of the relatively low frequency that 10-pack users visit the pool, the average impact of price increases to 10-pack users would only be about $16 per year. Staff believes that this is a reasonable price increase given the additional pool hours available to users. Additionally, Team Sheeper is proposing to offer a monthly pass option which will allow heavy pool users to save money over their current costs. City Costs Team Sheeper offers the lowest City cost to operate the aquatics facilities. Staff expects that Alternative Two would cost the City approximately $540,000 to operate the Aquatics Program in its first year of operations, assuming that the Council chooses to offer a $6 per lesson subsidy for Palo Alto residents taking group swimming lessons. This option also impacts City staffing. Currently the City has one permanent position and 12 SEIU hourly positions in the Aquatics Program. (Only 5 of 12 hourly positions are currently filled for a total of 2.06 FTE. The remaining 7 unfilled positions total 1.73 FTE.) Staff would need to work with the SEIU and the employees through the Meet and Confer process defined in the City’s Memorandum of Understanding with SEIU to determine how each employee will be impacted. Quality of Service and Customer Satisfaction Team Sheeper and the City both place high value on pool safety and have similar maintenance and cleanliness standards. The most notable difference in programming between Team Sheeper’s model and the City’s is in the swim lesson model. Palo Alto offers summer-only group swim lessons that are held four days in a row for two weeks at a time. Team Sheeper generally offers year-round group lessons that meet once weekly and can last as long as necessary for a child to advance. Both programs offer a ratio of 4 students to 1 instructor and utilize high quality instruction methods. Team Sheeper anticipates that it will offer its typical once per week lessons at Rinconada Pool and the 4-day per week model at the JLS Middle School pool. This will allow families the option of using their preferred lesson model. Team Sheeper’s swim lesson programming is different that the City’s traditional Red Cross program. The City’s learn-to-swim program has emphasized water safety and building comfort 20 Attachment C Part 3 in the water. Team Sheeper’s program emphasizes water safety and comfort in the water but in addition focuses heavily on building fundamentally sound swim techniques in all four competitive swim strokes. Customer satisfaction has been generally positive for both summers using Team Sheeper to provide lessons. Team Sheeper has provided the information below to elaborate on how their swim program goes beyond a traditional swim safety program: • Single Goal Approach- Swimmers focus on one skill or stroke at a time, they master the stroke being taught, while building on previous skills with each new level. • Each lesson is extremely focused on the individual student and their swim ability. They teach to the student while in a group setting. • Teachers will give students hands on and verbal instruction, they will modify the instruction given with each interaction, giving swimmers the feedback they need and tailoring the lesson to the student in each class. • Each time a student comes to a swim lesson they have the opportunity to advance. After demonstrating the skill they are working on successfully in three separate lessons, swimmers receive a ribbon and are able to move on to the next skill while staying in the same class. • Instructors provide support to the progress of the swimmers in collaboration with Deck Coordinators. Deck Coordinators are called over during a lesson to watch the student swim; they then provide feedback to the swimmer, give direction as needed and serve as a way to ensure the student is receiving the opportunity to advance. • Team Sheeper’s program is year round and not session based. Swimmers can continue progress without interruption. Session based programs can stop a swimmer’s momentum. The year round approach allows students the opportunity to join a class at any time, without feeling that they are behind. • Year round classes allow Team Sheeper to hire full-time instructors with more experience than seasonal employees typically have. Team Sheeper’s staff includes many instructors with extensive backgrounds in aquatics, advanced degree in athletics, and some were competitive swimmers in the past. • They provide ongoing training and continued investment in all swim instructors, training courses include: swim clinics, new teaching methods, innovation to curriculum, teacher to student relationship building, and team building. 21 Attachment C Part 3 Diversity of Programming and Accessibility Team Sheeper’s proposal offers more hours of lap and recreation swimming as well as other programs that Palo Alto currently does not provide including summer and holiday swim camps, aqua-fitness classes and swim pro services. The biggest potential Accessibility drawback from using Team Sheeper would be that some customers may feel they cannot afford the newly increased prices under a Team Sheeper. Team Sheeper offers a financial aid program for swim lessons, water polo team membership and lifeguard certification classes at its Belle Haven pool which they plan to bring to Rinconada. 22 Attachment C Part 3 Youth Swim Lesson Program Pricing Comparison Swim school lesson pricing (per 30 minutes) Public Group Private City of Mountain View 7$ 25$ City of Milpitas 9$ 38$ City of Morgan Hill 9$ 29$ City of Cupertino 10$ 42$ City of Santa Clara 10$ N/A City of Sunnyvale Pools 11$ 50$ City of Palo Alto 11$ 24$ Los Gatos/Saratoga Recreation 12$ 38$ Menlo Park Belle Haven 15$ 67$ City of Redwood City 15$ N/A City of Fremont 16$ 34$ City of Campbell 18$ N/A Menlo Park Burgess 22$ 67$ Rancho Rinconada (Cupertino)N/A 33$ Average 13$ 35$ Private Palo Alto YMCA - Ross 13$ 52$ Palo Alto JCC 16$ 55$ Flying Fish (Milpitas)18$ 54$ Star (Saratoga)20$ 78$ Sutton Swim (Campbell)22$ N/A AVAC (Almaden Valley)23$ N/A DACA (Cupertino)23$ 90$ Peninsula Swim School (Redwood City)23$ 46$ Kings Academy (Redwood City)23$ 64$ La Petite Baleen (Redwood City)24$ 64$ Waterworks (San Jose)27$ 80$ Average 21$ 65$ Resident/Member Attachment D .. TO: FROM: DATE: CITY OF ~~[b@ ~rLu@ HONORABLE CITY COUNCIL ROB DE GEUS, COMMUNITY SERVICES DIRECTOR JANUARY 9, 2017 10 SUBJECT: AGENDA ITEM NUMBER 10-Approve and Authorize the City Manager to Execute an Agreement Between the City of Palo Alto and Team Sheeper LLC, for the Learn to Swim Program for Summer 2017 at an Amount Not-to-Exceed $143,000 The Agreement with Team Sheeper LLC (Attachment A), was not yet executed by Team Sheeper LLC at the time this Agenda Item was prepared for the Council Packet. There are also minor changes between the signed Agreement and the version prepared for the Council Packet. Those changes are: the addition of Scope of Services dates from March 1, 2017 through December 31, 2017 (Exhibit B), the removal of details describing lesson levels and daily activities for swim camps (Exhibit B), and an adjusted invoicing schedule to provide for monthly invoices and payments (Section 5). The Agreement was executed by Team Sheeper LLC on January 3, 2017. Find the signed Agreement attached. ~ ·J / /) ,. .· // I I ,J-)/t Lt/~ Rob De Geus Director Community Services 1of1 JcuSJgn Envelope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE CITY OF PALO AL TO CONTRACT NO: Cl 7161146 AGREEMENT BETWEEN THE CITY OF PALO AL TO AND TEAM SHEEPER, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 1st day of March, 2017, ("Agreement") by and between the CITY OF PALO AL TO, a California chartered municipal corporation ("CITY"), and TEAM SHEEPER, INC. a California corporation, located at 501 Laurel Street, Menlo Park, CA 94025 ("CONSULT ANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to provi4e its Summer 2017 Session Recreation Aquatics Program ("Project") and desires to engage a consultant to provide certified swim instructors to teach private and group swim lessons to registered participants in the Palo Alto Recreation Aquatics Program for the CITY of Palo Alto offered at the Jane Lathrop Stanford (JLS) Pool, 480 East Meadow Drive, Palo Alto 94306 and Rinconada Pool, 777 Embarcadero Road, Palo Alto, CA 94301 in connection with the Project ("Services"). B. CONSULT ANT has represented that it has 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 CONSULT ANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 31, 201 7 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULT ANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and DocuSign Envelope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULT ANT 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 CONSULT ANT for performance of the Services described in Exhibit "A" ("Basic Services"), and reimbursable expenses, shall not exceed One Hundred Thirteen Thousand Dollars ($113,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed One Hundred Forty Three Thousand Dollars ($143,000). The applicable rates and schedule of payment are set out at Exhibit "C", which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of' Exhibit "C". CONSULT ANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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". SECTION 5. INVOICES. The CONSULTANT will invoice the CITY for payment at the end of each month for services provided. The CONSULT ANT payment voucher will then be submitted to the fiscal section for payment at which point the CITY has 30 working days from the last date of the payment voucher to render payment to the CONSULT ANT. Invoices must include CONSULTANT name, address, contract number, date of services, compensation amount. SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perfo~ the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULT ANT represents that it, its employees and subconsultants, if permitted, 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 of the services to be furnished by CONSULT ANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of 2 Professional Services Rev. April 27, 2016 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. CONSULT ANT 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. CONSULT ANT 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, CONSULT ANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of CITY's stated construction ~udget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT 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 CONSULTANT. It is understood and agreed . that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULT ANT to furnish labor and/or materials under this Agreement, shall act as and be an independent CONSULT ANT and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULT ANT are material considerations for this Agreement. CONSULT ANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the CITY manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the CITY manager will be void. SECTION 12. SUBCONTRACTING. CONSULT ANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the CITY manager or designee. CONSULT ANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULT ANT shall be fully responsible to CITY for all acts and omissions of a subcontractor. CONSUL TANT shall change or add subconsultants only with the prior approval of the CITY manager or his designee. · SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Charlie Boeck as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services and as the project coordinator to represent CONSULT ANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute 3 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE project director 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 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 Project or a threat to the safety of persons or property. CITY's project manager is Sharon Eva, Community Services Department, 1305 Middlefield Road, Palo Alto, CA 94303, Telephone (650) 463-4909. The 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 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULT ANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its CONSULTANTs, if any, shall make any of such materials available to any individual or organization without the prior written approval of the CITY Manager or designee. CONSULT ANT makes no representation of the suitability of the work product for ~se in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULT ANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULT ANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, 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 attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULT ANT, its officers, employees, agents or CONSULT ANTs 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 CONSULT ANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 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 4 Professional Services Rev_ April 27, 2016 ocuSign Envelope ID: DB5845F9-34DD-4A01-8627-B2819AOD3BDE survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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 CONSULT ANTs of CONSULT ANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY' s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY' s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULT ANT'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 5 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5845F9-34DD-4A01-8627-B2819AOD3BDE whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULT ANT. Upon receipt of such notice, CONSULT ANT will immediately discontinue its performance of the Services. 19 .2. CONSULT ANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written noti~e thereof to CITY, but only in the event of a substantial failure of performance by the CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the CITY Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its CONSULTANTs, if any, or given to CONSULTANT or its CONSULTANTs, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSUL TANT, CITY will be obligated to compensate CONSULT ANT only for that portion of CONSULT ANT' s services which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. 19.5. 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. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the CITY Clerk CITY of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULT ANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULT ANT 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. 6 Professional Services Rev. April 27, 2016 JCU::SJQO t:nve1ope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE 21.2. CONSULT ANT further covenants that, in the performance of this Agreement, it will not employ subcontractors, Contractors or persons having such an interest. CONSULT ANT 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 Governmeqt Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULT ANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULT ANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULT ANT 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. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred Purchasing policies which are available at CITY' s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULT ANT 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, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CONSULTANT to CITY 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 CONSULT ANT 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 Division's office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULT ANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. 7 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULT ANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the CITY, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULT ANT 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 25.l. This Agreement is subject to the fiscal provisions of the Charter of the CITY of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS ~ 26.l This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, 'improvement') project of more than $15,000. OR D 26.1 CONSULT ANT is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773 .1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the CITY Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations ("DIR"). Copies of these rates may be obtained at the Purchasing Division's office of the CITY. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. CONSULT ANT shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. 26.2 CONSULT ANT shall comply with the requirements of Exhibit "E" for any contract for public works construction, alteration, demolition, repair or maintenance. 8 Professional Services Rev. April 27, 2016 ocuSign Envelope ID: DB5845F9-34DD-4A01-8627-82819AOD3BDE SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27 .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. 27.3. 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. 27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27 .6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT's proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT's proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.S(d) about a California resident ("Personal Information"), CONSULT ANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform CITY immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULT ANT shall not use Personal Information for direct marketing purposes without CITY's express written consent. 27.10 All unchecked boxes do not apply to this agreement. 9 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5845F9-34DD-4A01-8627-B2819AOD3BDE 27.11 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement 10 Professional Services Rev. April 27, 2016 ocu&rgn Envelope ID: DB5B45F9-3400-4A01-8627-82819AOD38DE CONTRACT No. C17161146 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO TEAM SHEEPER, INC. CITY Manager Ofti ...... 1 .'1Doc:uSlgntd by: By~:e~~- APPROVED AS TO FORM: Name: Tim Sheeper CITY Attorney Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "D": Title: CEO Officer 2 JrDocuSlgnecl by: B~~M~:!~ Name: Carole Hayworth Title: CFO SCOPE OF SERVICES SCHEDULE OF PERFORMANCE COMPENSATION INSURANCE REQUIREMENTS Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5845F9-34DD-4A01-8627-82819AOD3BDE EXHIBIT "A" SCOPE OF SERVICES CONSULT ANT agrees to provide certified swim instructors to teach private and group swim lessons to registered participants in the Palo Alto Recreation Aquatics Program for the CITY. It will be offered at the Jane Lathrop Stanford (JLS) Pool, 480 East Meadow Drive, Palo Alto, CA 94306 and Rinconada Pool, 777 Embarcadero Road, Palo Alto, CA 94301. CONSULTANT SHALL 1. Provide Quality Program a) Conduct the program in a safe manner. b) Provide a Certified Lifeguard on deck whenever program participants are in water. c) Not allow participants to be in the pool without a Certified Lifeguard present on the pool deck and providing supervision. d) Swim Instructors and Certified Lifeguards are: i. Knowledgeable and experienced in the subject and age group being taught based on the specific training program for lifeguards and swim instructors followed by · CONSULTANT. ii. Reliable and punctual m. Start and end lessons on time iv. Expected to notify their CONSULT ANT Staff supervisor prior to the work shift if running late or unable to attend. CONSULT ANT is responsible for finding a replacement or providing a make-up lesson. v. Organized and prepared to teach at the start of each lesson e) If a lesson is missed by the CONSULT ANT, a make-up lesson is required to be provided by CONSULT ANT during a time that is convenient for the participant i. CONSULTANT is responsible for contacting participants to reschedule or make-up the lesson(s). f) At the end of each lesson the CONSULT ANT will: i. Monitor and ensure participants are picked up by an authorized adult. 11. Keep facility neat by putting away all equipment from pool deck, empty trash cans, pick up trash from pool deck, remove and replace pool covers on appropriate reels after each use. g) Program Evaluations i. CONSULTANT will coordinate with CITY staff to create a single evaluation to be distributed to participants. 11. The last week of lessons, evaluations will be distributed to participants. CONSULT ANT will communicate with participants the importance of completing the evaluation. CONSULT ANT will provide responses to CITY staff. h) Process all registrations for swim lesson program 2. Provide excellent Customer Service a) Build rapport with customers by greeting all participants and parents and create a welcoming and professional atmosphere. 2 Professional Seivices Rev. April 27, 2016 ocu~rgn t:nve1ope ID: DB5B45F9-34DD-4A01-8627-B2B19AOD3BDE b) Address customer and CITY staff questions and concerns within 24 hours and provide follow-up if needed. 3. Maintain Quality Instructors a) Meet the CITY of Palo Alto background requirements for all employees b) Appear for lessons wearing appropriate attire that is clean, presentable and clearly identified as Team Sheeper, Inc. staff. c) Swim instructors and Certified Lifeguards will not use cell phones during work shifts i.e., while on the pool deck and in front of customers, except in an emergency. d) Provide consistency with quality standards for all instructors 4. Manage administrative tasks a) Take attendance and confirm registration numbers with CITY staff b) If a participant is not on the roster, ask for receipt. If participant is not registered, contact CITY community center front desk staff to confirm registration. 5. Maintain Proactive and Consistent Communication with CITY staff a) Communicate problems and isslies immediately with the CITY Aquatics Coordinator via phone, email or in person. b) Inform CITY staff of participant injuries and complete necessary accident reports within 24 hours. Accident forms can be obtained from center staff. c) Respond in a timely manner to emails and phone calls within 24 hours d) Establish and maintain working relationships with CITY staff and customers. CITY staff consists but is not limited to Community Center front desk staff, Aquatics Coordinator, Supervisors, and the Contracts Administration Team. 6. Submit Invoices for payments. Invoices will include: a) CONSULTANT address, b) date, c) invoice number, d) "bill to" information, e) registration numbers, session dates and location, and f) total amount to be paid 7. Adhere to Department's Aquatics Manual Policies and Procedures a) Responsible for knowing the CITY's policies and procedures with regard to private and group lessons (i.e. waiting lists, cancellation, refund, satisfaction, etc.) b) Instructors are responsible for verifying that only registered participants are permitted to participate in CITY's swim lessons. c) Ensure only swim staff use the pool office. d) Observe and enforce all pool rules. 3 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5845F9-34DD-4A01-8627-82819AOD3BDE CITY SHALL 1. Process all registrations for Swim Camps 2. Provide clean and safe facility for scheduled lessons at Rinconada Pool and a Palo Alto Unified School District Pool to be determined a. Use ofRinconada Lap Pool and Children's Pool will be limited to mutually agreed upon schedules 3. Provide access to a phone line and internet access at Rinconada Pool 4. Oversee program delivery which includes but is not limited to: a. Work with CONSULANT on private and group lessons offerings, cancellations, and customer inquiries/concerns b. Provide support to CONSULT ANT Staff to ensure the success of the class c. Provide essential information to deliver program (rosters, attendance sheets, waiting lists, etc.) 5. Develop and maintain proactive and' consistent communication and rapport with CONSULT ANT a. Respond in a timely manner to emails and phone calls b. Communicate and resolve fssues and c~ncerns immediately 6. Provide excellent customer service to Team Sheeper, Inc. Staff and customers 4 Professional Services Rev. April 27, 2016 ocu:>Jgn t:nvelope ID: DBSB45F9-34DD-4A01-8627-B2819AOD3BDE s Professional Services Rev April 27, 2016 DocuSign Envelope ID: DB5B45F9-34DD-4A01 -8627-82819AOD3BDE EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULT ANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and the CITY so long as all work is completed within the term of the Agreement. CONSULT ANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Scope of services agreement will commence on Monday, March 1, 2017 and expire on Sunday, December 31, 2017. The parties agree that the instruction of swim lessons shall occur over the Spring, Summer and Fall of 2017. Swim lessons shall include: Swim School It goes from April through October on an ongoing basis. Session Based Swim Lessons June 5, 2017 to August 18, 2017 -It includes eleven-one week sessions of swim lessons that include group and private lessons. Swim Camp It will be one week in April. 6 Professional Services Rev. April 27, 2016 ocuSign Envelope ID: DB5845F9-34DD-4A01-8627-82819AOD3BDE EXIIlBIT "C" COMPENSATION A. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses Swim Lessons: • CITY to compensate Team Sheeper Six Dollars ($6) per resident participant per group lesson for up to 9,000 ($54,000) individual group lessons, and o CITY to compensate Team Sheeper Twenty Eight Dollars ($28) per resident participant per private lesson for up to 2,100 ($58,800) private lessons. • Team Sheeper to compensate the CITY of Palo Alto 10% of gross fees paid for swim Lessons and Summer Swim Camps. Not to exceed One Hundred and Thirteen Dollars ($113,000) during the period covering 3/1/17 through 12/31/17. In the event Additional Services are authorized by the CITY, the total compensation for additional services will be at a rate of $25 per hour for regular staff lifeguards, if regular staff lifeguards are not available use of lead or head lifeguards may be provided at a rate of $40 per hour and the total compensation for Additional Services is Not to Exceed Thirty Thousand Dollars($ 30,000.00) during the period covering 3/1/2017 through 12/31/2017. B. ADDITIONAL SERVICES. Additional Services (lifeguards), if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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 in Exhibit "A". C. PAYMENT. The CONSULT ANT will invoice the CITY for payment at the end of each month for services provided. The CONSULT ANT payment voucher will then be submitted to the fiscal section for payment at which point the CITY has 30 working days from the last date of the payment voucher to render payment to the CONSULTANT. Invoices must include CONSULTANT name, address, contract number, date of services, compensation amount. D. CANCELLED LESSONS. (Excluding weather-related cancellations, if applicable) In the event that staff is late or misses a lesson, CONSULT ANT is responsible for contacting participants to reschedule or make-up the lesson(s). E. FACILITY USE. If the CONSULT ANT uses the CITY' s facility for any purpose other than a mutually agreed upon and scheduled class under this agreement, then the CONSULT ANT pays all fees and charges as specified in the current Fees & Charges resolution. 7 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5845F9-34DD-4A01-8627-B2819AOD3BDE BUDGET SCHEDULE NOT TO EXCEED AMOUNT Sub-total Basic Services $113,000.00 Reimbursable Expenses $0.00 Total Basic Services and Reimbursable expenses $113,000.00 Additional Services (Not to Exceed) $30,000.00 Maximum Total Compensation $143,000.00 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULT ANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None ADDITIONAL SERVICES The CONSULT ANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. 8 Professional Services Rev April 27, 2016 ocuSign Envelope ID: DB5845F9-34DD-4A01-8627-82819AOD3BDE EXlllBIT "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 WITII AM BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AW ARD IS CONTINGENT ON COMPLIANCE Willi CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRE MINIMUM LIMITS TYPE OF COVERAGE REQUIREMENT D YES YES YES YES YES YES EACH . OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE •$1,000,000 $1,000,000 AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 ' $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), ' AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. II. CONT ACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www .planetbids.com/portal/portal.cfm?CompanyID=25 569. 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. 9 Professional Services Rev. April 27, 2016 DocuSign Envelope ID: DB5B45F9-34DD-4A01-8627-B2819AOD3BDE B. CROSS LlABILITY THE NAMING OF MORE TI-IAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR TIIAT 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 TIIE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION l. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSUL TANT 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 (IO) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY omER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COiVI/PORT AL/PORT AL.CFM?COMP ANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP 10 Professional Services Rev. April 27, 2016 !Oocu~. 6 SICURIO Certificate Of Completion Envelope Id: DB5B45F934DD4A018627B2B19AOD3BDE Status: Sent Subject: Please DocuSign: C17161146 PSA TEAM SHEEPER-SUMMER 2017 AQUATICS PROGRAM 12282016 FINAL.docx Source Envelope: Document Pages: 20 :ertificate Pages: 5 l\utoNav: Enabled ::nvelopeld Stamping: Enabled Signatures: 2 Initials: 0 nme Zone: (UTC-08:00) Pacific Time (US & Canada) ~ecord Tracking >tatus: Original 12/29/2016 3:47:27 PM )igner Events iim Sheeper lm@teamsheeper.com iecurity Level: Email, Account Authentication None) :1ectronic Record and Signature Disclosure: Not Offered via DocuSign ID: :arole Hayworth :arole@teamsheeper.com iecurity Level: Email, Account Authentication None) :lectronic Record and Signature Disclosure: Not Offered via DocuSign ID: nolly Stump nolly.stump@cityofpaloalto.org :ity Attorney :ity of Palo Alto iecurity Level: Email, Account Authentication None) :lectronic Record and Signature Disclosure: Not Offered via DocuSign ID: lames Keene ames.keene@cityofpaloalto.org )ecurity Level: Email, Account Authentication None) :lectronic Record and Signature Disclosure: Accepted: 4/14/2015 5:40:07 PM ID: 44fe333a-6a81-4cb7-b7d4-925473ac82e3 In Person Signer Events Editor Delivery Events Agent Delivery Events Holder: Kenneth Mullen Kenneth.Mullen@CityofPaloAlto.org Signature Using IP Address: 149.20.89.2 Using IP Address: 50.156.2.62 Signature Status Status Envelope Originator: Kenneth Mullen 250 Hamilton Ave Palo Alto , CA 94301 Kenneth.Mullen@CityofPaloAlto.org IP Address: 199.33.32.254 Location: DocuSign Timestamp Sent: 12/29/2016 3:51 :34 PM Viewed: 12131/2016 10:39:07 AM Signed: 1/3/2017 9:46:21 AM Sent: 1/3/2017 9:46:22 AM Viewed: 1/3/2017 4:23:20 PM Signed: 1/3/2017 4:23:36 PM Sent: 1/3/2017 4:23:37 PM Timestamp Timestamp Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Robert De Geus Robert.DeGues@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Kristen O'Kane Kristen.O'Kane@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Kenneth Mullen kenneth.mullen@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1 /3/2017 4:23:37 PM Electronic Record and Signature Disclosure c:1ec:crornc "ecora ana ;,1gnature u1sc1osure createa on: 10/1/<!013 !!:33:53 AM Parties agreed to: James Keene CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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City of Palo Alto (ID # 7573) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: Legislative Program and Priorities Title: Policy and Services Committee Recommends the City Council Adopt the City's Legislative Program Manual and 2017 Legislative Priorities From: City Manager Lead Department: City Manager Recommendation Staff and the Policy & Services Committee recommend that the City Council adopt the update to the Legislative Program Manual and the 2017 Legislative Priorities. Background Legislative Program Manual The City has a longstanding legislative program to ensure (1) potentially impactful state and federal legislation is identified and analyzed; (2) significant legislation is brought to Council’s attention; and (3) the City’s public policy position is made known to state and federal policymakers. This program is guided by the City’s Legislative Program Manual, last approved by the City Council on February 23, 2015. On November 29th, 2016, the Policy & Services committee unanimously approved staff’s suggestion to update the manual. The new updates: - Strengthen the language regarding the flow of internal communication to state and federal officials - Clarify the role of departments and the City Manager’s Office related to legislation 2017 Legislative Priorities A crucial component of the City’s Legislative Program is the Council-approved legislative priorities. These priorities inform staff and the City’s lobbyists on issues that are (1) important to the City; (2) items that, after consultation with our lobbyists, Council believes are actionable in the legislative session; and (3) could impact City policy or operations. This is a living document, one that upon Council request or approval can change to most accurately reflect the current policy-related circumstances or needs of the City. This document was last updated on June 22, 2015. City of Palo Alto Page 2 On November 29th, 2016, the Policy & Services Committee amended then unanimously approved the updated Legislative Priorities. The updates include: - At the Committee’s direction, the addition of an Active Advocacy section, containing policy areas for direct, proactive advocacy during the year. (This new section draws a distinction between these priorities and “Important” priorities below. Active Advocacy priorities may include specific new legislation the City may seek to initiate through our legislators). - At the Committee’s direction, the replacement of “Top 2017 legislative priorities” language with “Important priorities”. (This change was made to recognize that the City has important priorities, some of which may have little opportunity to be advanced in any given year—Proposition 13 Reform, for example). - A shift in timing from bi-annual to annual updating to align with the state legislative session as well as the Utilities Department’s annual legislative priority setting process. Discussion Staff and the Policy & Services Committee bring this item for approval today given the timing of the state legislative session. On December 5th, 2016, the legislature began its organizing session. On January 4th, 2017, the legislature will formally reconvene. January 20, 2017 is the last day for the submission of bill requests, and all bills must be introduced by February 17, 2017. Attachments: Attachment A: Legislative Program (DOC) Attachment B: 2017 Legislative Priorities (DOC) City of Palo Alto Legislative Program Manual Table of Contents Policy Statement p. 2 General Legislative Priorities p. 2 Annual Legislative Priorities p. 2 Internal Coordination of the Legislative Program p. 2 The Role of the City Council p. 3 The Role of the City Manager's Office p. 3 The Role of City Departments p. 4 Legislative Advocacy p. 5 Lobbying Methods p. 6 Guidelines for Letter Writing p. 8 Procedure for City Council Meetings with Other Elected Representatives p. 8 State Legislative Timeline p. 8 Policy Statement The goals of the City of Palo Alto’s legislative program are to ensure (1) potentially impactful state and federal legislation is identified and analyzed and (2) the City’s public policy positions are made known to legislators. The City will implement the program in a collaborative, transparent manner. When appropriate, the City will take the initiative to seek introduction of new legislation beneficial to Palo Alto. Legislative Program Manual Page 2 General Legislative Priorities 1. Protect local revenue sources and prevent unfunded mandates. Oppose Federal or State legislation, policies and budgets that have negative impacts on services, revenues and costs and do not infringe upon Palo Alto’s ability to draw on local revenue sources. 2. Protect and increase funding for local programs and services. Support County, State and Federal funding for local services by maximizing existing funding levels and seeking new and alternative funding. Promote increases in fund allocation and distribution flexibility. 3. Protect and increase local government discretion over local programs, services, and activities. Annual Legislative Priorities The Annual Legislative Priorities document provides additional direction to the City Council, City staff, and the City’s state and federal legislative advocates on policy issues outside of the General Legislative Priorities. The document is updated and approved in the last quarter of each calendar year, after each state legislative session and prior to the start of a new session. The timing allows staff the ability to communicate any new priorities before the legislature convenes for its next session. Each annual update is drafted after consideration of those City-related policy issues that are current and/or will most likely appear in the following year. Internal Coordination of the Legislative Program 1. Immediately after a department or the City Manager’s Office (CMO) learns of governmental action potentially affecting the City, internal communication and coordination to analyze the action begins. If warranted, a formal City position is developed for recommendation to the City Council or City Manager. Departments are urged to proactively identify legislation of importance to the City. 2. At this juncture, action can proceed in either of two ways: a. If the Council has previously adopted a policy directly relevant to the legislation, or the issue-area is identified either in this document or a relevant Legislative Strategic Initiative, the City Manager's Office may proceed in a number of ways: a. Preparing a position a letter for the Mayor's signature i. See “Signatures on legislative communication” below for exceptions b. Directing the City’s lobbyists to engage with policymakers Legislative Program Manual Page 3 c. Collaborating with industry groups on joint policy efforts d. Meeting/communicating with policymakers and their staff directly e. Testifying at legislative hearings b. If the Council policy, this document, or a relevant legislative priority does not relate to a potentially impactful bill, if the issue is politically controversial or if there is significant local interest in the issue, the proposed legislation is referred to Council for direction. (See Legislative Advocacy) The Role of the City Council The City Council has ultimate responsibility for determining the City’s position on the legislative issues specified in this document and the Legislative Strategic Initiatives. The Council's specific responsibilities include: Through an annual review process, establishing state and federal legislative priorities Meeting with the City's state and federal legislative advocates as needed or desired Determining positions on resolutions proposed for adoption by the League of California Cities and the National League of Cities, as requested Through the City Manager, suggesting areas for staff action concerning legislation Assume an active advocacy role with legislators on behalf of the City. This may include travel to Washington, DC and/or to Sacramento. Any such travel will be consistent with current City travel policies. The Role of the City Manager's Office The City Manager's Office, through the City’s Legislative Manager is the central coordinator of the City's legislative program. The responsibilities and activities of the office include: Ensuring the consistency of legislative policy throughout the City Serving as a clearinghouse and record keeper for all legislation of interest and related legislative activity occurring with the City Coordinating contacts and communications with legislators and staff With Department, evaluating proposed legislation that may affect the City Legislative Program Manual Page 4 Disseminating information on public policy items of interest to departments within the City Providing feedback to departments and/or Council on the progress and staff actions, if any, of legislation of interest Directing and overseeing the City’s lobbyists, including setting priorities for action that are consistent with Council direction Serving as the liaison to the League of California Cities, National League of Cities, and other organizations and jurisdictions concerning legislative activities Coordinating the annual review of legislative positions and preparing the City's legislative platform Coordinating, briefing and providing support to Council members for visits with legislators and policy-related stakeholder meetings The Role of City Departments Active departmental participation is essential to the success of the Legislative Program. Departmental employees are often the subject matter experts who can provide unique insight into issues potentially impacting the City. Responsibilities of the departments include, but are not limited to, the following: Informing the City Legislative Manager of policy issues of importance to the City Designating key contacts within the department or division who are responsible for evaluating legislation and monitoring relevant legislative issues of direct significance to the department Establishing a system within the department for assuring that requests for legislation evaluation are responded to promptly. With the help of the Legislative Manager, drafting letters and providing analysis of legislation Establish mechanisms within the department for accessing direct information on legislation Network with other cities, agencies, professional organizations, etc. to gain background information and broader perspective on legislative issues. Suggest organizations, individuals, publications, and other legislators who may be allies in lobbying the City's position on certain legislation. Become acquainted with the League of California Cities staff person with responsibility for issues related to the department. Working with the City Manager's Office to develop recommendations for the ensuing year's legislative platform and legislative priorities. Legislative Program Manual Page 5 Often, proposed legislation will have the potential for affecting more than one department. Not always will the impact be the same. It is essential that any impact differences be reconciled and a common citywide position determined. The Legislative Manager will work with Departments to reconcile differences. Any meetings or communication with non-local elected officials must be done in a coordinated way to ensure consistency of messaging, accurate record keeping, sharing of resources, and accurate information. Therefore, any department wishing to directly engage with a state legislator or member of Congress shall first work with the CMO’s office on such engagement. Legislative Advocacy The Council is the official voice of the City of Palo Alto and the final authority for determining legislative positions. The process outlined below would likely be followed only for controversial topics. Less controversial topics may go directly to Council. In many instances, due to timing or the nature of the issue, the Mayor may sign a letter supporting, opposing, or providing comments on legislation on behalf of the City without the matter heard before Council. This position would need to be generally consistent with the City's legislative guiding principles or the annually adopted priorities. Process 1. A legislative issue is referred to and agendized for the Policy & Services Committee or City Council 2. Staff generates an informational report for the Policy & Services Committee summarizing the issue. This report will include an analysis of City policy as it relates to the item, if applicable. 3. The Policy & Services Committee reviews, discusses, and votes on the legislative issue 4. If the vote is unanimous, the matter is forwarded to the Council as consent calendar item. If the vote is not unanimous, it is forwarded to Council as an action item. If a timeliness issue exists, the item may be referred directly to Council or to Council without minutes, and a one page executive summary will be provided. If no timeliness issue exists, the item will be referred with minutes in the usual manner. Signatures on Legislative Communication Letters and other communications expressing the City's position on legislation will customarily bear the signature of the Mayor. However, if the legislation's principal impact is on the City’s operating procedures, the communication may be signed by the City Manager. In these instances, it may increase Legislative Program Manual Page 6 the effectiveness of the communication to have it co-signed by the head of the department most directly affected. In order to keep the Council and others informed of all City communications on legislation, copies of the letters will be distributed in the Council agenda packet. Lobbying by City Personnel Any meetings or communication with non-local elected officials must be done in a coordinated way to ensure consistency of messaging, accurate information and record keeping, and sharing of resources. Therefore, any department wishing to directly engage with a state legislator or member of Congress shall first work with the CMO’s office. City Advisory Commissions and Committees City employees who are staff or liaison to Council appointed advisory commissions and committees should encourage those bodies to bring to Council’s attention any proposed legislation for which they recommend a position Lobbying Methods Listed here are a number of ways to inform and persuade legislators and others of the City's position on proposed legislation. Departmental participation in the planning and implementation of many of these activities is important. Departments should inform the City Manager's Office of their interest and suggestions for lobbying bills they have evaluated. Additionally, to ensure smooth coordination and avoid conflicting messages, any employee wishing to engage in any lobbying method shall first communicate with the Legislative Manager. Letters Letters may be drafted for: The authors of proposed legislation. The City's elected representatives in the State Legislature and Congress. The Chair, members, and staff of legislative committees. The Governor or President. Before communicating a support or oppose position in writing, staff should understand that any written position, and the letter itself, may become public and can be immediately used publicly. All records of letters sent will be maintained by the City Manager's Office. If staff intend to draft a letter for CMO approval , the guidelines noted below are helpful. Legislative Program Manual Page 7 Telephone Calls Phone calls are useful for communication with legislative staff regarding the content and implications of bills and for suggesting amendments or language clarifications. However, many committees' rules prevent them from counting phone calls as a legitimate expression of a City's position on a bill. Pro and con positions are recorded only if they are received in writing. Meetings It is the Council's practice to invite legislators representing Palo Alto to an annual meeting to discuss all issues of importance to the City during that legislative session. Councilmembers are encouraged to attend the National League of Cities and League of California Cities conferences and to create and maintain relationships with state and federal officials. Resolutions The Council is sometimes asked to adopt a resolution expressing its position on a bill. Resolutions are frequently sought by organizations as an indication of widespread support for a position, but they are less effective than letters when communicating directly with a legislator. Testimony Testifying in person at a legislative committee hearing provides an opportunity to present the City's position and respond to questions. The City Manager, the Mayor, a Councilmember, or a staff person with particular expertise in a subject area are examples of appropriate speakers. Any City employee wishing to testify shall communicate and coordinate with the Legislative Manager prior to testimony. Editorials Staff members must have approval from the City Manager's Office before submitting editorials to newspapers. Coalitions These alliances are not limited to governmental bodies, but extend to all segments of the broader community that can similarly be affected by the legislation (e.g. business, nonprofit organization, environmental groups, etc). Legislative Program Manual Page 8 Guidelines for Letter Writing Concentrate on the letter content, rather than format. The CMO will produce the final letter, addressing it to the proper legislators or committees and securing the appropriate signature. The process can be expedited if the originating department provides the draft of the letter electronically. In the ‘regarding’ section, indicate the bill number and title that is the subject of the letter. A short concise letter is generally more effective than a lengthy one. If there are many good arguments for supporting or opposing a bill, choose the best ones. Provide specific examples of the impact of the legislation on Palo Alto (e.g. estimated cost or savings, effect upon taxpayers and residents, relationship to the City's policies, programs, charter, etc). If advice is needed on what aspects of the legislation can most successfully be lobbied, or what kind of information is most needed by the legislators, please contact the Legislative Manager for information. Procedure for City Council Meetings with Other Elected Representatives Typically, the Council meets annually with its County, State, and Federal representatives. These meetings are an important component of building legislative relationships and to share issues of importance to Palo Alto. These meetings should be scheduled at the appropriate times during the respective legislative calendars. Staff will schedule these meetings at the direction of the City Manager in coordination with the Council. The City Manager will seek agenda items from the Mayor and Council. Staff from the City Manager's Office will obtain agenda items from Departments and staff in the representative’s office. A meeting agenda and a potential list of topics will be published by City Clerk. State Legislative Timeline A State legislative calendar will be provided annually for planning purposes. Generally, the legislature is in session from December to August. Bills must be introduced by February of each year, and committees must pass bills in May. Page 1 of 3 2017 Legislative Priorities This Legislative Priorities document provides additional information to the City Council, City staff, and the City’s state and federal legislative advocates on policy issues outside of the three General Legislative Priorities contained in the Legislative Program Manual, noted below: 1. Protect local revenue sources and prevent unfunded mandates 2. Protect and increase funding for specific programs and services 3. Protect and increase local government discretion and oppose items that reduce the authority and/or ability of local government to determine how best to effectively operate local programs, services, and activities The legislative priorities below reflect the City’s priorities coupled with current public policy issues affecting local governments. As this document is updated annually, its priorities will change to most accurately reflect the relevant policy issues facing the City. Active Advocacy items A. On a pilot basis, authorize Palo Alto and potentially the surrounding area as a place for autonomous vehicle testing B. Local public employee housing C. Ability to implement a local carbon tax D. At the State level, exempt tipped employees from minimum wage Important Priorities A. Proposition 13 reform, as it relates to ownership transfers of commercial properties B. The long-term stability of CalPERS C. Grant funding for public safety, affordable housing, recycled water and water reuse, homelessness issues, local rail including grade separation, and infrastructure D. Protecting the sales tax base and preventing reductions in the sales tax rate E. Housing mandate reforms to the State Density Bonus law F. Environmental initiatives promoting the use of renewable/low carbon energy with a priority on non-Green House Gas (GHG) emitting energy sources G. Support actions and programs that protect individual privacy In addition to the above, the City places importance on the following: Public Employment and Benefits A. Worker’s compensation: Support reforming State laws to allow for reasonable claims while eliminating abuse and associated costs; oppose action that would increase employer medical costs, promote litigation, or expand coverage to non-work related injuries B. Improve employee access to healthcare benefits, while reducing/controlling costs Page 2 of 3 Public Employment and Benefits, Continued C. Preserve local government’s ability to manage its own employment issues, including employee hiring, evaluating, disciplining, and/or terminating, as well as negotiating collective bargaining agreements with employees’ representatives D. Support increased flexibility in offering employee health, welfare, and wellness services Environmental A. Support reasonable vehicle electrification initiatives B. Support the private funding of a collection program for pharmaceutical waste C. Support a statewide ban on polystyrene containers and packaging materials D. Support the regional improvement of air quality E. Support the development and implementation of efficient and sustainable land use and building practices F. Support programs and policies promoting advanced low emission vehicle technology and alternative fuels G. Reduce airplane noise and its impact on the City while continuing to use every means to get the Federal Aviation Administration to address the City’s concerns H. Advocate for San Francisquito Creek improvements via funding, regulatory relief, and oversight reform I. Support planning and policy development for potential long term water shortages J. Oppose efforts to include residual risk provisions federal flood insurance legislation K. Support federal efforts to provide grants and loan guarantees for water conservation and storage Financial A. Support public policy initiatives that provide additional reimbursements to service providers for the cost of paramedic services to Medicare and Medi-Cal patients at a rate equal to the cost of service B. Seek funding to improve the Palo Alto Airport C. Support the continued deductibility of tax-exempt municipal bonds D. Support federal efforts to allow the operational use of Public, Educational, and Government (PEG) fees E. Support state efforts to impose an escalating carbon tax on businesses to supplement current Cap and Trade efforts F. Support federal legislation allowing for state and local governments to fully capture sales tax revenue on Internet purchases Housing A. Support increased funding for state and federal housing programs, as well as continuing funding for the Community Development Block Grant (CDBG) program Page 3 of 3 Local Control A. Support the right of municipalities to provide internet, and internet-related, utility services B. Oppose any action that preempts local authority or transfers jurisdiction over local programs; C. Reduce the approval requirement to below two-thirds of voters for capital projects. D. Oppose action impacting local decision-making without receiving stakeholder input from local government Regulatory A. Support regulations that are feasible and consistent with city priorities for preserving and improving the city’s water quality B. Encourage agencies to consult with local governments prior to passing regulations affecting localities and regions Technology A. Support net neutrality and related policies Transportation A. Support policies promoting local rail and other local and regional transportation programs and mobility services that reduce single occupancy vehicle trips B. Proactively seek the ability of Cities to enforce a default speed limit for locally-controlled streets and arterials within their jurisdiction CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 9, 2017 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance of the Council of the City of Palo Alto to Update the Fiscal Year 2017 Municipal Fee Schedule to Adjust Development Services Department Fees (FIRST READING: December 12, 2016 PASSED 8-0) This is the second reading of this ordinance which the Council first heard on December 12, 2016 and voted 8-0 to pass with the following Motion. MOTION: Vice Mayor Scharff moved, seconded by Mayor Burt to adopt an Ordinance to update the Fiscal Year 2017 Municipal Fee Schedule to adjust Development Services Municipal Fees, based on the completion of a Cost of Services Study and adjusted by the annual inflator applied to Municipal Fees from Fiscal Year 2016 to Fiscal Year 2017 with the exception of Fees that could impact community events. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return to the Finance Committee with a definition of a ‘Project’ versus maintenance.” MOTION RESTATED: Vice Mayor Scharff moved, seconded by Mayor Burt to adopt an Ordinance to update the Fiscal Year 2017 Municipal Fee Schedule to adjust Development Services Municipal Fees, based on the completion of a Cost of Services Study and adjusted by the annual inflator applied to Municipal Fees from Fiscal Year 2016 to Fiscal Year 2017 with the exception of Fees that could impact community events. Direct Staff to return to the Finance Committee with a definition of a “Project” versus maintenance. MOTION AS AMENDED PASSED: 8-0 ATTACHMENTS: Attachment A: Muni Fee Ordinance (PDF) Department Head: Beth Minor, City Clerk Page 2 Not Yet Approved 1 016 Yang\Dev Services\ 2016-11-21 ORD amending DSD Municipal Fees (Phase I) Ordinance No. ____ Ordinance of the Council of the City of Palo Alto to Update the Fiscal Year 2017 Municipal Fee Schedule to Adjust Development Services Department Fees The City Council of the City of Palo Alto does hereby ORDAIN as follows: SECTION 1. Findings and declarations. A. In 2016, the Development Services Department completed Phase I of a fee study to update fees for services. Due to the timing of the study, fiscal year (FY) 2016 data was used, as it was the most recent data available when the study commenced. B. On June 13, 2016, Council adopted changes to the Fiscal Year 2017 Municipal Fee Schedule, applying a 5.5 percent average salary and benefits adjustment to most City fees. Development Services Department fees were not updated with most other City fees as part of the FY 2017 budget adoption. In addition, the study’s recommended fee levels did not account for the 5.5 percent average increase in the City’s salary and benefits costs. C. On November 15, 2016, the Finance Committee reviewed the fee study and recommended adoption of an ordinance updating Development Services Department fees in accordance with the study’s recommendations, adjusted by the annual salary and benefits adjustment of 5.5 percent. SECTION 2. The Council of the City of Palo Alto adopts the changes to the Municipal Fee Schedule as set forth in Exhibit "1" incorporated here by reference. When effective, such fees shall supersede any prior inconsistent fees charged by the Development Services Department. SECTION 3. The amount of the new or increased fees and charges is no more than necessary to cover the reasonable costs of the governmental activity, and the manner in which those costs are allocated to a payer bears a fair and reasonable relationship to the payer's burden on, or benefits received from, the governmental activity. SECTION 4. Fees in the Municipal Fee Schedule are for government services provided directly to the payor that are not provided to those not charged. The amount of this fee does not exceed the reasonable costs to the City of providing the services. Consequently, pursuant to Art. XIII C, Section l(e)(2), such fees are not a tax. SECTION 5. Effective Date. The fee increases proposed for FY 2017 described in Exhibit A shall become effective no sooner than sixty (60) days from the date of adoption of this ordinance. // 2 016 Yang\Dev Services\ 2016-11-21 ORD amending DSD Municipal Fees (Phase I) SECTION 6. CEQA. The adoption of user fees is exempt from environmental review under the California Environmental Quality Act (CEQA). (See CEQA Guidelines Section 15273.) INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Deputy City Attorney City Manager ____________________________ Director of Development Services ____________________________ Director of Administrative Services FY 2016 Fee Proposed Fee Total Surcharge/(Subsidy)Notes Administration Business Registry Business Registry Fee $50.00 per business $50.00 per business No Change Business Registry fees studied separatelyBuilding Building Permit Fees A. $1.00 - $1,000.00 $69.20 base fee B. $1,000.01 - $2,000.00 $69.20 for the first $1,000.00 plus $5.47 for each additional $100.00 or fraction thereof, to and including $2,000.00 C. $2,000.01 - $25,000.00 $123.91 for the first $2,000.00 plus $25.03 for each additional $1,000.00 or fraction thereof, to and including$25,000.00 D. $25,000.01 - $50,000.00 $699.59 for the first $25,000.00 plus $18.58 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 E. $50,000.01 - $100,000.00 $1,163.98 for the first $50,000.00 plus $12.50 for each additional $1,000.00 or fraction thereof, to and including$100,000.00 F. $100,000.01 - $500,000.00 $1,789.20 for the first $100,000.00 plus $10.03 for each additional $1,000.00 or fraction thereof, to and including$500,000.00 G. $500,000.01 - $1,000,000.00 $5,800.59 for the first $500,000.00 plus $8.52 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 H. $1,000,000.01 and Up $10,058.55 for the first $1,000,000.00 plus $6.72 for each additional $1,000.00 or fraction thereof If valuation exceeds $5,000,000.00, an alternative fee arrangement may be established by the Chief Building Official to achieve full cost recovery I. Building Demolition Permit $320.00 (does not include C&D fees) $407 ($87) J. Commercial Interior Non-Structural Demolition Permit $194.00 (does not include C&D fees) $185 $9 Construction & Demolition Commercial and Multi-Family Projects greater than or equal to $25,000.00 in Valuation1 $238.00 per permit $389 ($151) Single Family and Two Family Projects greater than $25,000.00 and less than $75,000.00 in Valuations1 $80.00 per permit $162 ($82) Single Family and Two Family Projects greater than $75,000.00 in Valuation1 $212.00 per permit $238 ($26) Electrical Permits Base Fee $92.00 per permit $87 $5 New or Remodeled Square Footage $0.11 per square foot $0.02 $0.09 Air Conditioners $29.00 per unit $86 ($57) Air Cooled or Oil Cooled Lighting and/or Power Transformer Each KVA shall be considered as one horsepower and charged for as per motor schedule Delete Not actively charged Conditional Utility Agreement $252.00 each $250 $2 Busway, Power Duct, or Floor Duct Per Foot $0.50 each $71 Each Additional Meter $5.00 each $71 Fixtures, Switches, and Outlets $1.00 each $71 Lighting, Power and/or Control Panel Board, Switchboard Cabinet or Panel $5.00 each $71 Motor $23.00 each $71 Motor Generator $3.00 per KVA $71 Range, Electric Clothes Dryer, or Water Heater $5.00 each $71 Special Circuit (Not Listed Herein)$5.00 each $71 Service Conductor/Switch - Greater than 800 ampre $40.00 each $257 ($217) Service Conductor/Switch - Less than 200 ampre $18.00 each $128 ($110)Service Conductor/Switch - Less than 800 ampre $29.00 each $171 ($142) Temporary Power Pole $56.00 each $71 ($15) Temporary Wiring for Construction $56.00 each $71 ($15) Electrical Permits - Electrical Vehicle Charging Stations Commercial (Level 1 and 2)$370.00 $403 ($33) plus $92.50 for each additional station $78 $14 Commercial (Level 3 and 4)$560.00 $489 $71 plus $140.00 for each additional station $96 $44 Residential (All Types)$160.00 per station DeleteResidential (Level 1 and 2)$177 Add Residential (Level 3)$249 Add DEVELOPMENT SERVICES No change to Valuation Table DSD to complete separate study Restructured to a single flat-fee per permit Converted to a multi-level fee. EXHIBIT 1 FY 2016 Fee Proposed Fee Total Surcharge/(Subsidy)Notes Electrical Permits - Photovoltaic Systems Residential System $311.00 each Delete Residential Systems (less than 10kW)$86 AddResidential Systems (greater than 10kW)$321 Add Commercial System (less than 10 kW)$565.00 each $566 ($1) Commercial System (10kW - 49kW)$850.00 each $850 No Change Commercial System (greater than 49kW)$900.00 each $921 ($21) General & Miscellaneous Fees Address Change $224.00 single address; $376 ($152) $112.00 each additional address $181 ($69)All Other Publications $16.00 each $17 ($1) Construction/Maintenance Vehicles $76.00 per space per week $80 ($4)Electric Service and Safety Inspection $84.00 per hour $159 ($75) Extension of Building Permit or Building Permit Application $56.00 per application $90 ($34) Inspections and Investigations - Outside Normal Business Hours Note: Inspections and investigations outside normal business hours (2- hour minimum).$202.00 per 1.5x OT hour; $385 ($183) $226.00 per 2.0x OT hour $513 ($287) Inspections and Investigations - Unclassified Note: Inspections and investigations for which no fee is specifically indicated (2-hour minimum).$163.00 per hour $240 ($77) Reactivation of Expired Building Permit $168.00 per permit plus Plan Check Fees as applicable $199 ($31) Reactivation of Expired Building Permit - All Others 50% of original Building Permit Fee not to exceed the full cost to perform remaining inspections as determined by the Chief Building Official No Change Reactivation of Expired Building Permit - Final Inspection Only $375.00 or 50% of original Building Permit Fee, whichever is less $267 $108 Real Property Research Fee (1-hour minimum)$127.00 per hour $256 ($129) Records Retention $4.00 per plan sheet $6 ($2) Reinspection Fee - Multi-Family Residential and Non- Residential $308.00 each $297 $11 Reinspection Fee - Single Family Residential $84.00 each secondary inspection type; $233 ($149) $308.00 each primary inspection type $297 $11 Request for Release of Building Plans $45.00 each $80 ($35) Residential Inspection Guidelines Note: Available free online $33.00 each $35 ($2) Green Building Residential - Single Family and Two Family New Construction1 Note: New construction plus additions greater than 1,250 sq. ft. and rebuilds.$677.00 per review Delete New Single Family $1,449 Add Residential - Existing Home Renovations, Rebuilds, and/or Additions Note: Any existing home renovation, rebuilds, and/or additions greater than 250 sq. ft. and less than 1,250 sq. ft. and/or greater than $100,000.00 valuation. $56.00 per review Delete Residential - Multi-Family Renovations or Alterations Note: Renovations or alterations greater than 50% of the existing unit sq. ft. and that include replacement or alteration of at least of the following: HVAC system, building envelope, hot water system, or lighting system. $1,190.00 per review Delete Alterations and additions for single and multifamily < 1,000 sq ft and increases conditioned space $1,158 Add Alterations and additions for single and multifamily > 1,000 sq ft $1,300 Add Residential - Multi-Family New Construction of Three or More Units (attached) $1,190.00 (1-10 units); $1,388.00 (11-24 units); $1,687.00 (25 units ormore)Delete Multi Family New Construction of 3 or More (attached) Units $1,591 Add Multi Family New Construction of < 4 $1,306 Add Non-Residential - New Construction1 Note: New construction plus additions greater than 1,000 sq. ft. and rebuilds.$1,495.00 per review Delete New commercial 1000 - 25,000 SF $1,876 Add New commercial 25,001-50,000 SF $2,160 AddNew commercial >50,000 SF $2,303 Add Non-Residential - Tenant Improvements, Renovations, or Alterations (greater than 5,000 sq. ft) Note: Any existing tenant improvement, renovation, rebuilds, and/or additions greater than 5,000 sq. ft. that include replacement or alteration of at least two of the following: HVAC system, building envelope, hot water system, or lighting system. $976.00 per review Delete Tenant improvements, renovations, or alterations > 5,000 sq ft Note: includes replacement or alteration of at least two of the following: HVAC system, building envelope, hot water system, or lighting system and project value greater than $200,000.$1,591 Add Tenant improvements, renovations or alterations > $200,000 in valuation (and not triggered by a Calgreen Tier) $1,306 Add Non-Residential - Tenant Improvements, Renovations, or Alterations (greater than $100,000 valuation) Note: Any existing tenant improvement, renovation, or alterations greater than $100,000.00 in valuation and/or landscape renovations 21,000 sq. ft. $357.00 per review Delete If the project is over $100,000 Energy Star is required after 12 months of occupancy $737 Add Landscape Plan Review - Single Family Residential $943 NEW Landscape Plan Review - Non-Residential & Multi-Family $1,533 NEW Landscape Inspection $230 NEW Converted to a multi-level fee. Green Building Fees have been updated in accordance with the current Green Building and Energy Ordinance. Necessary to provide services and compliance with the Emergency Building Standards for Outdoor Potable Water FY 2016 Fee Proposed Fee Total Surcharge/(Subsidy)Notes Mechanical Permits Base Fee $92.00 per permit $87 $5 New or Remodeled Square Footage $0.11 per square foot $0.02 $0.09 Flue $5.00 each Delete Furnace and Flue $28.00 each DeleteFurance, Flue, and Associated Ducts $172 Add Boiler (Certified Design)$28.00 each Delete Boilers, Compressors, and Absoprtion Systems: For the installation or relocation of each boiler or compresor up to 30 hp, or each absopration system up to and including 1,000,000 Btu/h $115 Add For the installation or relocation of each boiler or compressor exceeding 30 hp, or each absorption system exceeding 1,000,000 Btu/h $172 Add Air Conditioner or Heat Pump $28.00 each DeleteDuct Outlet $0.50 each Delete Air Handlers up to and including 10,000 cfm $57 Add Exhaust Hood - Kitchen or Industrial $28.00 each Delete Vent Fan (Bath, Dryer, Residential Kitchen)$11.00 each Delete Ventilation and Exhaust $57 Add Fire Damper $5.00 each Delete Miscellaneous For each appliance or piece of equipment regulated by this code, but not classed in other appliance categories, or for which no other fee is listed $57 Add Process Piping System $28.00 each $57 ($29) Process Piping System - Hazardous $56.00 each $137 ($81) Swimming Pool Heater $28.00 each $68 ($40) Evaporative Cooler $28.00 each Delete Not actively chargedPlan Review Fees Additional Plan Review Note: Required by changes, additions, or revisions to plans including Alternative Means and Methods (2-hour minimum). For Elective (3rd party) and over-the-counter reviews (half hour minimum).$191.00 per hour $212 ($21) Certified Access Specialist (CASp) Review/Consultation Actual cost of CASp Consultant plus 15% $276 Building Plan Check 80% of Building Permit fee Elective Plan Check 35% of Building Plan Check fee Fire and Life Safety Plan Check 45% of Building Permit fee Public Works Plan Check 12% of Building Permit fee Zoning Plan Check 30% of Building Permit fee Plumbing Permits Base Fee $92.00 per permit $87 $5 New or Remodeled Square Footage $0.11 per square foot $0.02 $0.09 Plumbing Fixtures $3.00 each Delete Plumbing Fixtures: For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping, and backflow protection therefore)$86 Add Commercial/Industrial Sewer $28.00 each DeleteResidential Sewer $11.00 each Delete Plumbing Fixtures: For each building sewer $137 Add Rain Water System $5.00 each DeleteRain Water Systems $86 Add Water Heater $5.00 each Delete Water Heater, Vent, or Other $103 Add Gas Outlet $5.00 each Delete Radiant Heat Piping System $28.00 each Delete Gas Piping System $205 Add Industrial Waste System $28.00 each Delete Industrial Waste Pretreatment Interceptor (including trap and vent, except kitchen-type grease interceptors functioninga fixture traps)$205 Add Water Piping System or Repair $5.00 each Delete Water Piping Installation, alteration or repair of water piping, water treatment equipment or both.$103 Add Solar Hot Water System Note: Does not include Plan Check fee.$224.00 each $205 $19 Storm Drain System $28.00 each $205 ($177) Swimming Pool $28.00 each $68 ($40) Atmospheric-type Vaccume Breakers $103 New Backflow protective device other than atmospheric-type $205 New Medical Gas Piping Systems $205 New Plumbing Permits - Graywater Systems Clotheswasher System $56.00 each $86 ($30) Complex System $88.00 plus plan review at cost $205 ($117) Simple System $61.00 plus plan review at cost $86 ($25) Restructured to a single flat-fee per permit and re-named to be consistent with ICC permit fee tables Reflective of curent ICC tables and activities for which no other fee currently exists. Plumbing Fees have been updated to reflect current ICC table 114.1 unit fee schedule structure, per California state plumbing code. Mechanical Fees have been updated to reflect current ICC table 114.1 unit fee schedule structure, per California state mechanical code. Restructured to a single flat-fee per permit and re-named to be consistent with ICC permit fee tables No Change to Plan Check Permit Fees FY 2016 Fee Proposed Fee Total Surcharge/(Subsidy)Notes SB 1473 Fee A. $1.00 - $25,000.00 Permit Valuation $1.00 per valuation increment B. $25,001.00 - $50,000.00 Permit Valuation $2.00 per valuation increment C. $50,001.00 - $75,000.00 Permit Valuation $3.00 per valuation increment D. $75,001.00 - $100,000.00 Permit Valuation $4.00 per valuation increment E. Each $25,000.00 Increment or Fraction Thereof Above$100,000.00 Add $1.00 per valuation increment F. Minimum $1.00 minimum Strong Motion Instrument Program Commercial $28.00 per $100,000.00 permit valuation ($0.50 minimum) Residential $13.00 per $100,000.00 permit valuation ($0.50 minimum) Use & Occupancy Permits Certificate of Use and Occupancy $287.00 each Certificate of Use and Occupancy - Replacement $123.00 each SB 1186 Mandated Fee Note: Does not include fees collected by the Fire Department.$1.00 each No Change State mandated Temporary Occupancy Permit - Multi-Family Residential, Non-Residential, and Other Commercial $896.00 each $635 $261 Temporary Occupancy Permit - Single Family Residential and Commercial Tenant Improvement less than 10,000 sq. ft.$375.00 each $470 ($95) Fire Prevention Compliance Fees Emergency Response Fee - Hazmat (PAMC 17.24.050)Up to $1,212.00 for each incident up to 100% cost recovery No ChangeInstallation or Closure Without Approved Plans and/or Permits $275.00 - $813.00 average fee range No Change Documents Emergency Planning Guide $253.00 each No Change Long-term Offsite Document Storage $0.25 per page No Change Microfilm Copy/Print $3.25 per blueprint page; $0.30 per specification/ calculation page No Change Photographs $30.00 first print; $0.55 each additional print No ChangeHazardous Materials Classification Permits Compressed Gas $139.00 annually $369 ($230)Corrosives $139.00 annually $369 ($230) Cryogenic Fluid $139.00 annually $369 ($230)Flammable and Combustible Liquids $139.00 annually $369 ($230) Flammable Gas $139.00 annually $369 ($230) Flammable Solids $139.00 annually $369 ($230) Health Hazard (Liquids & Solids)$139.00 annually $369 ($230) Liquefied Petroleum Gases $139.00 annually $369 ($230)Organic Coatings $175.00 annually $369 ($194) Organic Peroxides $139.00 annually $369 ($230)Ovens - Industrial Baking or Drying $102.00 annually $369 ($267) Oxidizers (Liquids & Solids)$139.00 annually $369 ($230) Oxidizing Gas $139.00 annually $369 ($230) Pyrophoric Gas $139.00 annually $369 ($230) Pyrophoric Materials (Liquids & Solids)$139.00 annually $369 ($230) Pyrotechnical Special Effects Material $29.00 annually $369 ($340) Radioactive Materials $139.00 annually $369 ($230)Refrigeration Equipment $175.00 annually $369 ($194) Spraying/Dipping $175.00 annually $369 ($194)Toxic, Highly Toxic, Moderately Toxic, Health Hazard Gas Note: Includes pesticides, fumigants, and etiologic agents.$139.00 annually $369 ($230) Toxic, Highly Toxic, Moderately Toxic, Health Hazard Materials $139.00 annually $369 ($230)Unstable Reactive Gas $139.00 annually $369 ($230) Unstable Reactive Materials (Liquids & Solids)$139.00 annually $369 ($230) Water Reactive Materials (Liquids & Solids)$139.00 annually $369 ($230) Other Hazardous Materials - Unclassified Note: Inspections and investigations for which no fee is specifically indicated (1-hour maximum).$369 NEW General category to include other hazardous materials not listed above Tire Recapping/Tire Storage $575.00 annually $1,473 ($898) No Change These will be studied separately, with the integration of the Business Registry fee. No Change State mandated No Change State mandated FY 2016 Fee Proposed Fee Total Surcharge/(Subsidy)Notes Hazardous Materials Storage Permits Additional Approvals for Hazardous Materials Storage Permit Note: Additional approval for permit to construct, temporary closure, permanent closure, otherwise modify a hazardous materials storage facility. See CEQA for additional fees. $356.00 per occurrence, plus $800 ($444) $159.00 per hour for time above two hours $523 ($364) Business Plan (HMBP)$256.00 per location annually $523 ($267)Late Fee for Hazardous Materials Storage Permit 25% of total Hazerdous Material permit fee No Change Level I Facility (Includes 1 hr of Inspection Time) Note: Minimal storage as defined by having no hazardous materials over CFC permit amounts as specified in CFC section 105.$264.00 annually per location $369 ($105) Level II Facility (Includes 2 hrs of Inspection Time) Note: Quantities exceeding CFC permit threshold, but less than 50 gal., 500lbs or 200 cu. ft. Category also includes dry cleaning, fixed medical gas, auto or aircraft repair, and service stations.$404.00 annually per location plus other hazardous materials classification permit if applicable $738 ($334) Level III Facility (Includes 4 hours of Inspection Time) Note: Quantities exceed 50 gal. 500lbs, or 200 cu. ft. and not categorized as Level II. $729.00 annually per location plus other hazardous materials classification permit if applicable $1,476 ($747) Petroleum Aboveground Storage Tank (Includes 2hrs of Inspection Time)$593.00 annually $738 ($145) Provisional/6 Month (Includes 2 hrs of Inspection Time)$186.00 plus other hazardous materials classification permit fees if applicable $738 ($552) Inspection Fees Additional Inspection or Resinspection Fee $323.00 for up to 2 hours resinspection, plus $736 ($413) $159.00 per hour (during business hours) $368 ($209) After Hours Inspection Fee Note: Fee for before or after normal business hours; weekends and holidays included. Fee is to be paid in advance of inspection.$165.00 per hour; 4 hour minimum $552 ($387) Care Facility Note: Includes community, child day care and residential care for the elderly (CFC 111.4). Excludes residential elderly care facilities with six or fewer persons.$175.00 annually Delete Not actively charged Care Facility Inspection Including Fire Clearance $73.00 for facilities with 7-14 clients; $368 ($295) $140.00 for facilities with more than 14 clients $736 ($596) Christmas Tree Lot/Pumpkin Patch $175.00 each $368 ($193) $713.00 annually for up to 4 hours; plus $1,534 ($821) $159.00 for each additional hour $368 ($209)Outside Cooking Booths $198.00 each $552 ($354) Standby Fire Watch (Per Person)$159.00 per hour $368 ($209) Use and Occupancy Fire Inspection $148.00 per inspection No Change To be studied separately, with the integration of the Business Registry fee As-Built Plan Check and Additional Work $736 New Implemented to recover costs for activity in which no other permit currently exists Consultations Additional Hours Over Plan Review/Inspection $155.00 each $291 ($136)Changing to a Per Hour fee Alternate Means and Methods Application (2 hr Maximum)$356.00 per application $693 ($337) Appeals to Decisions $159.00 per hour $368 ($209)Consultation Fee $166.00 per hour $368 ($202) Hazardous Materials Data Entry Fee $77.00 per hour; 1 hour minimum Delete Not actively chargedHydrant Flow Fee $165.00 per occurrence $368 ($203) Prior Fee Range was 7-25 clients & 25+ High Rise Building - Certificate of Compliance Note: Certificate of compliance inspection for each high rise building which is required by state law to be inspected and certified annually as meeting minimum compliance with applicable state of California fire and life safety standards for existing high rise buildings (CFC 111.4.3). FY 2016 Fee Proposed Fee Total Surcharge/(Subsidy)Notes Life Safety & Fire Protection Automatic Fire Sprinkler Installation/Modification: 1-19 Sprinkler Heads $356.00 $736 ($380)19+ Sprinkler Heads (Includes Hydrostatic Test), plus additional per head fee $1,626 plus $1.80 per head $4 ($2) Express Fire Protection Plan Check Fee $163.00 per occurrence No Change Fire Alarm System Installation and Modification $356.00 plus $1,028 ($672) $2.00 a device or contact point $22 ($20)Fire and Life Safety Plan Check - Commercial Note: Includes one inspection and reinspection.The Fire and Life Safety Plan Review Fee is 45% of the Building Plan Check Fee and is collected by the Building Division at the time an application of a Building Permit is submitted No Change Fire Protection and Fire Access Plan Review for New Single Family Dwellings or Additions $100.00 each $844 ($744) Underground Fire Service Line Note: Includes 4 hrs of Inspection & 1 hr of Plan Check $356.00 per occurrence $1,764 ($1,408)Previously included one inspection and one reinspection Hydrant/Appliance Installation or Modification $261.00 Delete plus $59.00 per hydrant $184 ($125) Other Automatic Fire Extinguishing System Note: Includes hood and duct, FM 200, Inergen, and C02. If a system has a release panel, Fire Alarm fees apply as well.$356.00 plus $7.25 per nozzle $1,028 ($672) Site Disaster Planning $166.00 per hour $368 ($202)Standpipe System - Wet, Dry, or Combination $208.00 per riser $736 ($528) Temporary Certificate of Occupancy $356.00 per occurrence No Change To be studied separately, with the integration of the Business Registry fee. Verification of Fire Protection System Maintenance and Certification $89.00 annually $83 $6 Food truck permits $184 New Implemented to recover costs for activity in which no other permit currently exists Multifamily dwellings, hotels & motels 4-50 units $368 New 51-100 units $736 NewGreater than 100 units $1,104 New Fire Prevention Inspection of Private Schools $736 NewSpecific Hazard Permits Aerosol Products $102.00 annually $460 ($358) Amusement Buildings $410.00 each $0 Delete Not actively charged Automobile Wrecking Yard or Junk Yard $179.00 annually $0 Delete Not actively charged Bowling Alley and Pin Refinishing Involving the use of Flammable Liquids $179.00 each $1,074 ($895) Candles and Open Flames in Assembly Areas $142.00 annually $368 ($226)Carnivals and Fairs $179.00 each $1,534 ($1,355) Cellulose Nitrate Storage/Nitrate Film $102.00 annually $107 ($5) Combustible Fiber/Material Storage $179.00 annually Delete Not actively charged Confined Space $148.00 annually Delete Not actively charged Dust Producing Devices $126.00 annually Delete Not actively charged Excavate within 10 ft. of Flammable or Combustible Pipeline $88.00 each Delete Not actively charged Explosive or Blasting Agents $102.00 annually Delete Not actively chargedFireworks Display $565.00 each Delete Not actively charged High-piled Combustible Storage $102.00 annually Delete Not actively chargedHot Work (Welding) Operations $179.00 annually $368 ($189)Changing to a one-time feeLiquid or Gas-Fueled Powered Equipment/Generator $88.00 each $368 ($280) Liquid or Gas-Fueled Vehicles or Equipment in Assembly Buildings $103.00 each Delete Not actively charged Magnesium Working $103.00 annually Delete Not actively charged Malls - Covered $103.00 annually $736 ($633) Occupant Load Increase - Temporary Assembly $236.00 each $368 ($132)Open Burning $236.00 each $368 ($132) Open Flame/Flame Producing Devices $88.00 each $368 ($280)Operate a Tank Vehicle to Transport Flammable/Combustible Liquids $102.00 annually $522 ($420)Changing to a per-vehicle feeParade Float $115.00 per hour $369 ($254) Place of Assembly $236.00 per occurrence $738 ($502) Place of Public Assembly - Temporary $236.00 each $368 ($132) Special Events Permit $368 New Implemented to recover costs for activity in which no other permit currently exists Tent or Air Supported Structure Note: Tent or air-supported structure having an area in excess of 200 sq. ft. or canopies in excess of 400 sq. ft. Fee includes a public assembly permit of $125.00 for all tents. $290.00 each $782 ($492) Restructuring to a two-tier fee Restructuring to one per-device fee to be charged in conjunction with the Underground Fire Service Line fee. New Fee and Fee Ranges implemented per State mandate to inspect these facilities CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 9, 2017 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance Amending Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to ban Smoking in Units in Multi-unit Residences and Common Areas, and Make Other Minor Amendments to Smoking Restrictions (Remove Bingo Games as Places and Workplaces Exempt From the City’s Prohibition Against Smoking in Enclosed Places) (FIRST READING: December 5, 2016 PASSED: 8-0) This is the second reading of this ordinance that was first heard by the City Council on December 5, 2016. Below is the Motion and vote. MOTION RESTATED: Council Member Kniss moved, seconded by Vice Mayor Scharff to: A. Approve an Agreement with the County of Santa Clara relating to the administration and enforcement of a Tobacco Retail Permit Program in the City of Palo Alto; and B. Direct Staff to draft an Ordinance amending Chapter 9.14 Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to establish a Tobacco Retail Permit Program; and C. Direct Staff to work with Santa Clara County to remove Santa Clara County Code of Ordinances, Chapter XXlll, Section A 18-370, Subsection (f) 2 from the Palo Alto Ordinance; and D. Adopt an Ordinance amending Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to ban smoking in units in multi-unit residences and common areas, and make other minor amendments to smoking restrictions (remove bingo games as places and workplaces exempt from the City’s prohibition against smoking in enclosed places). MOTION SEPARATED FOR THE PURPOSE OF VOTING MOTION PARTS A-C PASSED: 6-2 Holman, Wolbach no Page 2 MOTION PART D PASSED: 8-0 ATTACHMENTS: Attachment A: Smoking Restrictions for Multi-Family Housing Second Reading (PDF) Department Head: Beth Minor, City Clerk Page 3 *NOT YET APPROVED* 1 150310 sh 0170010 Ordinance No. ______ Ordinance of the Council of the City of Palo Alto Amending Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to Establish New Smoking Restrictions for Multi- Family Housing The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: (a) That the adoption of this Ordinance is necessary to protect the public health, safety and welfare for the reasons set forth in section 9.14.005. The purposes of this Ordinance are to ban smoking in multi-unit housing in order to reduce the risks of second hand smoke and vapor, reduce litter, and enhance enjoyment of these areas. SECTION 2. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended to read as follows: Chapter 9.14: Smoking and Tobacco Regulations 9.14.005 Purpose. The purpose of this Chapter is to: (a) Protect the public health, safety and general welfare by prohibiting smoking and use of electronic smoking devices in multi-unit housing, public parks, public places, service locations, city pool cars, child day care facilities, and unenclosed eating establishments. (b) Ensure a cleaner and more hygienic environment within the city, reduce litter, and protect the City's natural resources, including creeks and streams. (c) Enhance the welfare of residents, workers, and visitors by reducing exposure to second hand smoke, which studies confirm can cause negative health effects in non-smokers. (d) Balance the needs of persons who smoke with the needs of nonsmokers, including children and youth, to be free from the discomforts and health threats created by exposure to second-hand smoke and vapor. 9.14.010 Definitions. The following words and phrases, whenever used in this chapter shall be construed as defined in this section: (a) “Adjacent Unenclosed Property” means any Unenclosed Area of property, publicly or privately owned, that abuts a Multi-Unit Residence *NOT YET APPROVED* 2 150310 sh 0170010 (ab) "Bar" means an area which is devoted to serving alcoholic beverages and in which serving food is only incidental to the consumption of such beverages. "Bar" shall include bar areas within eating establishments which are devoted to serving alcoholic beverages and in which serving food is only incidental to the consumption of such beverages. (bc) ”City car" means any truck, van or automobile owned by the city and operated by a city employee. (d)(c) “Commercial Area” means an area, including all publicly owned sidewalks, alleys, parking areas, public places, outdoor dining areas, service areas, etc. within areas zoned in the City’s Comprehensive Plan as regional/community commercial (including Downtown, California Avenue Business District, Town and Country, and Stanford Shopping Center) and Neighborhood Commercial. (e) “Common Area” means every Enclosed Area and every Unenclosed Area of a Multi-Unit Residence that residents of more than one Unit are entitled to enter or use, including, without limitation, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas. (df) "Eating establishment" means a coffee shop, cafeteria, short-order café, luncheonette, sandwich shop, soda fountain, restaurant, or other establishment serving food to members of the public. (eg) “Electronic smoking device” means an electronic and/or battery-operated device that can deliver an inhalable dose of nicotine to the user. “Electronic smoking device” includes any product meeting this definition, regardless of whether it is manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaporizer or any other product name or descriptor. (fh) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit. (gi) "Employee eating place" means any place serving as an employee cafeteria, lunchrooms, lounge, or like place. (hj) "Employer" means any person who employs the services of an individual person or persons. (ik) "Enclosed" means either closed in by a roof and four walls with appropriate openings for ingress and egress or not open to the sky due to a cover or shelter consisting of a tarpaulin, tent structure or other impermeable or semi-permeable materials or fabric. *NOT YET APPROVED* 3 150310 sh 0170010 (l) “Enclosed Area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has: (1) any type of overhead cover, whether or not that cover includes vents or other openings and at least three (3) walls or other physical boundaries of any height, whether or not those boundaries include vents or other openings; or (2) four (4) walls or other vertical boundaries that exceed six (6) feet in height, whether or not those boundaries include vents or other openings. (m) “Landlord” means any Person or agent of a Person who owns, manages, or is otherwise legally responsible for a Unit in a Multi-Unit Residence that is leased to a residential tenant, except that “Landlord” does not include a tenant who sublets a Unit (e.g., a sublessor). (jn) "Motion picture theater" means any theater engaged in the business of exhibiting motion pictures. (o) “Multi-Unit Residence” means property containing two (2) or more Units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities. Multi-Unit Residences do not include the following: (1) a hotel or motel that meets the requirements of California Civil Code section 1940, subdivision (b)(2); (2) a mobile home park; (3) a single-family home; and (4) a single-family home with a detached or attached in-law or second unit (p) “Nonsmoking Area” means any Enclosed Area or Unenclosed Area in which Smoking is prohibited by (1) this chapter or other law; (2) binding agreement relating to the ownership, occupancy, or use of real property; or (3) designation of a Person with legal control over the area. (kq) “Public Event” means events open to the general public, including but not limited to a farmers’ market, parade, craft fair, festival, or any other such event. *NOT YET APPROVED* 4 150310 sh 0170010 (lr) "Public places" means enclosed areas within publicly and privately owned buildings, structures, facilities, or complexes that are open to, used by, or accessible to the general public. Public places include, but are not limited to, stores, banks, eating establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums, enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy facilities), automotive service centers, general business offices, nonprofit entity offices and libraries. Public places further include, but are not limited to, hallways, restrooms, stairways, escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture rooms, buses, or other enclosed places that are open to, used by, or accessible to the general public. (ms) "Service locations" means those enclosed or unenclosed areas open to, used by, or accessible to the general public that are listed below: (1) Bus, train and taxi shelters; (2) Service waiting areas including, but not limited to, ticket or service lines, public transportation waiting areas, and public telephones; (3) Areas within twenty-five feet of the entrance or exit to an enclosed public place, where smoking is prohibited; (4) Areas in dedicated parks or other publicly accessible areas that are within twenty-five feet of bleachers, backstops, or play structures. (nt) "Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation. (ou) "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco. (pv) "Tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental. (qw) "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which-depends upon the insertion of money, whether coin or paper bill, or other thing representative of value, which dispenses or releases a tobacco product and/or tobacco accessories. (x) “Unenclosed Area” means any area that is not an Enclosed Area. *NOT YET APPROVED* 5 150310 sh 0170010 (y) “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes, without limitation, an apartment; a condominium; a townhouse; a room in a senior facility; a room in a long-term health care facility, assisted living facility, or hospital; a room in a hotel or motel; a dormitory room; a room in a single room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. (rz) “Vapor” means aerosol produced from use of an electronic smoking device. (saa) "Workplace" means any enclosed area of a structure or portion thereof used as a place of employment as well as unenclosed workplaces, such as outdoor construction sites. 9.14.020 Smoking prohibited - Enclosed Places. (a) Smoking and the use of electronic smoking devices is prohibited in the Enclosed Areas of the following places within the City of Palo Alto, except in places subject to prohibition on smoking contained in Labor Code section 6404.5, in which case that law applies (1) Workplaces; (2) Public places; (3) Units within Multi-Unit residences; and (4) Common Areas of Multi-Unit residences. The effective date of the smoking prohibition provided in subdivisions (3) and (4) of this Section is January 1, 2018. (b) Any places exempted by the California smoke free workplace law (Labor Code Section 6404.5(d)) are not exempt under this chapter. Smoking is prohibited by this chapter in all places exempted by that State law, except as provided in 9.14.070. 9.14.025 Smoking prohibited - Unenclosed Areas. (a) Smoking and the use of electronic smoking devices in all unenclosed areas defined as Service Locations shall be prohibited, including a buffer zone within 25 feet from any doorway, window, opening, crack, or vent into an Enclosed Area in which Smoking is prohibited, except while the Person Smoking is actively passing on the way to another destination and provided Smoke does not enter any Enclosed Area in which Smoking is prohibited. (b) Smoking and the use of electronic smoking devices is prohibited in unenclosed eating establishments and bars. *NOT YET APPROVED* 6 150310 sh 0170010 9.14.030 Smoking prohibited - City pool cars. Smoking and the use of electronic smoking devices is prohibited in all city cars. 9.14.035 Smoking Prohibited - Public Parks and Public Events. Smoking and the use of electronic smoking devices is prohibited in all parks, including at public events. 9.14.040 Smoking prohibited - Child day care facilities. Smoking is prohibited in a private residence which is licensed as a child day care facility within the meaning of Health and Safety Code Section 1596.750 and Section 1596.795 and amendments. 9.14.045 Smoking prohibited – Commercial Areas and Public Events. Smoking and the use of electronic smoking devices is prohibited in commercial areas, except places where smoking is already prohibited by state or federal law, in which case those laws apply. This prohibition includes public events held on public streets. A shopping center or commercial areas may establish a designated smoking area that is at least 25 feet away from any openings and includes receptacles to control litter. 9.14.050 Smoking Prohibited - Outdoor Common Areas of all Multi Unit Residences. Smoking and the use of electronic smoking devices is prohibited in Outdoor Common Areas of all Multi-Unit Residences, provided, however, that a Person with legal control over a Common Area may designate a portion of the Unenclosed Area of the Common Area as a designated smoking area if the area meets the following criteria: (1) Must be an Unenclosed Area; (2) Must be at least twenty-five (25) feet from Unenclosed Areas primarily used by children and Unenclosed Areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses; (3) Must be at least twenty-five (25) feet in any direction from any operable doorway, window, opening or other vent into an Enclosed Area that is located at the Multi-Unit Residence and is a Nonsmoking area; (4) Shall have a clearly marked perimeter; (5) Shall have a receptacle for cigarette butts that is emptied and maintained, and (6) Shall be identified by conspicuous signs. / / / / *NOT YET APPROVED* 7 150310 sh 0170010 9.14.055 Smoking Prohibited - Nonsmoking Buffer Zones. Smoking and the use of electronic smoking devices is prohibited in Adjacent Unenclosed Property within twenty-five (25) feet in any direction of any doorway, window, opening, or other vent into an Enclosed Area of a Multi-Unit Residence. 9.14. 060 Required and Implied Lease Terms for all New and Existing Units in Multi-Unit Residences. (a) Every lease or other rental agreement for the occupancy of a Unit in a Multi-Unit Residence, entered into, renewed, or continued month-to-month, effective January 1, 2018 shall include the following: (1) A clause stating that Smoking is prohibited in the Unit, including exclusive-use areas such as balconies, porches, or patios. a. A clause providing that it is a material breach of the lease or agreement for the tenant, or any other Person subject to the control of the tenant or present by invitation or permission of the tenant, to (i) Smoke in any Common Area of the property other than a designated Smoking area; (ii) Smoke in the Unit, or (iii) violate any law regulating Smoking anywhere on the property. b. A clause providing that it is a material breach of the agreement for tenant or any other Person subject to the control of the tenant to violate any law regulating Smoking while anywhere on the property. Such a clause might state, “It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property.” (2) A clear description of all areas on the property and in the buffer zone where Smoking is allowed or prohibited. (3) A clause expressly conveying third-party beneficiary status to all occupants of the Multi-Unit Residence as to the Smoking provisions of the lease or other rental agreement. Such a clause shall provide that any tenant of the Multi-Unit Residence may sue another tenant/owner to enforce the Smoking provisions of the agreement but that no tenant shall have the right to evict another tenant for a breach of the Smoking provisions of the agreement. (b) Whether or not a Landlord complies with subsection (a) above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection (a) applies and shall become effective as of the earliest possible date on which the Landlord could have made the insertions pursuant to subsections (a). *NOT YET APPROVED* 8 150310 sh 0170010 (c) This chapter shall not create additional liability for a Landlord to any Person for a tenant’s breach of any Smoking provision in a lease or other rental agreement for the occupancy of a Unit in a Multi-Unit Residence if the Landlord has fully complied with this Section. (d) Failure to enforce any Smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself. 9.14.065 Other Requirements And Prohibitions. (a) Every Landlord shall deliver the following, on or before July 1, 2017, to each Unit of a Multi-Unit Residence: (1) a written notice of the new requirements prohibiting smoking in units and common areas as stated in 9.14. 020 (b) As of July 1, 2017, every seller of a Unit in a Multi-Unit Residence shall provide prospective buyers with written notice clearly stating that: (1i) Smoking is prohibited in Units, including any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2018; and (2ii) Smoking is prohibited in all Common Areas, except for specifically designated Smoking areas, as of January 1, 2018. (dc) Clear and unambiguous “No Smoking” signs shall be posted in sufficient numbers and locations in Common Areas where Smoking is prohibited by this chapter or other law. Such signs shall be maintained by the Person or Persons with legal control over the Common Areas. The absence of signs shall not be a defense to a violation of any provision of this chapter. 9.14.060 Reserved.* * Editor's Note: Former Section 9.14.060, Regulation of Smoking in the Workplace, previously codified herein and containing portions of Ordinance Nos. 4056 and 4164 was repealed in its entirety by Ordinance No. 4294. *NOT YET APPROVED* 9 150310 sh 0170010 9.14.070 Exemptions. The following places and workplaces are exempt from Section 9.14.020: (a) Smoking at theatrical production sites is not prohibited by this subsection if the theater general manager certifies that smoking is an essential part of the story and the use of a fake, prop, or special effect cannot reasonably convey the idea of smoking in an effective way to a reasonable member of the anticipated audience. This exception will not apply if minors are performers within the production. (b) Bingo games, consistent with prohibition on smoking contained in Labor Code section 6404.5 and licensed pursuant to the Palo Alto Municipal Code, which do not permit access by minors under eighteen years of age (c)(b) A fully enclosed room in a hotel, motel, other transient lodging establishment similar to a hotel, motel, or public convention center which is being used entirely for a private function and which is not open to the general public, except while food or beverage functions are taking place, including setup, service, and cleanup activities, or when the room is being used for exhibit purposes, sixty-five percent of the guest rooms in a hotel, motel, or similar transient lodging establishment; (d)(c) Tobacco stores with private smokers' lounges meeting the requirements of the applicable portions of subdivision (d)(4) of Labor Code Section 6404.5. 9.14.80 Location of tobacco vending machines. (a) No person shall locate, install, keep or maintain a tobacco vending machine except in a place which under state law is not lawfully accessible to minors. (b) This section shall become effective ninety days after its enactment. Any tobacco vending machine not in conformance with this section upon its effective date shall be removed. 9.14.090 Display of tobacco products for sale. No person shall display or offer tobacco products for sale except in an area, or from within an enclosure, which physically precludes the removal of the tobacco products without the assistance of the person authorizing such display or offer, or an employee of such person. *NOT YET APPROVED* 10 150310 sh 0170010 9.14.100 Posting of signs required. With the exception of service locations, wherever this ordinance prohibits smoking and the use of electronic smoking devices, conspicuous signs shall be posted. Signs of similar size containing the international "no smoking" symbol consisting of a pictorial representation of a burning cigarette and electronic smoking device enclosed in a red circle with a red bar across it may be used in addition to or in lieu of any signs required hereunder. Such signs shall be placed by the owner, operator, manager, or other persons having control of such room, building, or other place where smoking and the use of electronic smoking devices is prohibited. Signs placed at each entrance of buildings in which smoking is totally prohibited shall be sufficient. The absence of signs shall not be a defense to a violation of any provision of this chapter. 9.14.110 Enforcement. Pursuant to Section 6 of Article IV of the Palo Alto City Charter, the city manager is hereby granted authority to enforce the provisions of this chapter and Labor Code Section 6404.5. 9.14.120 Public nuisance. Any violation of this chapter is a public nuisance and may be abated in accordance with Chapter 9.56 of the Palo Alto Municipal Code and/or Code of Civil Procedure Section 731. 9.14.130 Violations. Violation of any provision of this chapter shall be punishable as provided in this code. Violations shall be punishable by the following: (1) An administrative citation and a fine not exceeding $250 for the first violation; (2) An infraction and a fine not exceeding $300 for the second violation (3) An infraction or a misdemeanor and a fine not exceeding $500 for each additional violation within one year SECTION 3. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. *NOT YET APPROVED* 11 150310 sh 0170010 INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Principal City Attorney City Manager ____________________________ Director of Public Works City of Palo Alto (ID # 7611) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: SECOND READING: Housing Impact Fee Ordinance Title: SECOND READING: Adoption of Two Ordinances to Update the City’s Below Market Rate (BMR) Housing Program as Recommended by the Finance Committee: (1) Repealing Municipal Code Section 16.47 (Non-residential Projects) and 18.14 (Residential Projects) and Adding a new Section 16.65 (Citywide Affordable Housing In-lieu Fees for Residential, Nonresidential, and Mixed Use Developments. The Proposed Ordinances are Exempt From the California Environmental Quality Act (CEQA) per Sections 15378(b)(4), 15305 and 15601(b)(3) of the State CEQA Guidelines (FIRST READING: December 12, 2016 PASSED: 5-3 Kniss, Scharff and Wolbach no) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council conduct a second reading and adopt the attached ordinances to amend the City’s Below Market Housing Program and update the housing impact and in-lieu fees. (Attachments A and B). Background On December 12, 2016, the City Council reviewed and adopted (on first reading) two draft ordinances updating the City’s Below Market Rate (BMR) Housing Program (Attachment A) and establishing housing impact fees and housing in-lieu fees for residential, nonresidential and mixed use developments (Attachment B). The staff report from December 12th is available at: http://www.cityofpaloalto.org/civicax/filebank/documents/55042. The ordinance establishing housing impact fees and housing in-lieu fees (Attachment B) has been modified to incorporate the Council’s amendment, which changed the Impact Fee City of Palo Alto Page 2 proposed per Square Foot of Net New Residential Floor Area for Apartments from $50 to $20 in the table on p. 5. If approved, the attached ordinances would become effective in 60 days. Attachments: Attachment A : Below Market Rate Housing Ordinance (PDF) Attachment B: Fee Ordinance (PDF) Not Yet Approved 161122 jb 0131520 1 December 20, 2016 Ordinance No. _____ Ordinance of the City of Palo Alto Repealing Chapter 16.47 (Approval of Projects with Impacts on Housing) and Chapter 18.14 (Below Market Rate Housing Program) of the Palo Alto Municipal Code and Replacing Them with a New Chapter 16.65 (Citywide Affordable Housing Requirements) The City Council of the City of Palo Alto hereby finds and declares as follows: A. Under California Government Code Section 65580(d) all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community. B. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the city. Housing in Palo Alto has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for extremely low, very low and moderate income households, as evidenced by the following findings in the City's 2015-2023 Housing Element: 1. Despite a high median income in Palo Alto, nearly 30 percent of all households overpaid for their housing (more than 30 percent of their income) in 2010; 2. It is estimated that 63 percent of extremely low income renter households and 75 percent of extremely low income owner households overpaid for housing in 2010. Of the estimated 1,520 low income households, 75 percent of renter households and 44 percent of homeowner households paid more than 30 percent of their income for housing. 3. Extremely low, very low and low income households in Palo Alto have almost no affordable housing options without substantial subsidies. For moderate income households, adequately sized and affordable rental housing options are very limited as well. 4. Homeownership is largely beyond the reach of most lower and moderate income households in Palo Alto and low and very low income households have difficulty finding rental properties in Palo Alto. C. As stated in the City of Palo Alto's Housing Element, it is the City's policy to encourage, foster, and preserve diverse housing opportunities for very low, low, and moderate income households. The City can achieve its goals of providing more affordable housing and achieving an economically balanced community only if part of the new housing built in the City is affordable to households with limited incomes. D. In order to meet the needs of moderate households, dwelling units will need to house a variety of household types, incomes, and age groups. E. The affordable housing ordinance codified in this chapter will substantially advance the City's legitimate interest in providing additional housing affordable to all income levels and dispersed Not Yet Approved 161122 jb 0131520 2 December 20, 2016 throughout the City by requiring construction of below-market rate housing and providing funds for housing affordable to very low, low, and moderate income households. F. New market-rate housing creates a demand for affordable housing, because new residents of that housing purchase goods and utilize services in the community, increasing local employment and attracting employees, of whom a quantifiable number will have very low, low, or moderate incomes and cannot afford market-rate housing, as demonstrated in the Residential Impact Fee Nexus Study dated October 2015, prepared by Strategic Economics and Vernazza Wolfe Associates, Inc. G. Because nonresidential projects also attracts employees, of whom a quantifiable number will have very low, low, or moderate incomes, new nonresidential projects similarly increase the demand for and exacerbate the shortage of housing available for people at these income levels, as demonstrated in the Commercial Linkage Fee Nexus Study dated November 2015, prepared by Strategic Economics and Vernazza Wolfe Associates, Inc. H. Construction of market-rate housing and nonresidential projects that do not include affordable units also aggravates the existing shortage of affordable housing by absorbing the supply of available land. I. Based on the findings above, the City desires to further the public health, safety and welfare by requiring residential and nonresidential projects in the City to mitigate their impact on the need for affordable housing in the City. J. This ordinance implements Housing Element Program H3.1.2. In particular, this ordinance: 1. Implements the inclusionary requirements, standards, and price limits contained in Programs H3.1.2(a) and (b); 2. Contains standards for determining the feasibility of on-site BMR units, contains BMR program priorities, and provides standards for alternatives, fractional units, and payment of in-lieu fees as contained in Programs H3.1.2(c), (d), and (e), and after consideration of the possible policy contained in Program H3.1.2(h); 3. Contains provisions for reviewing developer requests that the requirements in the ordinance constitute a taking, consistent with Program H3.1.2(f); 4. Permits smaller or duplex BMR units in new single family residential subdivisions after consideration of the possible policy contained in Program H3.1.2(g); 5. Evaluated and determined not to adopt the policy contained in Program H3.1.2(i); and 6. Completed a nexus study to identify the impact of market rate housing on the need for affordable housing, and developed policies for rental housing based on the results of the study, consistent with Program H3.1.2(j). The nexus study also ensured that commercial developments contribute to affordable housing through the payment of fees (Program H3.1.6). Not Yet Approved 161122 jb 0131520 3 December 20, 2016 Based on the above, the City Council further finds that this ordinance is consistent with the Housing Element and that any minor modifications in specific procedures are intended to better implement the Housing Element’s purpose to “encourage, foster, and preserve diverse housing opportunities for very low, low, and moderate income households.” NOW, THEREFORE, the City Council of the City of Palo Alto, California, hereby ordains as follows: SECTION 1: Chapter 16.47 (Approval of Projects with Impacts on Housing) of the Palo Alto Municipal Code is hereby repealed. SECTION 2: Chapter 18.14 (Below Market Rate Housing Program) of the Palo Alto Municipal Code is hereby repealed. SECTION 3: New Chapter 16.65 (Citywide Affordable Housing Requirements) is hereby added to the Palo Alto Municipal Code to read in full as follows: Chapter 16.65 CITYWIDE AFFORDABLE HOUSING REQUIREMENTS Sections: 16.65.010 Purpose 16.65.020 Definitions 16.65.025 Exemptions 16.65.030 Basic Affordable Housing Requirements – Residential Ownership Projects 16.65.040 Basic Affordable Housing Requirements – Mixed-Use, Nonresidential and Residential Rental Projects 16.65.060 Housing Impact Fee and In-Lieu Fee 16.65.070 Requirements for Residential Projects Containing Ownership and Rental Units and for Mixed Use Projects 16.65.075 Provision of Affordable Units 16.65.080 Alternative Means of Compliance 16.65.090 Application and Review Procedures 16.65.100 Affordable Housing Funds 16.65.110 Administrative Relief 16.65.120 Enforcement Not Yet Approved 161122 jb 0131520 4 December 20, 2016 16.65.010 Purpose. The purposes of this chapter are to: A. Enhance the public welfare by establishing policies to provide affordable housing, meet the City's regional share of housing needs, and implement the goals and objectives of the comprehensive plan and housing element. B. Mitigate the impacts of residential rental and nonresidential projects on the need for affordable housing by imposing a housing impact fee whereby developers of residential rental and nonresidential projects will contribute to the supply of housing for households with very low, low, and moderate incomes. C. Increase funds available to support the preservation and production of new affordable housing in the City of Palo Alto. D. Ensure that developers of new nonresidential square footage provide funding to mitigate the impacts of new employment on the demand for affordable housing. E. Ensure that developers of new market-rate rental housing provide funding to mitigate the impacts of new residents on local employment and the resultant increased demand for affordable housing. F. To create incentives for developers to build new affordable units on- or off-site instead of paying impact fees or in lieu fees. G. To provide affordable housing that serves qualifying Palo Alto residents and those who work in the City. 16.65.020 Definitions. The definitions set forth in this section shall govern the application and interpretation of this chapter. Words and phrases not defined in this section shall be interpreted so as to give this chapter its most reasonable application. A. "Affordable housing agreement" means an agreement in conformance with Section 16.65.090(B) between the City and an applicant, governing how the applicant shall comply with this chapter. B. "Affordable housing guidelines" means the requirements for implementation and administration of this chapter adopted by the planning and community environment director in accordance with Section 16.65.090(D). C. "Affordable housing plan" means a plan containing all of the information specified in and submitted in conformance with Section 16.65.090(A) specifying the manner in which affordable units will be provided in conformance with this chapter and the affordable housing guidelines. D. "Affordable rent" means the total monthly housing expenses for a rental affordable unit not exceeding the rents specified by Section 50053 of the California Health and Safety Code and California Code of Regulations Title 25, Sections 6910-6924. As used in this Chapter, "affordable rent" shall include the total of monthly payments by the tenant for Not Yet Approved 161122 jb 0131520 5 December 20, 2016 all of the following: (1) use and occupancy of the affordable unit and land and all facilities associated with the affordable unit, including but not limited to parking, bicycle storage, storage lockers, and use of all common areas; (2) any additional separately charged fees or service charges assessed by the owner, other than security deposits; (3) an allowance for utilities paid by the tenant as established by the City, including garbage collection, sewer, water, electricity, gas, and other heating, cooking, and refrigeration fuel, but not telephone service or cable TV; and (4) any other interest, taxes, fees or charges for use of the land or affordable unit or associated facilities and assessed by a public or private entity other than the owner, and paid by the tenant. E. "Affordable sales price" means the maximum purchase price that will be affordable to the specified household at the specified income level, calculated in accordance with California Health and Safety Code Section 50052.5. The affordable sales price shall include a reasonable down payment, and monthly housing payments (including interest, principal, mortgage insurance, property taxes, homeowners insurance, homeowners association dues, property maintenance and repairs, and a reasonable allowance for utilities), all as determined by the City. F. "Affordable unit" means a dwelling unit affordable to very low, low, or moderate income households. G. "Applicant" or "developer" means a person, persons, or entity that applies for a residential or nonresidential project and also includes the owner or owners of the property if the applicant does not own the property on which development is proposed. H. "Area median income" or "AMI" means the annual median income for Santa Clara County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision, or as established by the City of Palo Alto in the event that such median income figures are no longer published periodically in the California Code of Regulations. I. "Building permit" includes full structural building permits as well as partial permits such as foundation-only permits. J. "Common ownership or control" refers to property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent (10%) or more of the interest in the property. K. "Commercial housing fund" means a fund or account designated by the City to maintain and account for all monies received from nonresidential project applicants pursuant to this chapter. L. "Decision-making body" means the City staff person or body authorized to approve or deny an application for a planning or building permit for a residential, mixed use or nonresidential project. Not Yet Approved 161122 jb 0131520 6 December 20, 2016 M. "Density bonus units" means dwelling units approved in a residential project pursuant to California Government Code Section 65915 that are in excess of the maximum allowable residential density otherwise permitted by the City of Palo Alto. N. "First approval" means the first of the following approvals to occur with respect to a residential project: planning permit or building permit. O. "Housing impact fee" or "housing fee" means the fee paid by developers of residential and nonresidential projects to mitigate the impacts that such developments have on the demand for affordable housing in the City. P. "Low income households" are those households whose income does not exceed the low income limits applicable to Santa Clara County as defined in California Health and Safety Code Section 50079.5 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, generally households with incomes between fifty percent (50%) and eighty percent (80%) of area median income. Q. "Market rate unit" means a new dwelling unit in a residential project that is not an affordable unit. R. “Mixed use project” means an application for a planning permit or building permit that includes the creation of one or more new dwelling units and the construction of net new gross square footage of non-residential space or the conversion of a residential use to a nonresidential use. S. "Moderate income households" are those households whose income does not exceed the moderate income limits applicable to Santa Clara County as defined in California Health and Safety Code Section 50093 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, generally households with incomes between eighty percent (80%) and one hundred twenty percent (120%) of area median income. T. "Nonresidential project" means an application for a planning permit or building permit that includes the new construction of net new gross square feet of nonresidential space, the conversion of a residential use to a nonresidential use, or the conversion of exempt space (as provided in Section 16.65.025) to non-exempt space. U. "Planning permit" means any discretionary approval of a residential project, including but not limited to a comprehensive or specific plan adoption or amendment, rezoning, tentative map, parcel map, conditional use permit, variances, or architectural review. V. "Residential housing fund" means a fund or account designated by the City to maintain and account for all monies received from residential project applicants pursuant to this chapter. Not Yet Approved 161122 jb 0131520 7 December 20, 2016 W. "Residential ownership project" means any residential project that includes the creation of one or more new dwelling units that may lawfully be sold individually. A residential ownership project also includes the conversion of a residential rental project to a residential ownership project. X. "Residential project" means any development for which a planning permit or building permit is required that includes the creation of one or more new dwelling units, conversion of nonresidential uses to dwelling units, or the conversion of a use from a residential rental project to a residential ownership project. Y. "Residential rental project" means any residential project on property under common ownership and control that creates one or more net new dwelling units that cannot be lawfully sold individually. Z. "Very low income households" are those households whose income does not exceed the very low income limits applicable to Santa Clara County as defined in California Health and Safety Code Section 50105 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, generally households with incomes less than fifty percent (50%) of area median income. 16.65.025. Exemptions. The following development projects are exempt from the provisions of this chapter: A. Residential projects consisting of the construction of one or two units, unless included in a mixed use project. B. Accessory dwelling units. C. Junior accessory dwelling units. D. Places of worship; E. Colleges and universities F. Commercial recreation; G. Hospitals and convalescent facilities; H. Private clubs, lodges, and fraternal organizations; I. Private education facilities; J. Public Facilities; K. Retail service, eating and drinking service, personal service, or automotive service when the total additional service related square footage is 1,500 square feet or less. This exemption shall apply only when the additional square footage of new development does not exceed 1,500 square feet. Not Yet Approved 161122 jb 0131520 8 December 20, 2016 New development that is larger than 1,500 square feet shall pay a fee or otherwise comply with this Chapter for all square footage, including the first 1,500 square feet; L. New gross square footage used for (1) an on-site cafeteria, recreational facility, or day care facility provided for employees or their children and not open to the public; or (2) a hazardous materials storage facility; M. Projects that have established a vested right not to be subject to this chapter; and N. Any nonresidential project otherwise determined to be exempt pursuant to City Council resolution. If a development project is exempt from this Chapter at initial construction, but later converts to a use subject to this Chapter, the converted square footage will be deemed net new square footage or dwelling units, as applicable, subject to the requirements of this Chapter. 16.65.030 Basic Affordable Housing Requirement – Residential Ownership Projects. The provisions of this section shall apply to all residential ownership projects, including the residential ownership portion of any mixed use project containing three or more units, except for any residential ownership project exempt under Section 16.65.025. A. Unless an alternative is approved as described in Section 16.65.080, residential ownership projects shall provide the following: a. For projects on sites of less than five acres, fifteen percent (15%) of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households; b. For projects on sites of five acres or more, twenty percent (20%) of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households; and c. For projects that convert existing rental housing to condominiums, other residential ownership or nonresidential space or that remove existing rental housing, twenty-five percent (25%) of the dwelling units in the project shall be made available at affordable sales price to very low, low, and moderate income households. d. Calculations of the number of affordable units required by this Section shall be based on the number of dwelling units in the residential project, excluding any density bonus units. Projects shall not receive a credit for any existing dwelling units demolished as part of the project. B. The affordable units shall be made available at the following affordable sales prices: 1. For projects subject to subsections 16.65.030(A)(1) and (2), at least two-thirds of the required affordable units must be made available at affordable sales price to households earning eighty percent (80%) to one-hundred percent (100%) of the area median income, and one-third may be made available at affordable Not Yet Approved 161122 jb 0131520 9 December 20, 2016 sales prices to households earning between one-hundred percent (100%) and one-hundred twenty percent (120%) of the area median income. 2. For projects subject to subsection 16.65.030(A)(3), at least four-fifths of the required affordable units must be made available at affordable sales price to households earning eighty percent (80%) to one-hundred percent (100%) of the area median income, and one-fifth may be made available at affordable sales prices to households earning between one-hundred percent (100%) and one- hundred twenty percent (120%) of the area median income. C. When the affordable housing requirements described in this Section result in a fractional unit, an in-lieu payment as specified in Section 16.65.060 may be made for the fractional unit instead of providing an affordable unit, except that, if the project contains thirty (30) or more units, an additional affordable unit shall be provided for each fractional unit of 0.50 or more. The in-lieu fee for a fractional unit shall be calculated as described in the city’s affordable housing guidelines. 16.65.040 Basic Requirement – Mixed Use, Nonresidential and Residential Rental Projects. Unless the mixed use, nonresidential or residential rental project is exempt under Section 16.65.025 or an alternative is approved as described in Section 16.65.080, all mixed use, nonresidential and residential rental projects shall pay housing impact fees as specified in Section 16.65.060 to mitigate the projects’ impacts on the need for affordable housing; except that the residential ownership portion of a mixed use project containing three or more units shall comply with Section 16.65.030. 16.65.060 Housing Impact Fee and In-Lieu Fee. A. Fees. The amount of any housing impact fees and in-lieu fees shall be established from time to time by ordinance or resolution of the City Council. Housing impact fees shall not exceed the cost of mitigating the impact of mixed-use, nonresidential and residential rental projects on the need for affordable housing in the City. B. Fee Payment. Housing impact fees and in-lieu fees, if required, shall be paid prior to issuance of any building permit for a development project subject to this chapter or at a time otherwise specified by City Council ordinance or resolution. 16.65.070 Requirements for Residential Projects Containing Ownership and Rental Units and for Mixed Use Projects A. Residential Projects Containing Ownership and Rental Units. When a residential project includes both ownership and rental dwelling units, the provisions of this chapter that apply to ownership residential projects shall apply to that portion of the development that consists of ownership dwelling units, while the provisions of this chapter that apply to rental residential project shall apply to that portion of the development that consists of rental dwelling units. B. Mixed Use Projects Containing Residential Units. When a mixed use project contains three or more dwelling units, either residential rental or residential ownership, the Not Yet Approved 161122 jb 0131520 10 December 20, 2016 provisions of this chapter that apply to residential ownership and residential rental projects shall apply to those portions of the development that consist of residential ownership or residential rental units, as applicable, while the provisions of this chapter that apply to non-residential projects shall apply to that portion of the development that consists of non-residential uses. When a mixed use project contains fewer than three dwelling units, impact fees shall apply to those units. 16.65.075 Provision of Affordable Units. A. Standards for Affordable Units. 1. Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities must equal those provided in the base model market- rate units. 2. The number of bedrooms and the size of the affordable units shall be comparable to the average number of bedrooms in the market-rate units, except that in a single-family detached development, the decision-making body may allow smaller affordable units or duplex affordable units, if permitted in the zoning district, when this furthers the provision of on-site affordable units. The affordable units shall be reasonably dispersed within the residential project, with unit locations comparable to those of the market-rate units, or, subject to the approval of the Planning and Community Environment director, may be clustered within the residential project when this furthers affordable housing opportunities. 3. The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential project. B. Timing of Construction. The affordable units shall be constructed in proportion to construction of the market-rate units. No building permit shall be issued for any market-rate unit unless a proportional number of building permits have been issued for affordable units, and no certificates of occupancy or final inspections shall be issued for any market-rate units unless a proportional number of certificates of occupancy or final inspections have been issued for affordable units. An alternative phasing plan may be approved as part of the approval of the affordable housing plan described in Section 16.65.090. C. Continued Affordability. 1. All affordable units provided under Section 16.65.030 or Section 16.65.080 shall be subject to a resale restriction, deed of trust, and/or regulatory agreement recorded against the property for execution by the city manager, in a form approved by the city attorney, to ensure the continued affordability of the affordable units. Not Yet Approved 161122 jb 0131520 11 December 20, 2016 2. Notwithstanding Section 18.15.040, to be considered as affordable units under this chapter, all affordable units shall remain affordable to the targeted income group for 99 years, except in the case of affordable housing developments provided as an alternate means of compliance pursuant to Section 16.65.080, the City may authorize a 55 year affordability restriction if required to maintain eligibility for tax credit financing. 3. Any household that occupies an affordable unit must occupy that unit as its principal residence, unless otherwise approved in writing for rental to a third party for a limited period of time due to household hardship, as determined by the City. 4. No household may begin occupancy of an affordable unit until the household has been determined to be eligible to occupy that unit by the City or designee. 16.65.080 Alternative Means of Compliance. The developer of a mixed use, residential or nonresidential project may request an alternate means of compliance, as described in this section, as a component of the affordable housing plan required by Section 16.65.090. A. Provisions Applicable to All Alternatives. The following provisions apply to all alternative means of compliance described in this Section 16.65.080. 1. The applicant shall bear the burden of presenting substantial evidence to support a finding of infeasibility under Section 16.65.080(B) and to support the feasibility of any proposed alternative. The applicant shall set forth in detail the factual and legal basis for any request under this section. 2. Any request under this section shall be submitted to the Planning and Community Environment Director together with an economic analysis, if required, or other supporting documentation and shall be acted upon by the City Council. 3. When the affordable housing alternative results in a fractional unit, fees shall be paid as specified in the affordable housing guidelines for any fractional units. 4. All affordable units shall conform with the provisions of Section 16.65.075. 5. The city council may approve or conditionally approve any alternative set forth in this section if it makes all of the following findings and any additional findings required for the selected alternative: (a) The number of affordable units provided by the alternative equals or exceeds that provided by on-site units or by the payment of impact fees, as applicable to the project; (b) The level of affordability provided by the alternative is the same or lower as provided by on-site units or by the payment of impact fees, as applicable to the project; and Not Yet Approved 161122 jb 0131520 12 December 20, 2016 (c) The alternative is consistent with the comprehensive plan and housing element and the provisions of this chapter. B. Residential Ownership Projects. 1. If the provision of affordable ownership units under Section 16.65.030 is infeasible, an applicant for a residential ownership project may request, in order of priority, to: (a) provide on-site affordable rental units as provided in subsection C below; (b) provide off-site affordable units as provided in subsection D below; (c) dedicate land for affordable housing as provided in subsection D below; (d) rehabilitate and convert existing residences to affordable housing, or preserve existing affordable housing, as provided in subsection E below; or (e) pay the in-lieu fee adopted as described in Section 16.65.060. The applicant must demonstrate that each of the higher priority options is infeasible before the City will consider a lower priority option. 2. For the purposes of this section, "infeasible" means either that: (a) the affordable sales price would be less than the cost of constructing the affordable unit, including financing but excluding all other costs, including land, marketing, improvements, and profit; or (b) provision of the units would produce a confiscatory or unconstitutional result. C. Affordable Rental Units in a Residential Ownership Project or a Residential Rental Project. 1. An applicant for a residential ownership project or a residential rental project may elect to make available dwelling units in the residential project at affordable rent rather than provide on-site for-sale affordable units or pay housing impact fees, as applicable. The city council may by ordinance or resolution specify the percentage and affordability level of rental affordable units that are equivalent to provision of on-site for-sale affordable units or payment of housing impact fees, as applicable. 2. To ensure compliance with the Costa-Hawkins Act (Chapter 2.7 of Title 5 of Part 4 of Division 3 of the Civil Code), the City may approve such a proposal only if the applicant agrees in a rent regulatory agreement with the City to limit rents in consideration for a direct financial contribution or a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. 3. Any rent regulatory agreement for rental units in a residential ownership project shall include provisions for sale of the affordable units and relocation benefits for tenants of the affordable units if the owner of the residential ownership project later determines to offer the affordable units in the residential project for sale to moderate income households at an affordable sales price. D. Dedication of Land and Off-Site Construction of Affordable Units. Not Yet Approved 161122 jb 0131520 13 December 20, 2016 1. The applicant may submit an affordable housing plan that proposes either to dedicate vacant land suitable for affordable housing or to construct affordable units on another site. Two or more applicants may also jointly propose the provision of vacant land suitable for affordable housing or the construction of off-site affordable units on a single site. 2. Construction of the off-site affordable units may not commence prior to the first approval of the residential project, and construction of the off-site units must occur concurrently with construction of the market-rate units in the residential project as described in Section 16.65.075. 3. The city council may approve or conditionally approve the dedication of land or off-site construction if it makes all of the following findings in addition to making the findings in subsection (A)(5) above: (a) Financing or a viable financing plan, which may include public funding, is in place for the off-site affordable units; and (b) The off-site location is suitable for the proposed affordable housing, consistent with any affordable housing guidelines and the Housing Element, and will not tend to cause residential segregation. 4. No building permit shall be issued for any units in the residential project until committed funding is available for the off-site units, or units to be constructed on land to be dedicated. 5. Off-site construction of affordable units does not qualify the residential project for a density bonus or other regulatory incentives allowed by Government Code Section 65915 unless the off-site development includes the dedication of land conforming to the provisions of Section 65915(g). No off-site alternative may be approved by the City if a density bonus or other regulatory incentive is requested for the site on which the affordable housing is to be built. Any off- site alternative must comply with the density, intensity and other development standards that are permitted under the zone for the site. E. Rehabilitation and Conversion of Existing Market-Rate Housing. 1. The applicant may submit an affordable housing plan that proposes the rehabilitation and conversion of existing market-rate housing to affordable housing, or the preservation of existing affordable housing that is not deed restricted as affordable. 2. The market-rate units to be converted to affordable units shall be located in a residential project that is not subject to any existing affordability covenants except covenants restricting other units in the development. 3. The affordable housing plan shall include a plan for long-term financial sustainability of the market-rate units to be converted to affordable units, which Not Yet Approved 161122 jb 0131520 14 December 20, 2016 incorporate, among other things, provisions to accommodate increases in homeowners’ association fees, special assessments and maintenance costs. 4. Any existing tenants in the market-rate units to be converted to affordable units shall be eligible to remain in the units; or the applicant shall provide relocation assistance pursuant to Cal. Gov’t Code §§ 7260 et seq. 5. The city council may approve or conditionally approve the proposal if it makes all of the following findings in addition to making the findings in subsection (A)(5) above: (a) The proposal includes substantial rehabilitation of the existing housing equal to at least 25 percent of the after-rehabilitation value of the property, inclusive of land value, and the units shall be in decent, safe and sanitary condition and in compliance with all codes; (b) Financing or a viable financing plan is in place for the units to be converted to affordable units; and (c) The off-site location is suitable for the proposed affordable housing, consistent with any affordable housing guidelines and the Housing Element, and will not tend to cause residential segregation. 6. No building permit shall be issued for any units in the residential project until regulatory agreements approved by the city have been recorded for the existing units to be converted to affordable housing. F. Mixed Use Projects. An applicant for a mixed use development may submit an affordable housing plan that proposes to mitigate the affordable housing impacts of the non-residential and residential rental portions of the development through any of the options listed above or through on-site provision of affordable units conforming with applicable provisions of Section 16.65.075. In addition to making the findings in subsection (A)(3) above, the city council may approve or conditionally approve such an alternative if it determines, based on substantial evidence, that such alternative will provide equal or greater public benefit than would payment of the housing impact fee. G. Nonresidential Projects. An applicant for a nonresidential development may submit an affordable housing plan that proposes to mitigate the affordable housing impacts of the development through any of the options listed above or through on-site provision of affordable units conforming with applicable provisions of Section 16.65.075. In addition to making the findings in subsection (A)(5) above, the city council may approve or conditionally approve such an alternative if it determines, based on substantial evidence, that such alternative will provide equal or greater public benefit than would payment of the housing impact fee. 16.65.090 Application and Review Procedures. A. Affordable Housing Plan. Not Yet Approved 161122 jb 0131520 15 December 20, 2016 1. All residential ownership projects and any mixed use, residential rental or nonresidential project proposing to provide affordable units under the provisions of Section 16.65.080 shall submit an affordable housing plan concurrently with the application for the first approval of the project. The city shall provide an application form specifying the contents of the affordable housing plan. If an affordable housing plan is required, no application for a first approval the project may be deemed complete until a complete affordable housing plan is submitted. The cost of reviewing any proposed alternative, including but not limited to the cost to the City of hiring a consultant to review the application, shall be borne by the applicant. 2. No affordable housing plan is required for a mixed use, residential rental project or a nonresidential project if the applicant proposes to pay housing impact fees, or if the project is exempt under Section 16.65.025. 3. Any affordable housing plan shall be processed concurrently with all other permits required for the development project. Before approving the affordable housing plan, the decision-making body shall find that the affordable housing plan conforms to this chapter. A condition shall be attached to require recordation of an affordable housing agreement, as described in subsection B of this section below, prior to the approval of any final or parcel map or building permit for the development project. 4. The approved affordable housing plan may be amended prior to issuance of any building permit for the development project. A request for a minor modification of an approved affordable housing plan may be granted by the Planning and Community Environment Director if the modification is substantially in compliance with the original affordable housing plan and conditions of approval. Other modifications to the affordable housing plan shall be processed in the same manner as the original plan. B. Affordable Housing Agreement. 1. Affordable housing agreements acceptable to the city manager or designee and approved as to form by the city attorney shall be recorded against the residential or nonresidential project prior to approval of any final or parcel map, or issuance of any building permit, whichever occurs first, unless the project is required only to pay impact fees. 2. The affordable housing agreement shall specify the number, type, location, size, and phasing of all affordable units, provisions for income certification and screening of potential purchasers or renters of units, and resale control mechanisms, including the financing of ongoing administrative and monitoring costs, consistent with the approved affordable housing plan and any affordable housing guidelines, as determined by the city manager or designee. C. The City Council, by resolution, may establish fees for the ongoing administration and monitoring of the affordable units, which fees may be updated periodically, as required. Not Yet Approved 161122 jb 0131520 16 December 20, 2016 D. The Planning and Community Environment Director may adopt affordable housing guidelines to implement this chapter, and may update those guidelines periodically as required. 16.65.100 Affordable Housing Funds. A. All housing impact fees or other funds collected under this chapter shall be deposited into the City’s Commercial and Residential Housing Funds. B. The monies in the Commercial and Residential Housing Funds and all earnings from investment of the moneys in the Funds shall be expended exclusively to provide housing affordable to very low income, lower income, and moderate income households in the City, consistent with the goals and policies contained in the City’s Housing Element and for administration and compliance monitoring of the affordable housing program. 16.65.110 Administrative Relief. A. As part of an application for the first approval of a residential or nonresidential project, a developer may request that the requirements of this chapter be waived or modified by the city council, based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result. B. The request for a waiver or modification shall set forth in detail the factual and legal basis for the claim. C. Any request for a waiver or modification shall be reviewed and considered at the same time as the project application or any affordable housing plan. D. The waiver or modification may be approved only to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the City Attorney, after adoption of written findings, based on legal analysis and substantial evidence. If a waiver or modification is granted, any change in the project shall invalidate the waiver or modification, and a new application shall be required for a waiver or modification under this section. 16.65.120 Enforcement. A. Penalties. Persons employed in the following designated employee positions are authorized to exercise the authority provided in the California Penal Code Section 836.5 and are authorized to issue citation for violations of this chapter: development services director, director of planning and community environment and their designees. Not Yet Approved 161122 jb 0131520 17 December 20, 2016 B. The city attorney shall be authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, and all other covenants or restrictions placed on affordable units, by civil action and any other proceeding or method permitted by law. C. Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any developer or owner from the requirements of this chapter. No permit, license, map, or other approval or entitlement for a residential project shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied. D. The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION 5: CEQA. This ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section which 15061(b)(3) providing an exemption for administrative actions that do not result in physical changes to the environment; Section 15378(b)(4) providing an exemption for government funding mechanisms which do not involve a commitment to any specific project and Section 15305 (Minor Alterations in Land Use Limitations), a categorical exemption that applies to code amendments that will not have any significant environmental effects. / / / / / / / / / / / / / / / / Not Yet Approved 161122 jb 0131520 18 December 20, 2016 SECTION 6: Public Notice and Effective Date. This Ordinance shall take effect 31 days after its adoption by the City Council or concurrent with Ordinance ___, whichever occurs later. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ _____________________________ Senior Asst. City Attorney City Manager _____________________________ Director of Planning and Community Environment Not Yet Approved Ordinance No. Ordinance of the Council of the City of Palo Alto Establishing Housing Impact Fees and Housing In‐Lieu Fees for Residential, Nonresidential, and Mixed Use Developments The Council of the City of Palo Alto ORDAINS as follows: A. On November 10, 2014 the City Council of the City of Palo Alto adopted its 2015‐ 2023 Housing Element which includes the policy of encouraging, fostering, and preserving diverse housing opportunities and which contemplates, among other things, an amendment of the City's below market rate program to promote this policy and to be consistent with case law related to inclusionary rental housing; and B. To implement the affordable housing goals, policies and programs of the City's 2015‐2023 Housing Element, the City Council has considered and introduced on this same date Ordinance No. repealing Chapters 18.14 and 16.47 of the Palo Alto Municipal Code and adding a new chapter 16.65, Citywide Affordable Housing Requirements (the "Affordable Housing Ordinance"), which provides, among other things, that the City Council shall establish, from time to time, housing impact fees that may be applicable to residential rental projects, mixed use projects, and nonresidential projects and housing in‐lieu fees that may be applicable to residential ownership projects. The Affordable Housing Ordinance further provides that the City Council may specify the percentage and affordability level of rental affordable units that are equivalent to provision of on‐site for‐sale affordable units or payment of housing impact fees. C. To ensure that future development projects mitigate their impact on the need for affordable housing in Palo Alto, and to ensure that any adopted housing impact fees or in‐ lieu fees do not exceed the actual affordable housing impacts attributable to the development projects to which the fees relate, the City Council has received and considered two reports from Strategic Economics and Vernazza Wolfe Associates dated October and November 2015 and entitled "Residential Impact Fee Nexus Study" and "Commercial Linkage Fee Nexus Study", respectively (collectively, the "Nexus Studies"), and the findings of the Nexus Studies are incorporated into this Ordinance by this reference. D. The Nexus Studies use widely used, appropriate methodology to determine the maximum amount needed to fully mitigate the burdens created by residential, nonresidential and mixed‐use development on the need for affordable housing and establish that there is a reasonable relationship between the need for affordable housing and impacts of development for which a fee is charged, and that there is also a reasonable relationship between the impact fee’s use and the type of development for which the fee is charged. E. To ensure that development projects remain economically feasible, the recommended housing impact fees and in‐lieu fees as shown in the attached Exhibit A are 161122 jb 0131543 1 Nov. 28, 2016 2161122 jb 0131543 Nov.28,2016 lower than the maximum amount needed to fully mitigate the burdens created by new development on the need for affordable housing as determined by the Nexus Studies. F. The City Council now desires to adopt housing impact fees and in‐lieu fees for certain residential, nonresidential, and mixed‐use development projects as authorized by the Affordable Housing Ordinance, which fees do not exceed the justified fees needed to mitigate the actual affordable housing impacts attributable to the development projects to which the fees relate, as determined by the Nexus Studies; and further desires to specify the percentage and affordability level of rental affordable units that are equivalent to provision of on‐site for‐ sale affordable units or payment of housing impact fees. The City Council further finds that the housing impact fees for retail, restaurant and other non‐residential uses (excluding hotels, office, medical office and research and development uses) analyzed in the May 2002 Nexus Study and set forth in the 2016‐17 Municipal Fee Schedule are sufficient to mitigate the actual affordable housing impacts attributable to the development projects to which the fees relate. G. The housing in‐lieu fees adopted by this ordinance provide an alternative method for calculating the in‐lieu fees described by Program H3.1.2 of the City's 2015‐2023 Housing Element which, as described in the record, will in most instances provide equivalent or greater total revenue to the Residential Housing Fund. H. In compliance with the Affordable Housing Ordinance, all in‐lieu fees and impact fees collected shall be deposited into the City’s Commercial and Residential Housing Funds to be used only for those purposes included in the Affordable Housing Ordinance. I. At least ten days prior to the date this ordinance is being heard, data was made available to the public indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including general fund revenues, in accordance with Government Code Section 66019. J. At least fourteen days prior to the date this ordinance is being heard, notice was provided to any persons or organizations who had requested notice, in accordance with Government Code Sections 66004 and 66019. K. Notice of the hearing on the proposed fees was published twice in the manner set forth in Government Code Section 6062a as required by Government Code Sections 66004 and 66018. L. The City Council has reviewed the information contained in this Ordinance and the accompanying staff report and all written and oral testimony at a meeting held on , 2016. NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: 3161122 jb 0131543 Nov.28,2016 SECTION 1. The foregoing recitals are true and correct and incorporated by this reference. SECTION 2. The City Council hereby repeals the housing impact and housing in lieu fees contained in the 2016‐2017 Municipal Fee Schedule as adopted by City Council Ordinance 5386. SECTION 3. The City Council hereby amends the Municipal Fee Schedule by adopting housing impact fees and in‐lieu fees for residential ownership development projects, for residential rental development projects, residences in mixed‐use projects, and nonresidential development, as shown on Exhibit "A", attached hereto and incorporated by this reference. SECTION 4. The City Council may review housing impact and in‐lieu fees from time to time. For any annual period during which the City Council does not review the housing impact and in‐lieu fees, fee amounts shall be adjusted in accordance with Chapter 16.64. SECTION 5. As provided in Section 16.65.080(C)(1) of the Affordable Housing Ordinance, the City Council hereby determines that the following percentages of rental affordable units that are equivalent to provision of on‐site for‐sale affordable units or payment of housing impact fees: Required Affordable Rental Units (Where rental alternative requested under 16.65.080(C)) Rental Alternative to For‐Sale Units (Sites Less than 5 Acres)* Rental Residential (no condo map) Income Category Very Low Income Low Income 15% Moderate Income 15% TOTAL 15%15% *Rental alternative equivalents for projects over 5 acres will be subject to Council approval on a case by case basis. SECTION 6. The City has determined that the housing mitigation fees should be adopted and administered consistent with the requirements applicable to fees for public facilities in California Government Code Section 66000 et seq., commonly referred to as the Mitigation Fee Act, without determining that it is required to do so. 4161122 jb 0131543 Nov.28,2016 SECTION 7. Adoption of this ordinance is exempt from the California Environmental Quality Act because the proposed fee increase is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)). SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION 9. This Ordinance shall be effective upon the sixtieth (60th) day after its passage and adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City Manager Director of Planning and Community Environment Director of Administrative Services 5161122 jb 0131543 Nov.28,2016 Not Yet Approved EXHIBIT A Housing Impact Fees and In‐Lieu Fees Residential Projects: " Residential Floor Area" for Single‐Family Detached and Attached Homes includes all horizontal areas of the several floors of such buildings measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, minus the horizontal areas of such buildings used exclusively for parking. Basements shall be included in this measurement when they include livable area. "Residential Floor Area" for Apartments and Condominiums includes all horizontal areas of the several floors of such buildings measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, minus the horizontal areas of such buildings used exclusively for covered porches, patios, or other outdoor space, amenities and common space, parking, elevators, stairwells or stairs between floors, hallways, and between‐ unit circulation. “Net New Residential Floor Area” for Rental Projects (Apartments) means the Residential Floor Area for the net new units. Residential Ownership Projects and Residential Ownership Units in Mixed Use Projects * (For fractional units & where in‐lieu fee approved under 16.65.080(B)) In‐Lieu Fee per Square Foot of Residential Floor Area Single‐Family Detached Home $50 Single‐Family Attached Home $50 Condominiums $50 Residential Rental Projects and Residential Rental Units in Mixed Use Projects* Impact Fee per Square Foot of Net New Residential Floor Area Apartments $5020 *The residential ownership portion of a mixed use project containing three or more units shall comply with Section 16.65.030 unless an alternative means of compliance is authorized under Section 16.65.080(F). The residential rental portion of a mixed use project containing three or more units shall comply with Section 16.65.040 unless an alternative means of compliance is authorized under Section 16.65.080(F). The residential component of mixed use projects containing fewer than three dwelling units shall be subject to the housing impact fees shown in this table. 6161122 jb 0131543 Nov.28,2016 Residential projects may be exempt from payment of housing impact and housing in‐lieu fees as provided in Section 16.65.025. Nonresidential Projects and Nonresidential Square Footage in Mixed‐Use Projects “Nonresidential Floor Area” includes all horizontal areas of the several floors of such buildings measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, minus the horizontal areas of such buildings used exclusively for parking. If no non‐residential use existed on the site within one year prior to the issuance of a building permit for the project, the Housing Impact Fee is calculated by multiplying the Nonresidential Floor Area contained in the project by the relevant Housing Impact Fee. Where another non‐residential use existed on the site within one year prior to the issuance of a building permit for the project, the Housing Impact Fee is calculated by: 1. Multiplying the Nonresidential Floor Area contained in the project by the relevant Housing Impact Fee; 2. Multiplying the Nonresidential Floor Area of the former use by the relevant Housing Impact Fee shown in this table; and 3. Subtracting the amount calculated in Step 2 from the amount calculated in Step 1. Nonresidential Use Housing Impact Fee per Square Foot of Nonresidential Floor Area Hotel $30 Retail, Restaurants and Other Non‐ Residential* Uses $20.37** Office, Medical Office and Research and Development $60 *Hotels and Office, medical office and research and development uses are not included in “other non‐residential uses.” **This rate is carried over from the 2016‐17 Municipal Fee Schedule as analyzed in the May 2002 Nexus Study and adjusted for inflation. Nonresidential projects may be exempt from payment of housing impact fees as provided in Section 16.65.025. City of Palo Alto (ID # 7523) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: Declaration of Weeds a Nuisance Title: Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting February 6, 2017 for a Public Hearing for Objections to Proposed Weed Abatement From: City Manager Lead Department: Fire Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting February 6, 2017 for a Public Hearing for Objections to Proposed Weed Abatement For the 2017 Weed Abatement Cycle Recommendation Staff recommends that Council adopt the attached resolution: 1)Declaring weeds to be a public nuisance; 2)Setting February 6, 2017 for a public hearing on objections to proposed weed abatement; and 3)Directing staff to publish a notice of hearing in accordance with the provisions of the Palo Alto Municipal Code. Background On April 18, 1977, the City Council approved an agreement with Santa Clara County for the administration of weed abatement within the City of Palo Alto. This agreement has reduced the City’s costs and staff time required for administration of weed abatement. For the past 39 seasons, the weed abatement program has been expeditiously carried out by the County Department of Agriculture and Resource Management with results satisfactory to Palo Alto residents. Discussion Palo Alto Municipal Code Chapter 8.08 specifies weed abatement procedures. The chapter requires property owners or occupants to remove certain weeds, as defined in Section 8.08.010 that exist upon their premises, public sidewalks, streets or alleys. It also specifies the procedures to be followed to abate weeds, in the event owners do not remove them. The procedures: City of Palo Alto Page 2 - Resolution of the City Council declaring weeds to be a public nuisance. This resolution sets the time and place for hearing any objections to the proposed weed abatement. - Public Notice. This notice informs property owners of the passage of the resolution and provides that property owners shall remove weeds from their property, or the abatement will be carried out by Santa Clara County (County). The City then publishes a legal advertisement in the local newspaper announcing the date of the public hearing. - Public Hearing. The Council must conduct a public hearing, at which time any property owner may appear and object to the proposed weed destruction or removal. After the City Council hearing and considering any objections the Council may allow or overrule any or all objections. If objections are overruled, the County will be asked to perform the work of destruction and removal of weeds. The action taken by the Council at the January 9, 2017 meeting will set this public hearing date for February 6, 2017. Resource Impact There is no direct fiscal impact of this action to the City. The City of Palo Alto administers the weed abatement program with the County Department of Agriculture and Resource Management with a minimal amount of staff time. All charges for the weed abatement services are included as a special assessment on bills for taxes levied against the respective lots and parcels of land. Such charges are considered liens on these properties. The Weed Abatement Program is a cost recovery program and does not receive funding from City or County general funds. Policy Implications This procedure is consistent with existing City policies. Environmental Review The Santa Clara County Counsel has determined the Weed Abatement Program to be Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308. Attachments: Attachment A: Weed Abatement Setting for Pub Hearing Resolution 1 Resolution No. ____ Resolution of Intention of the Council of the City of Palo Alto Declaring Weeds to be a Nuisance and Setting February 6th, 2017 for a Public Hearing for Objections to Proposed Weed Abatement R E C I T A L S A. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, are anticipated to develop during calendar year 2017 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto sufficient to constitute a public nuisance as a fire menace when dry or are otherwise combustible, or otherwise to constitute a menace to the public health as noxious or dangerous. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, which are anticipated to develop during calendar year 2017 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto, are hereby found and determined to constitute a public nuisance. Such nuisance is anticipated to exist upon some of the streets, alleys, sidewalks, and parcels of private property within the City, which are shown, described, and delineated on the several maps of the properties in said City which are recorded in the Office of the County Recorder of the County of Santa Clara, reference in each instance for the description of any particular street, alley, or parcel of private property being hereby made to the several maps aforesaid, and, in the event of there being several subdivision maps on which the same lots are shown, reference is hereby made to the latest subdivision map. SECTION 2. THEREFORE, IT IS ORDERED that the said public nuisance be abated in the manner provided by Chapter 8.08 of the Palo Alto Municipal Code: IT IS FURTHER ORDERED that a public hearing shall be held on the sixth day of February, 2017 at the hour of 6:00 pm, or as soon thereafter as the matter may be heard, at the Council Chambers of the Civic Center of said City, at which the Council shall hear objections to the proposed weed abatement of such weeds and give any objections due consideration; IT IS FURTHER ORDERED that the Fire Chief of the City of Palo Alto is directed to give notice of the public hearing in the time, manner and form provided in Chapter 8.08 of the Palo Alto Municipal Code. SECTION 3. Unless the nuisance is abated without delay by the destruction and removal of such weeds, the work of abating such nuisance will be done by the County of Santa Clara Department of Agriculture and Resource Management Office on behalf of the City of Palo Alto, and the expenses thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed and removed. 2 SECTION 4. The Santa Clara County, County Counsel has determined the Weed Abatement Program to be categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15308. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Senior Deputy City Attorney City Manager _____________________________ Fire Chief _____________________________ Director of Administrative Services City of Palo Alto (ID # 7615) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: Approving the Issuance of the CMFA 2017 Tax Exempt Loan for International School of Peninsula Title: Adoption of a Resolution of the City Council of the City of Palo Alto Approving the Issuance of the California Municipal Finance Authority 2017 Tax Exempt Loan (International School of the Peninsula) in an Aggregate Principal Amount Not-to-Exceed $7,500,000 From: City Manager Lead Department: Administrative Services RECOMMENDATION 1) Adopt a resolution (Attachment A) approving the issuance of a tax exempt loan by the California Municipal Finance Authority (CMFA) for the benefit of International School of the Peninsula (Borrower). BACKGROUND: The International School of the Peninsula (“ISTP”), a California nonprofit public benefit corporation requested that the CMFA serve as the municipal issuer of a tax exempt loan for the ISTP project in an aggregate principal amount not to exceed $7,500,000. Proceeds from the loan will be used to: (a) finance and refinance all or a portion of the acquisition, construction, improvement and equipping of certain educational facilities located in the City of Palo Alto, California (the “City”) at 151 Laura Lane in the City (the “ISTP Project”) and, in connection therewith, prepay and retire all of the outstanding California Statewide Communities Development Authority Refunding Revenue Bonds (International School of the Peninsula Project) Series 2006, previously issued to finance and refinance all or a portion of the ISTP Project; and (b) pay costs of issuance and certain interest with respect to the Loan, hereinafter defined (such items (a) and (b), collectively, the “Project”). DISCUSSION Since the facilities to be financed with the proceeds of the CMFA’s debt are located within the jurisdiction of the City of Palo Alto, the City has been asked to adopt a resolution (Attachment A) that approves the issuance of the loan by the CMFA for the benefit of ISTP. Local jurisdictional approval of tax exempt loans is required under the Tax Equity and Fiscal Responsibility Act of 1982 (Pub.L. 97–248), also known as TEFRA. City of Palo Alto Page 2 The loan is intended to refinance all of the outstanding California Statewide Communities Development Authority Refunding Revenue Bonds (International School of the Peninsula Project) Series 2006, previously issued to finance and refinance all or a portion of the ISTP Project. The CMFA is a joint exercise of powers authority that the City became a member of on April 14, 2008. The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement. The loan to be issued by the CMFA for the project will be the sole responsibility of the borrower, and the City of Palo Alto will have no financial, legal, moral obligation, liability or responsibility for the project or the repayment of the loan for the financing of the project. All financing documents with respect to the issuance of the loan will contain clear disclaimers that the loan is not the obligation of the City of Palo Alto or the State of California but is to be paid for solely from funds provided by the borrower. The City will in no way become exposed to any financial liability by reason of its membership in the CMFA or loan approval. In addition, participation by the City in the CMFA and the subject loan approval do not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Outside of adopting the required resolution, no other participation or activity of the City or the City Council with respect to the issuance of the loan will be required. Based on the benefits of the project to the Palo Alto community and the lack of any financial obligations on the part of the City, staff recommends that Council approve the attached resolution. RESOURCE IMPACT As stated, the City will incur no financial obligation from approval of the recommendations. ISTP is requesting authority to issue up to $7.5 million in a tax exempt loan through the CMFA. The City will receive a fee for its services when the loan is issued. The City would receive approximately $5,000 if the principal amount of the loan made is the expected $7.5 million. POLICY IMPLICATIONS Actions recommended in this report are consistent with Council’s prior actions in supporting non-profit financings under the TEFRA (e.g., approving tax-exempt financing through the California Municipal Finance Authority for the Stevenson House project, CMR: 184:08). ENVIRONMENTAL REVIEW Action on this item does not constitute a project under Section 21065 of the Public Resources Code. Attachments: City of Palo Alto Page 3 Attachment A: Resolution of the City Council of the City of Palo Alto, California Approving the Issuance of the California Municipal Finance Authority 2017 Tax Exempt Loan NOT YET APPROVED 161215 jb 0131571 Resolution No._______ Resolution of the City Council of the City of Palo Alto, California Approving the Issuance of the California Municipal Finance Authority 2017 Tax Exempt Loan (International School of the Peninsula) in an Aggregate Principal Amount Not To Exceed $7,500,000 for the Purpose of Refinancing the Acquisition, Construction, Improvement and Equipping of Various Educational Facilities for the International School of the Peninsula located in the City of Palo Alto, California And Certain Other Matters Relating Thereto A. Pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), in order to form the California Municipal Finance Authority (the “Authority”) for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness. B. The City of Palo Alto, California (the “City”) is a Member of the Authority. C. The Authority is authorized to make loans and to issue and sell revenue bonds and other evidences of indebtedness for the purpose, among others, of financing or refinancing the construction of capital projects. D. The Authority intends to obtain a loan (the “Authority Loan”) from Boston Private Bank & Trust Company (the “Lender”), the interest with respect to which Authority Loan shall be excluded from income of Lender for federal income tax purposes and exempt from State of California personal income taxes, for the purpose of making a loan to the Corporation (the “Corporation Loan,” and together with the Authority Loan, the “Loan”) for the purpose, among others, of (a) financing and/or refinancing all or a portion of the acquisition, construction, improvement and equipping of certain educational facilities located in the City of Palo Alto, California (the “City”) at 151 Laura Lane in the City (the “ISTP Project”) and, in connection therewith, prepay and retire all of the outstanding California Statewide Communities Development Authority Refunding Revenue Bonds (International School of the Peninsula Project) Series 2006, previously issued to finance and refinance all or a portion of the ISTP Project; and (b) pay costs of issuance and certain interest with respect to the Loan (such items (a) and (b), collectively, the “Project”). E. The owner of the Project will be the Borrower or an affiliate of the Borrower. F. The undertaking of the Loan by the Authority will effect demonstrable savings in interest rate and/or issuance costs which constitute significant public benefits pursuant to the Act. NOT YET APPROVED 161215 jb 0131571 G. The Act and the Agreement require that the local agency within which a project to be financed and/or refinanced with the proceeds of the Loan is located, approves the financing and/or refinancing of the project by the Authority. H. The Authority has requested that the City Council of the City (the “City Council”) approve the financing of the Project by the Authority through the undertaking of the Loan in order to satisfy the approval requirement of the Act and the requirements of the Agreement. I. It is in the public interest and for the public benefit that the City Council approve the undertaking of the Loan by the Authority to finance and/or refinance the acquisition of the Project. NOW, THEREFORE, the Council of the City of Palo Alto hereby RESOLVES as follows: Section 1. The City Council hereby approves the financing and/or refinancing of the acquisition of the Project through the undertaking of the Loan by the Authority and finds that this method of financing will affect the significant public benefits of the type described in Section 6586(a) of the Act, as set forth above. It is the purpose and intent of the City Council that this resolution constitute approval by the City Council of the financing of the Project through the undertaking of the Loan in accordance with the Agreement and the Act. Section 2. The undertaking of the Loan shall be subject to the approval by the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Loan. Section 3. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or to refinance the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 4. The executing officer, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 5. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its bond counsel: Nathan A. Treu, Esq. Squire Patton Boggs (US) LLP 275 Battery Street, Suite 2600 San Francisco, CA 94111 NOT YET APPROVED 161215 jb 0131571 Section 6. This resolution shall take effect immediately upon its passage. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ___________________________ Senior Assistant City Attorney City Manager or Designee ___________________________ Director of Administrative Services City of Palo Alto (ID # 7617) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: 2017 City Council Priority Setting and Annual Retreat Title: Policy and Services Committee Recommends the City Council Review the 2017 City Council Priority Suggestions in Preparation for the Annual Council Retreat and Direct the Mayor to Appoint Council Members to Work With the City Manager in Identifying a Facilitator for a Subsequent Retreat From: City Manager Lead Department: City Manager Recommendation: 1. Receive 2017 City Council Priorities suggestions by reviewing attached documents in preparation for the Annual Priority Setting Retreat scheduled for January 28, 2017. 2. Direct the Mayor to appoint some Council Members to work with City Manager to identify a facilitator for a second, subsequent retreat meeting focused on Council governance and effectiveness. Background On November 29, 2016 and December 14, 2016 the Policy and Services Committee discussed feedback from City Council members and the community regarding priorities for 2017. Attached are the staff reports from the meeting as well as the previously established guidelines which include the definition, purpose, and process for priority setting. Additional attachments include a table indicating feedback from Councilmembers, a potential grouping of the topics from Councilmembers, and copies of community feedback received from Open City Hall, an online civic engagement site. Discussion The Committee discussed the value of holding two retreat meetings. The first meeting, to be held on January 28, 2017, would focus on setting the 2017 Priorities. In the Committee meetings, staff reported that the feedback received from Councilmembers and the community had many similarities to the 2016 Priorities of: The Built Environment: Housing, Parking, Livability, and Mobility Infrastructure Healthy City, Healthy Community City of Palo Alto Page 2 Completion of the Comprehensive Plan 2015-2030 Update Attached to the staff report is a potential grouping of Councilmember feedback. In addition to continuing themes of 2016, financial stability and long term staffing were identified as possible areas of focus for the Council in 2017. The community feedback is summarized in the attached staff reports which, as mentioned, also align with the 2016 priorities, mainly The Built Environment. The Committee also discussed the possibility of second meeting as part of the Annual Retreat. This meeting could be scheduled in February or early March and focus on new member assimilation, governance, Council integration, roles, and protocols for maximizing effectiveness. In this meeting, the Committee felt that use of an outside facilitator to support the Council discussion would be beneficial. The City Manager has been identifying potential facilitators. The Committee agreed that Council should have a role is selecting the facilitator. The Mayor could appoint some Council Members to interview and select a facilitator. Previous Priority Setting retreats have also included reviews of the City Auditor’s Performance Report, the National Citizen Survey, City Council and Executive Leadership Team work plans, hot topics-strategically, and a review the City Council yearly schedule. Council may want to consider these elements in the January 28 retreat planning. Timeline The City Manager will work with the Mayor and Vice-Mayor and other CAO’s as needed in further refinement of the agenda for the Annual Retreat meetings. Resources Impact There is sufficient funding in the Council contingency budget for the facilitator. Staff resources from the Executive Leadership Team and key department staff will also be required. Attachments: Attachment A - Councilmember Feedback 2017 Attachment B - Grouping of Councilmember Feeedback Attachment C - Priority Setting Guidelines Attachment D - 12-14-16 Policy and Services Committee Staff Report Attachment E - 11-29-16 Policy and Services Committee Staff Report Attachment F - Open City Hall Feedback Attachment: A ‐ Summary of City Council Feedback ‐ 2017 Council Priorities Page 1 of 1 Name Priority Area Scharff The Built Environment: Housing, Parking, Livability, and Mobility Infrastructure Healthy City, Healthy Community Completion of the Comprehensive Plan Update Financial health of city Kniss Partnering w Schools Cubberley/ the future (Iconic)Bike bridge Approve one (!) affordable housing project Grade separations. New study (Meaningful) retreat Complete comp plan (really!) Holman • The Built Environment: Housing, Parking, Livability, and Mobility • Healthy City, Healthy Community • Long term staffing strategy (focused resource needs, sustainable funding mechanisms and planning, hiring, retention…) • Living up to City promises / agreements (code enforcement, traffic violations, noise violations, assessing and collecting appropriate fines, adherence to project plans and conditions of approval) Filseth The Built Environment: Housing, Parking, Livability, and Mobility Infrastructure Healthy City, Healthy Community Long Term Financial Stability Dubois The Built Environment: Housing, Parking, Livability, and Mobility Infrastructure Long term staffing strategy (to include hiring, retention, pension and benefits, leveraging technology to increase efficiency) Wolbach Housing Transportation Human and Civil Rights Kou The Built Environment: Housing, Parking, Livability, and Mobility Infrastructure Healthy City, Healthy Community Fine Mobility options (for all ‘users’ of our city) Housing Smart, efficient, experimental city Tanaka Increase City revenue by 50% without new tax increases Underground Caltrain Attachment: B Grouping of City Council Feedback ‐ 2017 Council Priorities Page 1 of 1 Priority Area Tally The Built Environment: Housing, Parking, Livability, and Mobility 9* Infrastructure 4 Healthy City, Healthy Community 4 Completion of the Comprehensive Plan Update 2 Financial Stability 2 Long term staffing strategy 2 Caltrain – underground and grade separation (Infrastructure?) 2 Partnering with Schools (Healthy City, Healthy Community?)1 Cubberley Community Center (Infrastructure?)1 Bike bridge (Infrastructure?) 1 Affordable housing project (The Built Environment?)1 City Council Retreat 1 Living up to City promises / agreements 1 Human and Civil Rights (Healthy City, Healthy Community?) 1 Smart, efficient, experimental city 1 Increase City revenue by 50% without new tax increases 1 *A tally of feedback received from some Councilmembers that indicated Housing, Parking or Mobility as individual priorities. Staff incorporated the individual priorities into The Built Environment. See Attachment A for individual Councilmember feedback. City of Palo Alto City Council Priority Setting Guidelines Approved by City Council: October 1, 2012 Last revised: October 1, 2012 Background The City Council adopted its first Council priorities in 1986. Each year the City Council reviews it’s priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the definition of a council priority, and the Council’s process and guidelines for selection of priorities. Definition A Council priority is defined as a topic that will receive particular, unusual and significant attention during the year. Purpose The establishment of Council priorities will assist the Council and staff to better allot and utilize time for discussion and decision making. Process 1. Three months in advance of the annual Council Retreat, staff will solicit input from the City Council on the priorities to be reviewed and considered for the following year. a. Council members may submit up to three priorities. b. Priorities should be submitted no later than December 1. c. As applicable, the City Manager will contact newly elected officials for their input by December 1. d. The City Clerk will provide timely notice to the public to submit proposed priorities by December 1. The Policy and Services Committee shall recommend to the Council which suggestions if any shall be considered at the City Council retreat. 2. Staff will collect and organize the recommended priorities into a list for Council consideration, and provide to Council no less than two weeks in advance of the retreat. 3. The Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat. Guidelines for Selection of Priorities 1. There is a goal of no more than three priorities per year. 2. Priorities generally have a three year time limit. Attachment A City of Palo Alto City Council Priority Setting Schedule Last Updated: 8/17/2012 Attachment A City of Palo Alto (ID # 7561) Policy and Services Committee Staff Report Report Type: Action Items Meeting Date: 12/14/2016 City of Palo Alto Page 1 Summary Title: 2017 City Council Priorities Title: Discussion and Recommendations for 2017 City Council Priority Setting Process From: City Manager Lead Department: City Manager Recommendation Policy and Services Committee to continue discussions and consider making recommendations to the City Council, in January, on the annual Council retreat and priorities. Background On November 29, 2016, the Committee discussed the priority setting process and ideas regarding the format and structure of the 2017 City Council Retreat. Attached to this report is the November 29, 2016 staff report which includes the 2012 Council approved Priority Setting Guidelines, definitions, community feedback on priorities from October 3, 2016 to November 1, 2016 and further background on the annual process. Also, attached is additional community feedback received from November 2, 2016 to November 29, 2016. Discussion The Committee discussed the retreat and priority setting process with particular attention to the retreat, indicating that for 2017, Council and staff should explore a retreat focus with an expanded discussion beyond just 2017 priorities identification. The discussion included consideration of utilizing a facilitator at a first retreat session focus on organization of the new Council, governance issues, with attention on how to work together as Council and staff most effectively., The Committee discussed possibly a possible two-day retreat and consider a new location such as Foothills Park. The second day (or session) could then be concentrated on the priority setting based on feedback received from Councilmembers and the community. The value of an expanded focus on development of a strategic operational plan also came up. Currently January 28, 2017 and February 4, 2017 are being looked at as possible retreat dates. City of Palo Alto Page 2 Staff is soliciting Councilmember feedback regarding 2017 priorities and will provide the Committee a summary on responses received from Council Members and Council Members Elect on December 14, 2016. Timeline The Committee may make some recommendations regarding the priorities and also recommendations to staff regarding the retreat format, process for selecting a facilitator, etc. January 9, 2017 Council meeting is the target date bringing these matters to Council. Attachments: Attachment A: 11-29-16 Staff Report (PDF) Attachment B: Community Feedback 11-1-16 to 11-29-16 (PDF) City of Palo Alto (ID # 7509) Policy and Services Committee Staff Report Report Type: Action Items Meeting Date: 11/29/2016 City of Palo Alto Page 1 Summary Title: 2017 City Council Priorities Title: Discussion and Recommendations for 2017 City Council Priority Setting Process From: City Manager Lead Department: City Manager Recommendation Policy and Services Committee to discuss and consider making recommendations to the City Council in January on the process to be used at the Annual Retreat to identify the 2017 Council Priorities. Background On October 1, 2012, the City Council approved the Council Priority Setting Guidelines included as Attachment A. The guidelines define a Council priority and lay out the purpose, process and general parameters for annual priority setting. Consistent with these guidelines, the Council established early December as the deadline for Council submitting 2017 priorities to staff. Each year the Policy and Services Committee at its December meeting reviews the priorities suggested and considers making recommendations to the City Council about the process that will be used to identify priorities at the Annual Retreat. As the Council directed, after the submittal period closes, staff is to collect and organize the Council recommended priorities into a list and provide to the Council no later than two weeks in advance of the 2017 Annual Retreat. This year, due to the Policy and Services schedule, staff is bringing the item forward in November. Discussion A Council priority is defined as a topic that will receive particular, unusual and significant attention during the year. The purpose of establishing priorities is to assist the Council and staff to better allot and utilize time for discussion and decision making. There is a goal of no more than three priorities per year and priorities have a three year time limit. City of Palo Alto Page 2 The Policy and Services main focus is to make process recommendations for Council conduct of the priority setting at the retreat. In some years, the Council used the “nominal group voting technique” (dot voting) to work through suggestions and generate a collective recommendation. In recent years, Council Members briefly presented their suggestions and explanations as needed and Council discussion led to relatively easy decisions. The 2012 policy helped add definition and limitations on the priorities. Policy and Services may want to offer some suggestions to staff regarding groupings. Council may wish to amend or modify the recommendations as part of their discussion at the retreat. On January 30, 2016, at the Annual Retreat, Council adopted the following priorities for 2016: The Built Environment: Housing, Parking, Livability, and Mobility Infrastructure Healthy City, Healthy Community Completion of the Comprehensive Plan 2015-2030 Update Input from City Council Staff will provide an At Places Memo on the input received from Councilmembers on recommended priorities. On November 9, after the general election, staff will poll newly elected Councilmembers for their input and include the results in the At Places Memo for Policy and Services consideration. Input from Community In October 3, 2016, the City posted the question, “What are the priorities you would like to see the City Council adopt for 2017?” to its Open City Hall online civic engagement site to solicit input and feedback from the community. As of November 1, 2016 a total of 180 individuals had visited the topic with 68 posting responses. The community is still able to provide feedback on Open City Hall, but below is a summary of comments received to date, and identification of a number of themes that emerged from the responses: Airplane noise Traffic and bike safety, enforcement, parking Infrastructure Public transportation, increase in multimodal options Housing, creating more, affordable, granny units Jobs/housing balance Social equity, community, diversity Long term financial planning Sensible architectural review process Ground floor retail, development cap City of Palo Alto Page 3 Attachment B is the detailed responses from Open City Hall. There were also a number of responses posted on Nextdoor that are also included in Attachment C. As of November 1, 2016 no feedback was received from the community through email, telephone or mail. Timeline Upon the Policy & Services Committee’s approval, staff will forward the recommendation to the City Council in January. Staff will update the January staff report to include any additional community feedback received prior to agenda publication. Upon approval by the City Council in January, staff will publish results in advance of the retreat. At this time, the Council’s 2017 Annual Retreat has not been schedule. Attachments: Attachment A: Priority Setting Guidelines (PDF) Attachment B: Open City Hall 2017 Priorities Comments 11-1-16 (PDF) Attachment C: Nextdoor 2017 Priorities Comments 11-1-16 (PDF) City of Palo Alto City Council Priority Setting Guidelines Approved by City Council: October 1, 2012 Last revised: October 1, 2012 Background The City Council adopted its first Council priorities in 1986. Each year the City Council reviews it’s priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the definition of a council priority, and the Council’s process and guidelines for selection of priorities. Definition A Council priority is defined as a topic that will receive particular, unusual and significant attention during the year. Purpose The establishment of Council priorities will assist the Council and staff to better allot and utilize time for discussion and decision making. Process 1. Three months in advance of the annual Council Retreat, staff will solicit input from the City Council on the priorities to be reviewed and considered for the following year. a. Council members may submit up to three priorities. b. Priorities should be submitted no later than December 1. c. As applicable, the City Manager will contact newly elected officials for their input by December 1. d. The City Clerk will provide timely notice to the public to submit proposed priorities by December 1. The Policy and Services Committee shall recommend to the Council which suggestions if any shall be considered at the City Council retreat. 2. Staff will collect and organize the recommended priorities into a list for Council consideration, and provide to Council no less than two weeks in advance of the retreat. 3. The Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat. Guidelines for Selection of Priorities 1. There is a goal of no more than three priorities per year. 2. Priorities generally have a three year time limit. Attachment A City of Palo Alto City Council Priority Setting Schedule Last Updated: 8/17/2012 Attachment A All Statements sorted chronologically As of November 1, 2016, 10:11 AM Open City Hall is not a certified voting system or ballot box. As with any public comment process, participation in Open City Hall is voluntary. The statements in this record are not necessarily representative of the whole population, nor do they reflect the opinions of any government agency or elected officials. All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? As of November 1, 2016, 10:11 AM, this forum had: Attendees:180 All Statements:68 Hours of Public Comment:3.4 This topic started on October 4, 2016, 4:04 PM. All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 2 of 19 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? Joerg Rathenberg in Crescent Park (registered)October 31, 2016, 10:43 PM The single most important issue is to stop the jet noise from SFO over Palo Alto. If you live in the 1.5 mile corridor under the flight path nothing else really matters, as it makes living here extremely undesirable, unhealthy, and will lead to more people selling their houses to foreign investors who don't care, don't live here, and have no interest in this community. You may think this is an exaggeration, but it's happening already. Name not shown in Crescent Park (registered)October 31, 2016, 4:39 PM I would like to see some really imaginative thinking by the Council and Staff. After all, we are the center of innovation, next to a university known for the same. Here are some ideas: 1. A traffic plan involving a combination of remote parking, jitneys on city streets and connecting neighborhoods with commercial/shopping areas, and street closures. Included in this could be many roundabouts that would speed existing intersection traffic, and a computerized red/green light system that would be responsive to ambient traffic flow. 2. Innovative housing that uses low use space for small apartments, co-living communities, and vertical space above low commercial structures. 3. Research on solar energy generation from black-top streets; this could be a great project with Stanford. 4. Active planning in commercial areas for attractive architecture that is more integrated than the present pattern of glass and concrete inexpensive construction distributed randomly where land is available. (Town and Country is an example of this sort of idea; the new construction downtown is not. 1 Supporter Larry Kavinoky in College Terrace (registered)October 31, 2016, 4:35 PM I would like to see the city immediately increase housing in Palo Alto by finding a way to all existing granny units that are safe, even if not up to Palo Alto code, be encouraged to relieve our housing shortage and thus provide more affordable units. Palo Alto makes exceptions for zoning, height and density for all kinds of "public benefit" reasons. Lets do that type of thing now to begin to alleviate the housing shortage. Gary Gechlik outside Palo Alto (registered)October 31, 2016, 4:30 PM It is important to treat people equally and address real world needs. Right now, there is significant fire risk in the Open Space. Given the recent Loma Fire which destroyed multiple homes, Palo Alto needs to encourage 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 3 of 19 defensible space management. Residents in the Open Space should be encouraged to follow Cal-Fire guidelines of 100 feet of defensible space. More work needs to be done on social equity for families. We have to be realistic and be careful not to substitute abstract goals and a specific agenda for well established and moderated property rights. We also have to be careful to follow federal guidelines, as Palo Alto, like all municipalities often receives matching funds and federal grants. For this reason, a moderate approach by Palo Alto with a goal of service to citizens is the best approach. Anna Wichansky in Green Acres (registered)October 31, 2016, 1:38 PM 1. Decrease traffic, crowding, parking hassles. This means stop new building ASAP. The only things that should be built would be replacements for existing buildings. The reason people used to want to live in Palo Alto was because it had nice residential neighborhoods. I don't think we need another start-up or coffee place or hotel anywhere in Palo Alto. 2. Find a way to decrease the overhead plane noise. It is a reminder day in and day out of how much everything has changed in Palo Alto. No longer quiet even at night. We need to gain some traction over this problem. The big time politicians are not solving the problem; absolutely nothing has changed since they started flying NextGen flightpaths over our heads. 3. Pick up garbage all over the city. Pick it up even if it isn't the city's "jurisdiction". I'm talking about the feeder ramps and bridges to Oregon Expressway, Embarcadero, San Antonio. The same garbage has been laying there for months. If you need to work with Caltrans, do it. It reflects on our city, it's spreading to our local streets, and the city is starting to look like a garbage dump along major thoroughfares. It also fosters an I-Don't-care attitude on regular streets, which I see much more garbage around the schools and parks. If needed organize a citizen clean up day and close the access roads so we can all get out with garbage bags and get rid of this stuff. Joel Davidson in Barron Park (registered)October 31, 2016, 1:13 PM I have been waiting for many years for the city to have city wide wifi. Traffic is getting worse daily. It takes between 15 to 20 minutes to get to 101 or 280 from my house in south Palo Alto near the El Camino. 1 Supporter Sharon Dickson in University South (registered)October 31, 2016, 1:10 PM Infrastructure needs to be very high priority, particularly for pedestrians and cyclists. Many streets and sidewalks still need serious repair. New lighting is inadequate for nighttime walking. The streets are lit, but the sidewalks are in shadow and present trip hazards. Sewers do not adequately drain streets during wet periods. University overpass is way overdue for renovation. Name not shown in Crescent Park (registered)October 31, 2016, 1:02 PM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 4 of 19 The top priority for the City Council should involve addressing the erosion of the quality of life for Palo Alto residents. Palo Alto is no longer a desirable place to live. Two factors that contribute to this erosion should be addressed immediately by the City Council. First, the intolerable and incessant whine of aircraft overhead must be eliminated in order to restore any sense of peace and quality of life to our city! Second, the aggressive takeover of downtown by office buildings and developers has to be stopped. Additionally, the encroachment of employees parking into the surrounding neighborhoods has to be reversed and resident only parking implemented. Our neighborhoods are now parking lots for employees with the consequence of increased traffic and decreased safety. Greed and an aggressive type of competitiveness appear to be the city's values rather than a concern for quality of life for residents. Finally, of course, addressing the yearly threat of flooding would be welcome! 1 Supporter Valerie Stinger in Palo Verde (registered)October 31, 2016, 12:18 PM The 2016 priorities remain unfinished and important. So I wonder if process is as important as priority. I would urge the new council to focus, commit to a planning schedule. For myself, the priorities are housing and transit. How do we accommodate diversity? How do we progress to a transit system, which does not center on automobiles? 1 Supporter Sheri Furman in Midtown/ Midtown West (registered)October 31, 2016, 12:17 PM The 2016 priority “The Built Environment: Housing, Parking, Livability and Mobility” was overly broad and should be redefined into separate priorities, which would help achieve “Livability.” • Transportation: Realistic TMA, require fully parked projects, residential shuttles, strict RPP programs • Housing: Below market housing, Airbnb, ADUs, redefine mixed use to favor housing over retail • Complete the Comprehensive Plan Update and zoning updates (retain office cap, protect ground-floor retail, reduce condition use permit allowances, increase code enforcement) • Infrastructure Geri Spieler in Midtown/ Midtown West (registered)October 31, 2016, 11:55 AM There are many issues for every community, however, for me, an issue not being well addressed is the incessant jet noise over our city. It appears with all the meetings and comments; nothing is being done. Besides being an annoying issue, it is also a health issue. We didn't have this problem several years ago, so how did the FAA get permission to do this without input from the communities that are affected most? 1 Supporter Name not available (unclaimed)October 31, 2016, 11:40 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 5 of 19 I would like to see the only development be parking garages. We have done enough building to last for a lifetime, but without the requisite parking. More development is going to make the traffic unbearable. I would also like to see the city go around and replace all of the dead trees, and trim the dead branches off of other trees. The draught has taken its toll on the trees in town. The roads could use some work too. Many roads need to be repaved. I would like to see our police department patrol the downtown area more closely. Many drivers run through stop signs. Name not shown in Palo Verde (registered)October 31, 2016, 11:17 AM Lower utilities bills. And, yes, I do think those full color flyers that come with my bill are a waste! Shelly Gordon in Green Acres (registered)October 31, 2016, 11:09 AM Consider passing an anti-idling ordinance to help reduce air pollution and improve air quality. More than 40,000 tons of carbon are emitted daily in US cities from drivers sitting in parked cars with their engines running, while texting or engaging in other activities. Turning off and starting gas-powered engines reduce gas consumption, green house gas emissions, and wear and tear on engines. Parents picking up elementary school children are the biggest offenders. Sometimes they wait 10 minutes for their children with their engines running, spewing particulate matter into the air and contributing to respiratory illness, especially asthma in children which is on the rise. Cities throughout the US have anti-idling ordinances that are effectively educating drivers on the benefits of not idling. So working models already exist, as well as a number of public relations materials to change this unconscious behavior, making it easier to implement. 1 Supporter Shannon McEntee in Evergreen Park (registered)October 31, 2016, 10:53 AM 1. We need frequent, convenient and reasonably priced transportation to SFO. Trains: we need to see a huge improvement in frequency including early morning and late nighttime trains. Buses: we need frequent buses to SFO every day, including early morning and late night. Our airport access is unforgivably poor considering our traffic and air pollution problems. PA must work with the various transportation authorities to improve this deplorable situation. 2. Reduce Noise: Our city is now so noise polluted that it's almost unbearable. Planes, street sweepers, 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 6 of 19 garbage trucks, recycling trucks, honking cars -- it NEVER stops. Begin to replace noisy vehicles with electric- powered vehicles. 3. Honking car noise: NYC has an ordinance that fines people for car honking. Most of the cars on our roads honk loudly when they lock their doors, unlock their doors, and when they hit the wrong button on their key. Solve this problem - cars don't need to honk loudly all the time. They can chirp softly. 4. Crack down on speeding cars in our neighborhoods, rolling through stop signs and ignoring red lights. We want a courteous and safe city. 5. Fix the roads that cross the train tracks so traffic doesn't have to stop every time a train goes by. Trench the tracks or trench the roads, but we must eliminate the needless delays, traffic congestion, added air pollution, and the stress associated with our inadequate road system. Will it be expensive? Yes, but we need to do it. 6. Keep making improvements to our bikeways and continue to encourage adults and children to get out of their cars and bike, walk, or use public transportation. 7. Figure out how to monitor and invoice water consumption in multi-home and multi-office buildings. In my 55- unit condo building, the HOA pays the water bills and individuals aren't held accountable for their water usage. When people have to pay, they reduce their waste. This drought is not going to end. We need to make changes to reduce water use and we need to start now. We also need to incentivize new methods to capture rainwater and greywater in order to water our trees and gardens -- rather than wasting precious potable water. Name not available (unclaimed)October 31, 2016, 10:53 AM youth mental health initiative Joe Baldwin in University South (registered)October 31, 2016, 10:52 AM HOUSING: 1. Allow Granny units built for family members or as BMR units. 2. Require 25% BMR units on all housing development of 4 or more units. PARKING: 1. Require 100% parking provided for all new commercial development. 2. Raise current downtown RPP employee permit goal from zero to 1,000 with support from both Neilson Buchanan and Chamber of Commerce. 3 Supporters Bob Moss in Barron Park (registered)October 31, 2016, 10:45 AM These are my suggestions for 2017 priorities: 1) Infrastructure 2) Long term financial planning 3) Impacts of commercial and residential development 2 Supporters Dov Shiffman in Duveneck/ St Francis (registered)October 31, 2016, 10:42 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 7 of 19 Please address aircraft noise Steve Ludington in Palo Verde (registered)October 31, 2016, 10:36 AM Get serious about promoting cycling instead of driving. This means bike routes that are separated from auto traffic and it means spending a lot of money. 2 Supporters Darryl Fenwick in Downtown North (registered)October 31, 2016, 10:33 AM I can't believe there has not been a single statement I have noticed which has mentioned the homeless and beggars on the streets of Palo Alto. Addressing this problem is not the same as addressing affordable housing (which should also be a top priority). Almost every block on University has someone begging and homeless, and it is often the same people day after day, month after month, year after year. This is clearly something where the city could make a huge impact in someone's life. And I am surprised by the number of comments about the airplane noise, especially if they don't consider that planes that don't fly over Palo Alto necessarily fly over another city. The solution requires a regional balance and we need to be able to agree upon our fair share of plane traffic overhead. 1 Supporter Briggs Nisbet in Palo Verde (registered)October 31, 2016, 10:31 AM 1. Cumulative ambient noise in the residential neighborhoods is increasing and increasingly unhealthful. This includes nearly constant commercial jets at low altitudes overhead, leaf blowers and power tools related to tree trimming, housing construction and other activities; other types of aircraft including private planes and jets, helicopters, military aircraft; even the street cleaning vehicles approach the sound levels of overhead aircraft. 2. In South Palo Alto the amount of housing demolition and construction is increasing rapidly, adding to noise and traffic disruption and, ultimately changing the character of the neighborhoods. Small, relatively "affordable" one-story houses are being transformed into large, multi-level structures that cover most of the residential lot, in many cases loom over their next door neighbors, and radically change the landscape, including fewer and smaller trees, the addition of lawns and watering systems, and, I assume, increase energy and water use. How can the city address the issue of "affordable" housing and not consider the exchange of less-expensive exisiting housing stock for new, larger housing units that are likely twice as expensive and house the same number of people? Name not available (unclaimed)October 31, 2016, 10:31 AM The healthy community priority to include reduction of airplane noise and pollution of our environment. If the 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 8 of 19 FAA does not respond to the published City of Palo Alto's recommendations, further action may be required to address this continuing threat to a healthy community. Name not available (unclaimed)October 31, 2016, 10:28 AM Airplane noice must be a priority. City shall nagotiate directly with FAA and if not favorable resolution is achieved, joint forces to prepared for legal battle with federal government Name not shown in Duveneck/ St Francis (registered)October 31, 2016, 10:15 AM The jet noise is intolerable. The frequency and volume is disrupting our lives. I cannot work at home because I can't concentrate, I get woken up multiple times a night unable to block out the noise, we don't hang out in our yard much any more every few minutes the belly of a plane is right over our heads and one can't even carry on a conversation without stopping to let the planes pass. I can't imagine the quality of the air we breathe is any good with constant jet fumes spewing at such a low altitude. It was not like this when we first moved here to Palo Alto, and I hope the City will make it a high priority to ensure the FAA creates more reasonable flight paths instead of directing a disproportionate number of flights over Palo Alto. 2 Supporters Name not available (unclaimed)October 31, 2016, 10:08 AM Continued and increased access to city services and the city council through development of mobile tech. Name not shown in College Terrace (registered)October 31, 2016, 2:41 AM 1. More Low Income and Affordable Housing and programs for all ages but specifically seniors. Leaving nobody behind. 2. More opportunities to hear each other, learn from each other, get to know each other. 3. More opportunities for local groups and neighborhoods to work with each other and guests, through temporary residencies by outside artists, scientists, and others that can help us learn and look beyond what we expect or already know and that create participatory projects to enrich the social, economical, and creative quality of our living together. 1 Supporter Amy Christel in Midtown/ Midtown West (registered)October 29, 2016, 11:01 AM Rather than a vaguely defined topic like "Healthy City" focus on issues that contribute to ill-health in our city. Air quality and "Soundscape" are big QOL issues. Address noise and air pollution sources with better ordinances 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 9 of 19 and better enforcement; monitor aviation noise and chemical pollution from both commercial jets and General Aviation (PAO), ban leaf blowers, address horrendously noisy garbage trucks and street sweepers (invest in quieter machinery or better maintenance of current), curb train horns in overnight hours. Ban the sale of leaded avgas at PAO effective 2018, and insist that fuel vendors there offer Swift 94 (unleaded gas) as a contingency of renewed leases. Work with the FAA to reduce the overflights of GA aircraft approaching PAO and SQL over neighborhoods, and limit the training operations at PAO which force arriving/departing air traffic over residential populations. On the issue of housing, don't assume cars will not come with new housing. Require developers to provide complete parking. Re traffic and congestion: STOP the office growth. Period, no exceptions. Enough jobs. Wait 50 years for the housing to catch up. 1 Supporter Name not shown in Community Center (registered)October 27, 2016, 9:41 AM The jet noise is unbearable, quality of life has plummeted. Palo Alto will no longer be "a little gem of a city" if the noise persists and if, as expected gets worse with continued next gen implementation. Please continue your substantive support via consultants and direct support to Sky Posse Palo Alto. Get the city on the SFO roundtable. Push back on the politicians waving hands about 'not moving noise' (the noise has been moved, to us). Let's get this fixed. For us. For our neighbors. 1 Supporter Mel Kronick in Crescent Park (registered)October 22, 2016, 5:56 PM More support for mass transit, especially more capacity on Caltrain. Work with Menlo Park and Redwood City to reactivate the rail line that connects Redwood City to East Menlo Park (very near Facebook with its thousands of employees) and then on across the bay south of the Dumbarton Bridge. 1 Supporter Michelle Arden in University South (registered)October 21, 2016, 5:45 PM Please address aircraft noise as a priority for the community. In the past several years, aircraft noise has increased to the point where it significantly impacts my quality of life, and that of my family. 2 Supporters Name not available (unclaimed)October 21, 2016, 4:43 PM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 10 of 19 The things I would most like to see the City prioritize: 1. Airplane noise 2. Airplane noise 3. Airplane noise Thank you. Margaret Clayton Name not available (unclaimed)October 21, 2016, 4:07 PM The most immediate problem I would love to see tackled is the extreme airplane noise -- because of the impact on health, quality of life and likely on property values. Palo Alto is a much less pleasant and desirable place to live since airplane noise has increased and a less healthy & happy place to raise kids. For me and my family, the noise is disruptive & finding a solution is a top priority. Name not shown in University South (registered)October 21, 2016, 12:16 PM Please consider the airplane noise problem a priority for the city council. About 1/3 of the citizens are experiencing it and the children suffer daily at school. 2 Supporters Joan Hancock in Old Palo Alto (registered)October 20, 2016, 12:58 PM As I walk around our neighborhood...I'm saddened by the empty dark houses that are like holes in the neighborhood. I know New York and London have the same situation with out of town property investment that is held as a commodity. Could Palo Alto have an ordinance that houses have to be occupied at least half the year? Just wondering...Joan Hancock Name not shown in Community Center (registered)October 20, 2016, 11:42 AM The incredible increase in airplane noise over the past year must be addressed - this is a serious quality of life issue and also could affect property values. Also traffic safety (cracking down on speeding and red light running) and bicycle route safety need addressing. Fix the traffic mess at Embarcadero and Town and Country/Paly -- it's no better than it was. 2 Supporters Name not shown in University Park (registered)October 20, 2016, 10:34 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 11 of 19 1. Development cap in all of Palo Alto until we've solved parking and traffic issues 2. Crackdown on residential burglary/auto theft 2 Supporters Name not shown in Midtown/ Midtown West (registered)October 19, 2016, 10:14 PM My opinions on top 2 city priorities: 1. Funding and executing infrastructure improvements 2. Public safety - apply more resources to traffic enforcement and crackdown on residential burglary/auto theft Please do not put city resources towards building more/BMR housing. It is not the responsibility of the city to ensure everyone who wants to live in PA can do so. There are lots of places I would like to live or own a home but I don't expect those cities to subsidize my ability to live there. Name not shown in Green Acres (registered)October 19, 2016, 10:10 PM By far the most important issue for me is the elimination of the constant barrage of loud, annoying, intrusive aircraft noise that has been occurring at my home since Mar. 2015. 1 Supporter Name not shown in Midtown/ Midtown West (registered)October 19, 2016, 9:23 PM Please find a way to reinstate traffic enforcement. The speeding, red-light running and stop-sign running is such a huge problem. If people thought they might get ticketed for these infractions, maybe it would help discourage it. Our streets are becoming like a free-for-all and are not safe places for bikers or pedestrians. 2 Supporters Stephen Rock in Charleston Terrace (registered)October 19, 2016, 9:17 PM Reducing single occupancy auto traffic. 1) Public Transportation should be a very high priority. Getting people to their jobs, to shopping, to entertainment. a) Much more frequent bus service and many more routes. Faster service (dedicated lanes) Perhaps follow the model of the Stanford Margarete system. bus routes to California Ave Cal Train. b) Frequent Minibuses, perhaps private, along designated routes. This is done in many countries. b) Increased Cal Train c) Coordinate with neighboring cities. e.g. route between Palo Alto and Menlo Park. 2) Shared Taxi service/minivans from Train Stations and Bus stops to work places. 3) Designated parking places for car pools (as at Stanford). 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 12 of 19 4) Designated parking for small cars. Put large vehicles on the top of the garages. 5) University Av pedestrian only. 2 Supporters Name not shown (unverified)October 19, 2016, 9:15 PM 1) Decrease exposure of PA residents to jet produced noise and pollution 2) Increase recreation areas for people and their dogs Angela Holman in Downtown North (registered)October 19, 2016, 8:10 PM I would like to know which, if any, of these priorities include addressing the serious housing problem in Palo Alto. Those of us who are renters have no protections against enormous rent increases, making it virtually impossible to maintain any kind of economic diversity in the area. In addition to renter protections though, I'd really like to see more of an emphasis on low-income and affordable housing development. As the cities around us continue to allow company growth to outpace housing stock, people are getting pushed further and further out and making traffic worst for everyone. Again, how will these priorities address housing needs? 1 Supporter Name not shown in University Park (registered)October 19, 2016, 5:55 PM Creating more housing needs to be a number one priority. Any way the council can change the requirements to incentivise smaller dwellings, granny units and other creative ways to increase housing should be considered. using technology to improve parking accessibility is also a worthy endeavor. 3 Supporters Name not shown in Downtown North (registered)October 14, 2016, 10:40 AM More housing, more housing, more housing. Everything else is a distant second. 1 Supporter Rachel Croft in Southgate (registered)October 14, 2016, 9:05 AM I would like the city to take as a top priority making Palo Alto a more bike friendly place. This should include considerations for bike safety (including providing separate roadways for bikes, ensuring cars can't park near intersections, and putting better separation rails in places where bikes are near fast-moving cars like Embarcadero Caltrain underpass) and bike parking. The city should consider both adult and kid bike drivers in their plans. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 13 of 19 2 Supporters Patama Gur in Old Palo Alto (registered)October 13, 2016, 1:32 PM Preserve ground floor retail at least two blocks off University Ave and keep California Avenue zoned for local, non-chain businesses. Better balance the needs of existing local residents with growth initiatives especially around parking and traffic concerns. 2 Supporters Hamilton Hitchings in Duveneck/ St Francis (registered)October 11, 2016, 4:19 PM 1) Complete the Comprehensive Plan Update 2) Significant progress on Infrastructure: Public Safety Building, new Parking Garages, Newell St. Bridge & Fire Stations Seismic Safety 3) Extend zoning changes to favor housing over office (extend and strengthen office cap, rezone some office to residential, TDRs for residential only, more focus on below market housing, try to save Bueno Vista, more focus on mitigating development impacts on neighbors, traffic and parking, etc...) Name not shown in Midtown/ Midtown West (registered)October 9, 2016, 11:10 PM Thank you for asking. My top issues are unbearable jet noise, and cut through traffic on my street, Loma Verde Ave, which has made my home more noisy, polluted and dangerous. Thank you again. 1 Supporter Name not shown in Evergreen Park (registered)October 9, 2016, 5:48 PM My highest priorities for Palo Alto center around quality of life: safety - traffic law enforcement (speed limits! stopping at stop signs) and parking (parking permits in neighborhoods near commercial areas) 1 Supporter Irene Au in Evergreen Park (registered)October 9, 2016, 4:16 PM - Preserve quality of life for existing residents by addressing transit and parking issues. Evergreen Park in particular is suffering without an RPPP. Please implement an RPPP and commit towards a 100% phase-out of employee parking in the neighborhood within 5 years. - Commit to ground-floor retail and grow and keep local businesses in our community - Encourage businesses that help foster community and serve as gathering points for people / places of attraction; we need to serve not just one particular demographic but different places for people at different 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 14 of 19 stages of life (e.g. teens, young adults, young families, middle-aged adults, seniors) - Make walking and biking around the city easy, accessible, and safe - Create a sensible architectural review process that promotes great design and aesthetics -- please prevent monstrous UGLY buildings like the new development on El Camino between College Ave and Stanford Ave!!! (Does *anyone* think that yellow building with the phallus looks good?) - Reduce airplane noise 2 Supporters Michael Hodos in University South (registered)October 8, 2016, 4:27 AM Adopt the following tenet as an overarching operating principle for each and every proposal considered by City Staff and the City Council: "How will this proposed change help maintain and/or improve the quality of life for the residents of this community?" 3 Supporters Jean Libby in Community Center (registered)October 7, 2016, 9:06 AM I would like to take this opportunity to thank the Palo Alto City Council for their dedication to the community and thoughtful stewardship. This is a group statement and to each individual as well. As a low-income homeowner struggling to remain where I have lived for 50 years, I earnestly seek equitable proposals that do not devalue my property. Name not shown in Crescent Park (registered)October 7, 2016, 5:46 AM Reduce the number of city staff in proportion to residents, to match the ratios of surrounding high-performing cities. Reduce the number of management layers in city staff to match the "management span of control" of surrounding high-performing cities. A staff reduction of about 30%, if done on a merit basis (not seniority), would: - Free funds to pay for improved roads, parks, and other services. - Improve staff responsiveness by reducing bureaucratic steps. - Prevent our future bankruptcy that will result from growing numbers of retired staffers on high pensions that are funded by an essentially constant number of residents. 4 Supporters Name not available (unclaimed)October 6, 2016, 8:16 PM I have asked the CAC to insert a policy in the Environment element re vehicle idling, pertaining specifically to 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 15 of 19 parked cars -- not idling in traffic. Idling emits about 40,000 tons of carbon daily in the US. The problem is particularly problematic at local schools, as parents and bus drivers waiting to pick up children leave their engines running and subject them to carbon monoxide which is increasing asthma, respiratory disease, heart disease and cancer. And it's completely unnecessary. Turning off the engine instead of letting it idle saves on gas, engine wear and tear and carbon emissions. I'd like to see the city pass an ordinance against idling. Fremont has incorporated an anti-idling policy in its CAP. So should Palo Alto, as a leader in green cities. Andrew Sharpe in Downtown North (registered)October 6, 2016, 7:07 PM Street repair, bicycle lanes, traffic calming on Everett, 4 way stop signs at Everett and Bryant, and Everett and High. Invest in the folks that live here and pay for these things! 1 Supporter Stephen Rosenblum in Old Palo Alto (registered)October 6, 2016, 6:47 PM Commit to achieving a carbon neutral environment as soon as possible, including transportation. As a part of this commitment, the city should make a plan o implement Mobility as a Service for all residents and workers in Palo Alto. 1 Supporter Name not available (unclaimed)October 6, 2016, 4:43 PM In a time of climate change and population growth, greater protection and sustainable use of our natural environment: our canopy, our groundwater, our streams, our air quality, our foothills and bay lands. Name not shown in Midtown/ Midtown West (registered)October 6, 2016, 4:34 PM 1. Reduce airplane noise 2. smart way to monitor water consumption. For example, monitor consumption from phone rather than looking at the hard-to-get-to-outdoor meter 3 Supporters Name not shown in University South (registered)October 6, 2016, 2:38 PM Traffic enforcement for motor vehicles, bicycles, pedestrian , and special attention to heavy construction vehicles on residential streets. Public transportation that is also green, a la Marguerite; push employers to provide discounted public transit passes, and design the transit to meet the needs of the people. Conservation incorporated in all new construction and remodeling: more solar panels, etc. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 16 of 19 Cease allowing commercial building without adequate parking. The "public benefits" never seem to materialize, but the parking problems do. Name not available (unclaimed)October 6, 2016, 11:40 AM Preserving the quality of life in neighborhoods. Jane Volk-Brew in Duveneck/ St Francis (registered)October 6, 2016, 11:39 AM 1) increased traffic enforcement on city streets, i.e., drivers who speed and/or run or disregard traffic signals; 2) Sand Hill Properties' lack of compliance with the planned community requirements of Edgewood Shopping Center; 3) noise from low flying helicopters and general aviation aircraft arriving at and departing from the Palo Alto airport; 4) noise from airplanes inbound to SFO and SJC; 5) improved street cleaning, especially in bike lanes on city streets and at the baylands. Name not shown in Leland Manor/ Garland (registered)October 6, 2016, 11:38 AM Everyone is 'connected' to their electronic devices in their daily lives particularly in their homes. It's essentially that we keep up the infrastructure to meet the current as well as anticipate the future demands. Additionally, we currently have very limited choices, with Comcast essentially holding a monopoly albeit on a suboptimal service which is sometimes reliable. I'd like to see a city wide push towards Fiberoptic internet. It's already available throughout many condo buildings in SF and really game changing, particularly for those of us who want the flexibility to do data intensive work at home. Even for casual users, having consistent super high speed internet really is time saving, whether for school related work, doing things related to one's occupation, or just entertainment. I've seen reports of the city looking into fiber whether Google fiber or some other company. I think it's time to make a push forward and come up with a plan that can be acted upon in a short term (3-5 years go-live goal?) to make fiber available to all residents. We are in the center of Silicon Valley, a technological epicenter. Many other small cities in the midwest and elsewhere have passed us in this internet infrastructure investment. It's time for us to catch up and keep relevant to all the exciting technological activities and resources going on in the Bay area. 1 Supporter William Brew in Duveneck/ St Francis (registered)October 6, 2016, 11:11 AM Priorities: reduce airplane noise, solve Edgewood Shopping Center problems, stop red light and stop sign runners. Frankie Farhat in Green Acres (registered)October 6, 2016, 10:45 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 17 of 19 Here are my 4 priorities: - Airplane noise - Help reduce it and make sure it remains low. The current situation is unjust and untenable for those like me who now live under both the SERFR route and the hundreds of vectoring planes. - Airplane noise - Please start considering what legal actions are available to the City of Palo Alto either if the select committee does not come up with recommendations or if the FAA does not implement procedures that will help us. Note that according to the city noise ordinance in Palo Alto, if I use a gas-powered leaf blower anytime during the day, or if I do construction work before 8am, after 6pm, or anytime on Sundays, I am punishable to up to 6 months in jail, up to $1,000 in fines or both. May I suggest that the City of Palo Alto review and update their codes and use the legal tools in their power to ensure that airspace violators are properly fined and prosecuted. Furthermore, I'd like to suggest that we start such process with the top offenders like Asiana OZ 286 and Korean Airlines KE 213 who fly low and loud, every night typically around 12:30am. - Airplane noise: study the impact on health (physical and mental), learning, and properties value. - Airplane noise: denounce publicly the impact of Nextgen on the Palo Alto community, in order to help raise awareness at the national level and grow the pressure on FAA and Congress to do something right for all of us who now live on Airport runways. 6 Supporters Name not shown in Charleston Terrace (registered)October 6, 2016, 10:37 AM Regenerating Nature in the City 2 Supporters Glenn Fisher in Charleston Terrace (registered)October 6, 2016, 10:19 AM Priority 1: The balance between offices/jobs and residents/housing is critical. Palo Alto is flooded by people who work here but don't live here, and it contributes to congestion. At the same time, housing is expensive and the Planning Commission, Architectural Review Board and Council create a long, expensive, and time- consuming path to new construction; restrictions on in-law units limit housing choices. We need a well-thought out comprehensive plan that addresses these issues, and a council that city government that directly conform to the plan so the requirements and process are clear for everyone. We also need a way to encourage high- density housing while confronting the transportation issues and realize that cars are not going away. So related priority 1A: Clarify, codify and streamline the process of approving remodels and new construction. The current process is broken and more often (for remodels) ignored because it is so complex and expensive. Priority 2: Infrastructure. We have to replace old sewers and utilities, maintain our parks, and also our urban forest. These all have a cost and time constraints that must be addressed. 1 Supporter Name not available (unclaimed)October 6, 2016, 10:12 AM Under health and safety, I believe the airplane noise over our heads is a top priority. There are numerous studies showing that ambient noise can affect our health. Even those who claim not to notice it are affected at 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 18 of 19 some subconscious level. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Statements sorted chronologically As of November 1, 2016, 10:11 AM http://www.peakdemocracy.com/4065 Page 19 of 19 Nextdoor Gargi, Jon J. T. 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It would sing shortage ssings, I trimm rease in arme d Jordan bike a northbound s that they're e can't vote o make the ne e, having mor med trees bloc ed muggings lane barriers car is waiting limited to onl on comments ighborhoods re units occup cking stop sig that are wors g to turn onto ly a few choic after one's fi a lot safer as pied will help a gns, poorly m sening gridloc N. California ces which inv rst few votes. s well if there as well. arked or non ck and strand a, 2) warn the alidates the . are more peo ding few ople All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM Open City Hall is not a certified voting system or ballot box. As with any public comment process, participation in Open City Hall is voluntary. The statements in this record are not necessarily representative of the whole population, nor do they reflect the opinions of any government agency or elected officials. All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? As of December 23, 2016, 1:51 PM, this forum had: Attendees:498 Registered Statements:161 All Statements:217 Hours of Public Comment:10.9 This topic started on October 4, 2016, 4:04 PM. All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 2 of 44 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? Name not shown in Green Acres December 22, 2016, 9:40 PM No. 1 Traffic congestion and enforcement of traffic rules No. 2 Stop all construction of office space since this is what is making traffic unbearable--everyone knows this, but who will act on it? No. 3 Jet noise, which continues to degrade quality of life in Palo Alto, notwithstanding the heroic efforts of Joe Simitian and the special committee. No. 4 Discuss the jobs-housing imbalance with our neighboring cities, since the expansions of Google and Facebook will only continue to degrade the quality of all of our lives. Name not shown in Crescent Park December 22, 2016, 6:06 PM Our quality of life has suffered quite a bit in the last few years. 1.) Together with Stanford (Their dam decisions are coming very soon) and the Army Corps (and NEVER alone via only the JPA) address the restoration of the creek along with reduction of flood risk without further consideration of floodwalls that are unacceptable to the community. Best if very little channel or bridge modifications from Highway 101 to El Camino. Best address by upstream measures. But most likely a little bit of channel work, and a little bit of diversion and a little bit upstream will be best. 2.) Support serious efforts to lessen and disperse the horrible jet noise from the recent changes in the flight paths. 3.) Stop allowing office construction until the infrastructure to address transportation is fund and in place. University Ave is a terrible mess. maurice druzin in Crescent Park December 22, 2016, 5:23 PM I have lived in Crescent Park since 1992, at 1408 Pitman avenue, my back fence is adjacent to the Community Garden.My concerns are the steady deterioration of our quality of life in the neighborhood.1)Traffic is awful, as commuters use our streets to access University Avenue. 2)There is a huge problem with downtown workers parking in our community, usually for prolonged periods of time. 3)The aircraft noise is very disruptive ,and never seems to end.Recently , flights are passing over as late as 2 am. 4)Eleanor Pardee Park is heavily utilised.There are 2 playgrounds, a grassy area in constant use for soccer and baseball, a picnic area, and a community garden.And, the City is proposing a DOG Park?!! , and the proposed space is adjacent to(ONE INCH OF FENCING AWAY FROM) private property?! 5)The park hours and leash laws are NEVER enforced:at the recent public meeting, dog owners proudly admitted taking dogs off leash and breaking the law, and City officials in attendance were silent, which of course encourages this behaviour, and leaves me and others thinking that the city has already acceded to the vocal dog lobby, without regard to homeowners concerns and requests for alternative sites that do not abut residential property. 6)There has been a steady increase in violations of dog feces cleanup rules, with unbagged and bagged feces 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 3 of 44 left on sidewalks and front lawns. Lisa Van Dusen in Community Center December 22, 2016, 5:07 PM I hope the City's priorities will include the rerouting of air traffic. I realize that the channels for this are well beyond the city (FAA and others) but the effect This change (NextGen) has had a tremendously negative effect on the quality of life for me - one that exceeds all the other issues in the 2016 priority list or is at least equal to them all. Other priorities include: - being aggressive in achieving and/or exceeding our 80x30 Greenhouse Gas Emission goals and becoming a carbon neutral community as soon as possible - making bold changes to bike routes and transit to reduce car trips rather than adding parking spaces - perhaps charging for parking, barriers for bike lanes like near Jordan and reconsidering bike paths next to the creeks disconnected from roads entirely - addressing the unfunded and funded liabilities for the City, esp considering a deficit this year, reduced investment returns for Calpers - this is not good and I do not hear anyone talking about this, rather just raises for the city staff. I would like to hear the solutions to the big picture - including in the Comp Plan the elements of a thriving community that we say we support, including affordable "homes" in every sense for individuals and families with a wide range of incomes, nonprofits, artists and others. - infrastructure (boring but necessary) Thank you for your service and leadership. I urge and encourage you to be bold, not timid, in how we approach our challenges. Laure MAZZARA in Crescent Park December 22, 2016, 2:14 PM Please work on reducing the aircraft noise. Please continue to work on the parking problem I would like to see more actions to solve the traffic congestion instead of years of planning. Name not shown in Crescent Park December 22, 2016, 1:32 PM Please work on reducing the noise from jets flying to SFO. john kunz in Leland Manor/ Garland December 22, 2016, 10:30 AM 1. Airplane noise. It is awful! 2. Car traffic. The root cause is that we in Palo Alto and Silicon Valley are so appealing to so many people 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 4 of 44 around the nation and world. Looking historically, our living and working populations have both grown dramatically in 50 years. There is every reason to expect more of same in next 5 and 50. Council, please take a long view. Please look broadly and openly at non-car transport, density and how to collaborate with other municipalities in the Bay Area. Karen Price in Evergreen Park December 22, 2016, 10:26 AM Please make keeping affordable commercial space a top priority and install a moratorium on tearing down any more commercial buildings. We have seen much discussion about affordable retail/housing, but little if anything about commercial. Every time an older Class C building is torn down and replaced with a big Class A building, we lose valuable members of our community who can not afford the very high rent. We have already lost many therapists (physical and emotional), bodyworkers, psychiatrists, family lawyers, insurance agents, and other professionals, as well as hairdressers and other service providers. We can not replace these buildings or these people and our practices. I have been maintaining my Advanced Rolfing practice at 378 Cambridge Ave since 1979, working generations of families throughout Palo Alto and the Bay Area and doing groundbreaking research with Stanford School of Medicine. We need affordable office space to continue our work and give new generations the space to start and maintain their practices. Local professionals give much to the community in many ways. Tech companies in large buildings give nothing. The buildings themselves also offer diversity and variety to the town-seeing buildings built during many decades of the last century, rather than the last few years, is great for children as well as adults. Please install a moratorium on tearing down any more commercial buildings. Name not shown in University South December 22, 2016, 9:40 AM I hope the horrible airplane noise over much of our city due to the NextGen flight paths will be a top priority. With 80+ planes a day flying at 3500 feet over our house, we have had to move out of our home due to the health issues from the relentless noise day and night. We want to return to our home and our community in Palo Alto. Our house is siiting there, as we don't want to have to sell, but we need something to happen with the FAA. The noise and pollution effects not just us, but the entire community. PLEASE stay on top of this. Start a lawsuit against the FAA if things don't change in the next 60 days, as other cities have done. Name not shown in Duveneck/ St Francis December 22, 2016, 8:34 AM Reducing airplane noise (flights into SFO and SJ) and reducing traffic congestion are my top concerns. Karen Gould in Crescent Park December 22, 2016, 8:10 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 5 of 44 PLEASE. do something about the terrifyingly loud plane noise in the middle of the night. I'm woken up EVERY SINGLE NIGHT by planes above my house. This is severely disrupting my sleep and, consequently, my health and the quality of my days. I'm miserable from this. The planes are too low and too loud. I sleep with earplugs and am still awakened. Thank you Ruth Wilnai in Leland Manor/ Garland December 21, 2016, 9:20 PM 1. The real estate prices are high in the sky, as a result young middle class families move out of Palo Alto. The city becomes more and more a bubble of population who is not aware of the existence of other people who can't afford this way of life. 2. Much noise and pollution around Palo Alto comes from the leaf blowers. Most of the gardeners don't use electrical blowers. They can chase one lead for several minutes with the gas blower. First, they harm themselves and then the whole neighborhood suffer. There is a law, but it is not enforced. The airplane noise should have the lowest priority on the list. Name not shown outside Palo Alto December 21, 2016, 9:19 PM Please continue to work on reducing the jet noise from flights into and out of SFO. The noise from these planes is loud and frequent, often waking me at early hours of the morning (e.g. 4:20am) and keeping me awake long into the night (e.g. 1am). Daytime provides no respite, either, as the flights occur every few minutes. Name not shown outside Palo Alto December 21, 2016, 8:45 PM Please continue to work towards ending the onslaught of jet noise overhead. I work at my home office and have planes roaring overhead every couple of minutes interrupting my ability to concentrate on the task at hand. We have considered moving away from our house of 17 years, if this does not get resolved soon. We live 28 miles from the nearest large airport and would never have moved here, if we had known we would be on a constant approach path for low flying aircraft. The constant noise from low flying jets has had a dramatic effect on my mental health, and the pollution generated below a narrow flight path is also a threat to the health of residents nearby. 1 Supporter Name not shown in Fairmeadow December 21, 2016, 5:59 PM Please give high priority to reducing the alarming increase in the level of jet noise. 3 Supporters Richard Staehnke in Palo Verde December 21, 2016, 5:46 PM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 6 of 44 STOP THE INCESSANT JET NOISE, Day,Night,Weekdays,Weekends, 200, 300 and more everyday, roaring, whining, whooshing, dropping 1000's of gallons of unspent jet fuel on our heads. All the other pet issues people like to talk about in this town are affected by this horrendous change in FAA flight plans. Protest, Sue, Threaten, Beg, I don't care just get this done PLEASE. 62 year resident who cannot believe this has been foisted on us and our elected officials aren't doing EVERYTHING POSSIBLE to protect it's citizens. 4 Supporters Bill Gargiulo in Old Palo Alto December 21, 2016, 5:44 PM Please stay focused on the terrible hijacking of our skies by the FAA. Stay focused on driving through a solution to the never ending sounds of jets decelerating over out city. 4 Supporters Name not shown in Crescent Park December 21, 2016, 5:32 PM Please make the Aircraft Noise as a key initiative to address. It is a probably the number 1 major issue for the community. 4 Supporters Mary Rodocker in Duveneck/ St Francis December 21, 2016, 5:26 PM Please address the jet noise problem for Palo Alto citizens. It affects my sleep, my ability to concentrate when working at home, and my ability to be outdoors for gardening and other (once) pleasurable activities. This is definitely a quality of life issue. Thank you for your consideration. Mary Rodocker. 355 Iris Way. 94303 3 Supporters Name not shown in Old Palo Alto December 21, 2016, 5:21 PM I would like the City Council to make reducing jet noise a priority for this community. The low flights, especially the late at night jumbos and cargos, are extremely loud even now, in winter, when all the windows are shut tight. We have all radiant heating and no A/C in our home, so there is no white noise in the house that can mask the whistle of the Airbus planes or roar of the cargo planes. 1 Supporter Jerry Chu in Duveneck/ St Francis December 21, 2016, 5:14 PM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 7 of 44 The airplane noise from SFO arrival flights should continue to receive top attention by the city to find a remedy. I know and appreciate the work done by the city so far but we will need to make sure solutions acceptable to PA residents adopted by FAA and implemented ASAP, especially for those of us who live in North P.A. Green Gable/ Crescent Park area - we're getting double whammy between the SFO and PA's municipal airport. I've lived in PA for > 30 years and used to be annoyed by the noise of small airplane from the municipal airport. It turned out that's nothing compared to the noises from SFO flights! Thanks! Roger Pierno in College Terrace December 21, 2016, 4:23 PM 1. Improve traffic flow by implementing coordinated, dynamic, real time traffic light controls on all major roads in PA and coordinate this system with neighboring cities. 2. Find ways to retain spaces for small startups and to retain the few small businesses still in the city. 3. Find ways to maintain the current character and diversity of the California Avenue shopping area and prevent it from becoming another chain store/restaurant mecca like University Avenue. 4. Do not approve any new commercial or office development, housing should be the priority. 5. Start planning to retain Fry's Electronics in Palo Alto. Fry's is not only a great store for electronic devices, but it is now the only electronic component store in Palo Alto or within many miles of Palo Alto. As a maker myself and a mentor to young tinkerers and makers, I know the value of having a local store that stocks electronic components and how vital it is for curious young minds. 1 Supporter Carol Kenyon in Community Center December 21, 2016, 4:19 PM Low, loud, frequent air plane noise has become an increasing problem in the last 2 years. This problem has become an issue of the quality of life in Palo Alto and surrounding Cities. Please direct your attention to this problem. Thank you Carol Kenyon 3 Supporters Name not shown in Old Palo Alto December 21, 2016, 4:12 PM Top priority for 2017? To paraphrase Bill Clinton, "It's the jet noise, stupid." 1 Supporter Rod Miller in Crescent Park December 21, 2016, 3:37 PM The most significant negative changes (over the last 50 years) in my Palo Alto experience are: 1- Airplane noise. It was bad with the occasional emergency chopper heading to Stanford, but that is 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 8 of 44 understandable. However in the last couple of years the noise has become extremely bothersome. Don't people open their windows when sleeping? Don't people spend time outside? Do people drown out the noise from within their house by loud music/TV? Consider this experience: One night a couple of years ago I was abruptly awakened by the noise of a very low jet aircraft approaching. An aircraft at this altitude had never happened before. In my groggy state, I concluded the only reason the aircraft was so low was that it was in trouble and that it might crash. It might crash into my house, I couldn't see its heading. I might be killed. For about 10 seconds the terror escalated as the aircraft approached. Then to my indescribable relief it passed overhead. Put yourself in that position. All your senses are telling you that you might be killed in the next 10 seconds and there is absolutely nothing you can do about it. Needless to say I was severely traumatized by that event. Since then I notice the sound of most aircraft that pass overhead. Many times the noise disrupts my train of thought completely. This is a severe impact upon my quality of life. 2- Liveability. I'm sure lots of people are making lots of money working Palo Alto and renting work space to those who do. It is time to tip the scales towards the well meaning long-term citizens of this city and carefully consider the amount of office space if any should be added to downtown. I'm sure many property owners will be dissatisfied and the apparent loss of their opportunity to get rich, but it's got to stop somewhere. Increasing density before adding traffic capacity is a recipe for disaster - how many people are using public transit now verus the forecasts for this date? 3- Environment. I've been an environmentalist all my life. However, I find the scope and speed of implimentation of environmental changes to be unrealistic. Yes I realize that we have to push the envelope; maybe it is OK for other cities to be more aggressive than PA. For example, really, tape over the terminals of the 100s of batteries I have for recycling is nuts, how many fires have been caused by batteries being recycled? Maybe just tape the terminals of Lithium batteries. 4- Flood protection - I was flooded in 1999. I understand fixing this problem is a complex inter-jurisidictional problem. However, in the seventeen years that have gone by (while individuals at the agencies involved have gotten raises, promotions, and retired) I get a telephone warning system and the pleasure of hauling and dispersing tons of sand bags by myself but no real fix to the threat. WHERE IS THE SENSE OF URGENCY HERE? A real sense of urgency would find a way to fix this problem, no excuses. The bottom line for me is that I no longer consider Palo Alto a desirable place to live. Years ago walking to downtown was a joy. There was a real eclectic nature to the atmosphere - artists, galleries, and a true variety of stores. Now I suffer from airplane noise, the threat of being flooded every winter and the associated work to put tons of sandbags in place and then remove them (every year!), joyless traffic, greed everywhere, a downtown bereft of interesting stores, architecture, and glutted with restaurants. The positive of proximity to health care is approaching being outweighed by the negatives. 1 Supporter Doug Solomon in Leland Manor/ Garland December 21, 2016, 3:30 PM Affordable housing, and, Reduced airplane noise 1 Supporter Name not shown in Leland Manor/ Garland December 21, 2016, 3:05 PM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 9 of 44 Changing the FAAs decision to fly all the jets to SFO over our homes instead of the bay has to be a high priority! The increasing noise - even at 4AM - is bad enough, but the added air pollution is unreasonable and unacceptable. Please consideration this a high priority! 1 Supporter alex green in Palo Verde December 21, 2016, 3:03 PM Jet noise, road congestion, keep retail in Midtown Name not shown outside Palo Alto December 21, 2016, 3:01 PM The #1 priority of living in the Palo Alto / Stanford area must be addressing the issue of overhead airplane noise, which has multiplied tremendously in the past two years. This is affecting the quality of our lives, and the ability of our children to sleep, focus, and do homework. The persistent jet noise also has insidious effects on our (adult) health, not only through lack of sleep, but through increased blood pressure and anxiety. 1 Supporter lois shore in Duveneck/ St Francis December 18, 2016, 4:16 PM I would like the Council to consider Airplane noise a top priority. The planes fly low and loud over homes and schools. 2 Supporters Ben Lenail in Crescent Park December 17, 2016, 8:06 PM I would like the City Council to focus on reducing airplane noise, making Palo Alto a "smart city" when it comes to road congestion, and opening a dog-friendly park in northern Palo Alto. 2 Supporters Name not shown in Old Palo Alto December 12, 2016, 10:42 AM Please make it a priority to retain and empower what few cultural and social assets Palo Alto still has. That is, assets that promote both cultural diversity and social interaction. In this day in age, land value is at a premium but anything City Council can do to protect and incentivize landowners and business owners to stay in Palo Alto, the City Council should do. There is increasing pressure to limit or cap these institutions (i.e. CineArts, bowling alleys, private schools that bring diversity to our increasingly less diverse community, Avenidas, museums, etc.), please make this a priority to enable these businesses (most of which are non-profits) to not only survive, but THRIVE in our community. Take the negative stigma away from proposed projects by sticking up for these essential parts of the community. Palo Alto has already lost so many small businesses that make 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 10 of 44 the City great, I would hate to lose anymore or hurt them by imposing overbearing restrictions. In addition, make sure that with increasing ordinances added (office cap, retail "preservation"), make sure that you have the long-term vision at the forefront of the conversation. Please consider the impacts to the future beyond your term, our kid's kids, etc. If you would not want to see retail in a location where it exists, don't force a landowner to keep it because of some inflexible, arbitrary rule. If you would not put retail there if you were starting from scratch today, do not just force it, it will only end badly. And in terms of the office cap, please consider businesses that have been in Palo Alto for a long time and may need more space. What are they supposed to do? All of these must be thought out before rushing to a decision. I know you will serve the people well and best luck in your upcoming terms. - A native and grateful citizen 1 Supporter Ben Lerner in Palo Verde December 7, 2016, 8:28 AM Council Goals for 2017: 1. Create and impose a new "Eichler Zone", R1-E zoning designation for Eichler neighborhoods that preserves the architectural style of Eichler neighborhoods and maintains the current privacy of residents' indoor-outdoor spaces. This was promised when Council rejected the Royal Manor SSO petition and if done correctly will eliminate much future conflict. 2. We are being pressured to solve our jobs-housing imbalance, in large part to reduce the car traffic of commuters in-out of Palo Alto. Before we adopt any policy or zoning changes to attempt to fix this, let's get some data to understand the problem: As a priority goal, let's conduct a comprehensive study of where every working PA resident works and how they get there, and where everyone who works in PA lives and how they commute to work. This will serve to inform any policy proposals to solve our traffic, commute, and parking problems. 3. There is pressure on Palo Alto to build more housing to solve the "housing shortage", generally seen as housing prices being higher than buyers/renters are happy to pay. Before making any policy changes to attempt to "fix" this, we should establish a priority goal of understanding our housing market and what's driving the "shortage": We need to determine how many of our housing units are used as actual housing, v.s. used as offices or investment properties that aren't rented to local workers. This should inform any discussion about up- zoning to allow for more housing. It is a very real possibility that if our current housing stock were used for its intended purpose, out housing "shortage" would be less severe. Thanks for reading! Christian Pease in Evergreen Park December 6, 2016, 12:36 PM 1) Infrastructure: Repair, replace, and upgrade our basic infrastructure before, or actively in conjunction with, the addition more office space and large numbers of dense additional new housing units - get it right to begin with, please. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 11 of 44 2) Especially: Design and implement integrated, real, and practical (not future vision(s) - for example, predicting and acting as if we know when autonomous cars will actually be on the market, in the streets, and adopted at scale) integrated/inter-modal and comprehensive transportation - including PUBLIC transportation (OK, "mobility," if you well) that is available and affordable for all who need and want it. Do this before, or actively in conjunction with the addition more office space or large numbers of dense new "car light" housing units. Just saying some area targeted for dense development, notably California Avenue, is "transportation rich," does not mean it currently is "rich" enough to effectively and seriously mitigate against a relentless traffic problem that is fast becoming gridlock. Importantly, emphasize public safety in this mix, as cars, bikes, and pedestrians must going forward share common routes and surfaces more than ever before - for example, slapping in traffic circles in narrow, over- parked streets in and of itself, without accounting for good visibility, clearance, and public safety enforcement, is simply not enough to address this obvious safety issue. 3) Especially: Make demonstrably sure that TDMs (Transportation Demand Management plans) used to facilitate private real estate development are in fact enforce, accountable, and working before, or in active conjunction with, the addition of more office space and large number of dense additional new housing units - indeed, prove "car light" produced tangible benefits, don't just ignore inconvenient facts. 4) For new housing, emphasized the nurturing of long-term economic diversity in Palo Alto and do so deliberately encouraging long-time residency and involvement in our community - that would be welcoming beyond just lip-service - which means housing that is in reality "affordable" - not simply "below market," yet still, by any reasonable measure quite expensive - doing so will likely require at least some public participation - purely private real estate initiatives are not set-up for this objective, especially given the returns that are expected from very expensive land. 5) And last but not least.... please, work to get the FAA to stop the big time commercial airplane noise invading our homes and neighborhoods :-) Ronda Rosner in College Terrace December 5, 2016, 12:14 PM Please make it your #1 priority to reduce the aircraft noise in our city. This means following up the work of the Select Committee recommendations to ensure the FAA takes action in a timely manner. The City Council should also ensure that a representative who lives in Palo Alto be appointed to the ongoing governing group to be formed in the wake of the Select Committee, to focus on the issue of aircraft noise in our region. 2 Supporters John Eaton in Community Center December 2, 2016, 12:28 PM On Sunday November 27th, after being awaken by a low jet flyover at 6:00am, I recorded 11 loud aircraft flyovers inside our home between 6:13am and 7:57am. Improve our quality of life. Please put priorities on reducing airplane traffic and noise over our neighborhoods. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 12 of 44 Community Center 4 Supporters Name not shown in Green Acres November 30, 2016, 8:34 PM A few years ago we both retired and moved from north Palo Alto to near Gunn High School. While I like this part of town, I now realize it has almost no senior citizen activities. To participate, we have to drive to downtown Palo Alto and park. I am looking forward to the next few years when Avenidas operates out of Cubberley but do wish "satellite" senior programs could be located at the neighborhood schools or churches so we could walk and get to know more neighbors. Downtown definitely needs more parking: when I asked fundraisers for new Palo Alto History Museum about parking, they said there is none planned and everyone should walk or bike- not options for us because even the Margarite bus or Palo Alto Shuttle do not operate near us. Parking time is so limited that I have had to leave two different meetings early to avoid getting a ticket.Please help Palo Alto develop more small community centers so we don't all have to come to University Avenue. Best example is the three middle schools! Maybe we seniors could even volunteer with students! Thanks Paige Parsons in Barron Park November 30, 2016, 3:09 PM 1.) Traffic 2.) Pedestrian and Bike Corridors 3.) Airplane noise THOMAS LAWER in Green Acres November 30, 2016, 10:49 AM I would like the city council to focus on quality of life for current residents. I would like to see a moratorium on growth until there is a clear plan on how to handle traffic issues as well as school enrollment and population issues caused by the recent new development as well as a better plan on how to handle the load on our services and infrastructure of any new growth. I would like to see an overarching analysis of new developments rather than the current process where each development is looked at in isolation, which has lead to our current poor state. I would also like to see a revision in the setback and architecture for future growth. For some reason, the developments in Palo Alto seem to have the smallest setbacks and, in my opinion, the ugliest and most dated architecture. I find the projects Mountain View has built to be much better in terms of both setback and architecture, so i think it is easily possible to do better than we do. Mark Nadim in Palo Alto Hills November 30, 2016, 9:59 AM My priorities for Palo Alto are, 1. Traffic congestion relief 2. Excessive construction of office space, with under parked buildings 3. Comprehensive Plan update approval 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 13 of 44 4. Infrastructure John Guislin in Downtown North November 29, 2016, 4:38 PM Even with a limited set of priorities, far too often nothing is accomplished in the year they are prioritized. Therefore I propose one priority for 2017: TRAFFIC. As you understand, this is a complex issue that includes safety, parking, quality of life, policing, development, and many more important issues. I see Palo Alto and the region hoping for the best but doing very little. Let's make a real investment in addressing the issue before solutions stretch even farther out of reach. 2 Supporters Phyllis Cassel in Midtown/ Midtown West November 29, 2016, 3:43 PM I want next years Council to continue with the current priorities. The most urgent is the completion of the Comp Plan. We have been working on this for far to long. It is hard to develop a good plan but at some point we must say this is the best we can do for the moment. It is time to move forward on implementation. Focusing on housing and mobility is the next most important goal. Implementation of the infrastructure plan is beginning to really show. We need to keep going while we have the income stream. I have really enjoyed the renovated building. Please keep moving on this. Name not shown in Duveneck/ St Francis November 28, 2016, 7:52 PM Airplane noise. Quality of life and ability to work has degrade considerably since March 2015 due to airplane noise. Waiting anxiously to see a grocery store in Edgewood Plaza resume operation. The store, which was part of the Edgewood Plaza redevelopment deal closed down after operating for one year. Richard Yankwich in Crescent Park November 28, 2016, 2:10 PM Airplane noise, parking, infrastructure 1 Supporter Lee Christel in Midtown/ Midtown West November 28, 2016, 2:01 PM (1) Continue work on reduction of aircraft noise in all ways possible. Take legal action if needed. Fund city- wide noise monitors. (2) Enforce the ban on gas leaf blowers and amend to include any blower or tool that exceeds a noise 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 14 of 44 threshold. (3) Adopt at least a 2 year moratorium on expansion of office space (until traffic subsides to targeted levels). (4) Make the quality of life of residents already here the priority over expansion. (5) Close the Palo Alto Airport, or at least get rid of the noisy helicopter schools. 1 Supporter Brian Tucker in Leland Manor/ Garland November 28, 2016, 11:54 AM While I strongly appreciate the effort that the City of Palo Alto made to help the Select Committee on Airplane Noise (this is not the official name) recently, I know that the recommendations that that committee made to our Congressional Representatives are only a first step in addressing Palo Alto's unbearable airplane noise problems. I urge that the City continue to track this problem and to urge Anna Eshoo to implement all of the recommendations, including the creation of a follow-up body to implement long-term solutions. 3 Supporters marie-jo fremont in Leland Manor/ Garland November 28, 2016, 11:41 AM Airplane noise. The problem of airplane noise has been fully documented and recognized, and not just by the City. The Select Committee put in place by Anna Eshoo, Jackie Speier, and Sam Farr was a step in the right direction. If implemented, some of the Select Committee recommendations will help reduce the noise over Palo Alto a little. That is progress and the City's involvement in the process was critical to getting there. However, the City must continue to be involved to ensure that (1) the recommendations are indeed implemented, and (2) the big elephant in the room (e.g. the arrivals from the south) is being addressed (moving the track a little back to the historical ground track is shifting not solving the problem). 2 Supporters Name not shown in Midtown/ Midtown West November 27, 2016, 9:33 AM Two priorities for your list: (1) reduce jet noise and pollution (2) make a plan to address and eliminate the destructive effects of bay level rise on the community. Ronald Albrecht in Midtown/ Midtown West November 26, 2016, 12:23 AM 1. Infrastructure repair 2. Infrastructure maintenance 3. Infrastructure upgrades The first priority of the City Council is to protect and maintain the assets funded by our tax dollars. We must keep meticulous records of these assets with aging lists and maintenance schedules to avoid the need for additional taxes. Maintenance must be funded before all else. Council members must be required to schedule 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 15 of 44 walks around areas being discussed in Council meetings. Aging lists need to be provided by independent firms and delivered to the Council once every two years. Nothing can top an on site inspection of assets being discussed in Council chambers -- nothing. Thank you Jeff Rosner in College Terrace November 22, 2016, 10:41 PM 1. Aircraft noise; it's about the pervasiveness more than the peak noise, but the peak noise is, at times, life- altering 2. Emphasizing quality of life for residents, vs. bringing in more office buildings and filling them with commuters; encouraging retail in appropriate corridors to drive sales tax revenues, vs. continued residential developments along these corridors (e.g. condos on El Camino) 3. Comprehensive zoning review followed by a hard line on rejecting applications for variances. 2 Supporters Lou Marzano in Duveneck/ St Francis November 22, 2016, 3:53 PM Reduce jet noise 1 Supporter Mark Landesmann in Crescent Park November 21, 2016, 4:34 PM 1) The top priority, other than those that are part of the normal course of business, should be AIRPLANE NOISE, with specific suggestions as follows: a) Dedicate at least two full-time senior staffers to aircraft noise and pollution abatement for the City in close cooperation with its neighboring communities, which includes filing and pursuing (together with the City Attorney) administrative and legal complaints against airports, airlines, and other entities, for all violations of noise thresholds, as defined in the City's Municipal Code, and all violations of airplane toxin thresholds, as defined by the Federally-mandated National Ambient Air Quality Standards, unless the prospective defendant was entitled to said violations pursuant to Federal or State laws, rules, and orders, but especially if these violations also violate one or more of the Federal and State laws, rules, and orders (such as speed and altitude limits set forth by the FAA, EPA guidelines, and the 5th amendment to the Constitution of the United States), as determined, without bias or further implicit or explicit instruction, by the law firm the City has retained to advise it on these matters. b) Install a city-wide airplane noise and emissions monitoring system, in coordination with the SFO Roundtable, so that the City's measurements and standards can be compared to those that pertain to the fixed SFO monitoring stations furthest removed from the airport (those in Redwood City and the Marina), said Palo Alto monitoring system to be, however, managed and monitored by the City, with the results of said measurements published on the City website, allowing for retrieval of each the measurements, which exceed aforementioned 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 16 of 44 thresholds, no later than 24 hours after they are made, but preferably in real-time, and further allowing residents to subscribe to a daily or weekly email, which provides all measurements that exceed these thresholds, with respect to one or more monitoring stations as customized by the subscriber. c) Call by majority vote of the council, for a City-wide vote, as part of the next scheduled election, proposing to amend Article 2 of the City's Charter, replacing "The city of Palo Alto, by and through its council and other officials, shall have and may exercise all powers necessary and appropriate to a municipal corporation and the general welfare of its inhabitants" with "The City of Palo Alto, by and through its Council and other officials, has as its primary, foremost, and binding duty to reasonably exercise all powers necessary, and available to it by law and circumstance, to safeguard the life, health, and general welfare of all of its inhabitants." d) Continue the retention of the Freytag consultants, and publish any and all findings of the consultants on the City website. e) Before expending any monies on the planned expansion of the Palo Alto Airport, hold a referendum on it, and have the noise and emissions impact on East Palo Alto schools, residential, and recreational areas --- which are immediately adjacent to it ---, professionally evaluated. Set standards for gasoline usage, use of loud engines, and proximity of allowed flight paths to these areas, and of the allowed minimum altitude above Palo Alto residential areas (as per the practices of other local airports). 2 Supporters Nathaniel Sterling in Research Park November 21, 2016, 3:32 PM I urge you to take action to abate the public nuisance created by loud low-flying aircraft. Don't buy in to "the FAA made us do it" argument. No one is making the airline companies do anything. They're in it for their own profit and should be held accountable (as is SFO). If they are enjoined or held liable for their activities, they will speak and FAA will listen. 1 Supporter Micheline Horstmeyer in Midtown/ Midtown West November 21, 2016, 2:43 PM END THE JET NOISE OVER OUR COMMUNITY. This is a major health and quality of life issue. It is the number one issue facing our community. The City Council must address it and REDUCE THE JET NOISE AND POLLUTION! 2 Supporters Name not shown in Community Center November 21, 2016, 11:07 AM Priority one: Airplane noise has to be priority one. The constant aircraft noise has completely changed the Palo Alto noise levels. The FAA has pushed many of us indoors. While I understand decisions to move traffic over 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 17 of 44 Palo Also needs to be a shared burden, it seems overnight, we have hundreds of low level aircraft setting up for their final approaches. Priority two: Traffic light improvement at Town and Country / Paly Priority three: Speed control with Embarcadero traffic. 4 Supporters Byron Bland in Ventura November 21, 2016, 10:47 AM Air traffic noise and polution 5 Supporters Name not shown in Ventura November 21, 2016, 10:37 AM 1. Address traffic impacts (follow Stanford's successful TDM program) 2. Renew cap on new office development 3. Continue work with the Select Committee to address airplane noise over Palo Alto 4. Bicycle & Pedestrian Transportation Plan implementation 5. More Affordable Housing! 1 Supporter Lissy Bland in Ventura November 21, 2016, 10:26 AM 1. Jet noise and pollution 2. Jet noise and pollution 3. Low and moderate income housing 4. More bike paths 5. Jet noise and pollution 2 Supporters Maryanne Welton in Barron Park November 21, 2016, 10:25 AM Do everything you can to protect our region from non-stop noise and pollution from NextGen flight path. I am no longer able to sleep through the night because of the loud, low flights. It's the last sound I hear at night and the first in the morning -- and it goes on all day long. Continue work with Select Committee and every other approach to protecting our community and region from this change in flight path. 3 Supporters Name not shown in Greenmeadow November 21, 2016, 9:55 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 18 of 44 Stop jet noise over Palo Alto - a huge quality of life issue now. Traffic congestion Bike lane safety to Gunn HS 1 Supporter Daniel Lilienstein in Barron Park November 21, 2016, 9:01 AM 1.Noise pollution abatement: -from airplanes -from construction prior to regular work hours, especially from the VA Complex 2.Caltrain grade separation 3.Traffic congestion 1 Supporter Name not shown in Ventura November 21, 2016, 8:14 AM Stop jet noise - it's nonstop and intolerable. BMR housing. Grade separation for Caltrain. 5 Supporters Marcia Sterling in Research Park November 21, 2016, 7:41 AM Airplane noise over Palo Alto is our biggest priority. We used to have dinner in our backyard four or five months of the year, but it's no longer enjoyable with so many flights right over our house. We've recorded as many as 60 a day and they continue, low and loud, when we're trying to sleep at night. 5 Supporters Name not shown in Crescent Park November 21, 2016, 7:16 AM 1. Jet noise - especially at night. Sleep interruptions multiple times a night ruins health, productivity, etc. It's the most toxic thing right now in this area. It would be different if Palo Alto was situated next to / under a major airport and the people who chose to live here chose to be in major flight paths but that was never the case and it isn't necessary for this to be happening. This is a serious problem that shouldn't be taking this long to resolve. 2. Infrastructure to support growth must happen FIRST before ANY MORE BUILDING. (roads, parking, etc.) 3. Residents (and the needs of residents... lower income housing as just one example) should far out way the out of control business development/growth. 5 Supporters Name not shown in Palo Verde November 21, 2016, 6:09 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 19 of 44 I said "STOP JET NOISE" last year, and I will say this again this year "STOP STOP STOP JET NOISE !!!!!" 5 Supporters Name not shown in Duveneck/ St Francis November 20, 2016, 11:46 PM Absolutely airplane noise and pollution. 4 Supporters Name not shown in Downtown North November 20, 2016, 11:11 PM The number one priority for the City Council must be reducing the jet noise over Palo Alto. Our quality of life has been severly diminished by low and loud aircraft flying over our house 24/7. Our sleep is disrupted, and our health is being compromised. The constant jet stream is causing significant pollution & presenting a public health issue. 5 Supporters Name not shown in Barron Park November 20, 2016, 10:53 PM reduce air plane noise and subsequent pollution. especially reduce night time low flying planes. they present a health hazard by interrupting sleep. 3 Supporters Name not shown in Greenmeadow November 20, 2016, 10:52 PM I would set the following priorities, generally intended to strengthen neighborliness, improve diversity, and enhance our environment - subsidized housing for lower income city/school workers -- ideally purchase/convert commercial for this purpose (we have too much of commercial, too little of low-cost housing) - reduced airplane noise, enhanced parks, improved shuttles, transit/bike incentives -- better quality of life for all who live here - cap on office development, stronger enforcement of our asks of developers (parking, transit, public benefits, etc), higher taxes, generally more hostile environment to developers seeking to build office space, ideally encourage Palantir to move out 1 Supporter Name not shown in Community Center November 20, 2016, 10:41 PM The #1 thing I'd like the council to prioritize is reducing airplane noise. The NextGen FAA change led to a huge increase of noise - low, loud, and at all hours - over our house, to the point that my 5-year-old has nightmares 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 20 of 44 about planes flying into his room. The process to get the FAA to change their policies to reduce noise over residences where possible and spread the remaining noise equitably across communities has only just begun, we have to stay engaged. While this does not impact 100% of Palo Alto households, for the approximately 1/3 of us it does impact, it is very problematic. I'd also like to see us explore ways to support housing inventory growth in Palo Alto, and to demand balanced development plans (include parking and housing when we add office space). thank you 4 Supporters Ian Mallace in Midtown/ Midtown West November 20, 2016, 6:28 PM I would like the Council to join the SFO Roundtable and address the unacceptable levels of jet noise over Palo Alto. The FAA (presentations to the Select Committee on Jet Arrivals) confirmed that jet noise has been moved over Palo Alto from 2014 onwards. One route, SERFR, is an FAA procedure/controlled but the other 2 routes, Oceana and Bodega are "vectored" and under SFO/Air Traffic Control responsibility. 7 Supporters jeannie duisenberg in Community Center November 18, 2016, 11:47 PM Priorities: 1. Follow up on the Select Committee's airplane noise/pollution recommendations to see that Palo Alto and neighbor communities get relief from FAA's NextGen assault on our quality of life. It is no longer a pleasure to be in one's own backyard. 2. Deny projects with planned insufficient parking based on the theory that it reduces automobiles. Our transit network is neither adequate nor efficient enough to support the theory. 3. Develop housing for teachers, police, service providers and other non-tech workers--- i.e.housing for the middle class. 4. Work with PAUSD to encourage parents to allow their children to walk/bike to and from schools rather than be driven, to reduce traffic. 6 Supporters Shirley Wang in Ventura November 18, 2016, 7:40 PM 1) Stop the Jet Noises! 2) Reduce the traffic by shuttles 3) Clear the street by parking rules 4 Supporters Susan Thomsen in Duveneck/ St Francis November 17, 2016, 11:42 PM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 21 of 44 It is my hope that you will put advocating for the reduction of airplane noise in our City as a top priority. The Select Committee has done an excellent job; however, the work of alleviating the unconscionable noise above our homes in Palo Alto has just begun and needs strong advocacy from our elected representatives on the City Council. 10 Supporters Ken Powell in Barron Park November 17, 2016, 2:49 PM Please do what you can to stop or diminish the overhead noise from jets. These are mostly landing approaches to SFO. That has become a quality of life issue for those of us with residences under the flight path. 10 Supporters Jennifer Landesmann in Crescent Park November 16, 2016, 8:17 PM The City needs to make addressing airplane noise pollution a HIGH priority. Airplane noise interferes with the enjoyment of my home every day, pretty much any moment I'm outdoors, and airplane noise causes my sleep to be disrupted every night. Also waking me at dawn with incredibly LOUD planes as was this morning this Cargo flight - Nov 16, 05:01:36 KZ 109 (LAX:SFO B748 200k, 3350ft). The cargo flights are terrible. Besides noise, air pollution is as much of a concern. 8 Supporters Name not shown in Crescent Park November 16, 2016, 5:56 PM 1. Airplane noise 2. Traffic at commute times getting to/from 101 and east bay bridges 4 Supporters Corey Baker in University Park November 15, 2016, 10:16 PM I love that Palo Alto is such a bike-friendly city. I can get almost anywhere on the bike boulevard and streets with bike lanes. Please keep working to make the city better for bikers. More and better transit to San Fran and other cities. I don't own a car now and I would love to keep it that way. More shuttles and even more stations for bayareabikes would me amazing. Expanded (and updated) caltrain. So much of this is regional. What can we do with other cities? I am so surprised that we don't do more to restrict water use in the city. Aren't we still in a drought? I'd love at least more education around this. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 22 of 44 I'm so appreciative that the city is working toward being zero waste. There is SO MUCH work to be done. Can we do more education, ESPECIALLY in businesses, schools, and apartment buildings? Housing just seems like an impossible issue. I would actually love for the downtown to be more dense (at least for for teachers and first responders), allowing for folks to have a cultural center AND their quiet homes away from it. But that means impacts on traffic and parking. Can businesses and developers propose plans to limit car commuting when looking to set up shop? 2 Supporters Name not shown in Midtown/ Midtown West November 15, 2016, 9:01 PM We need more housing (and parking) to be built. There is not enough housing to keep up with demand. I personally don't notice any issues with airplane noise. 1 Supporter Name not shown in University South November 15, 2016, 8:43 PM Thank you to the Palo Alto City Council for requesting citizen input! These are some priorities I'm in favor of: - More housing (including BMR) near transit centers so more people who work in Palo Alto can live here. - Completion of proposed bike boulevards and other infrastructure (e.g. signage, sidewalk extensions) to make biking easier in Palo Alto. Preferably including grade or barrier-separated bike lanes. - Citywide fiber. - Grade separations for Caltrain (now that Measure B can help fund them). - Improve flow of traffic to parking in commercial areas. Parking availability signs? Consider making University or Cal Ave pedestrian-only. - Expansion of the Palo Alto Shuttle program. - Reaffirm our commitment to renewable energy and carbon neutrality. - Continue to protect beautiful, old-growth trees in the city. 1 Supporter Name not shown in University South November 15, 2016, 7:49 PM Reduce jet noise! 5 Supporters Name not shown in Duveneck/ St Francis November 15, 2016, 4:44 PM Expand our Shuttle program - Get the high tech companies to fund it.... I would like to ask the city to make the big companies that have office in Palo Alto fund the shuttle program so 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 23 of 44 that the city can add new routes, extend the current operating hours and add weekends to the program. This program when enacted would reduce traffic/congestion and parking issues that residents have to face every day visiting our beloved downtown or other major shopping areas. This is the least these companies can do since they have taken over our streets and parking. Pls check out Google's community shuttle program in Mountain View. 1 Supporter Adrienne Defendi in Community Center November 15, 2016, 4:41 PM The disturbing jet noise and the constant airplane traffic above our homes. 6 Supporters Name not shown in Crescent Park November 15, 2016, 4:27 PM I live in Crescent Park, and my top priorities for the council are: 1) Airplane noise!!! 2) downtown parking & traffic 2 Supporters Name not shown in Barron Park November 14, 2016, 5:54 PM As a long-time resident of Palo Alto I agree with all the others on this site who've singled out airplane noise as a huge threat to our quality of life. I would argue it should be the top priority of our new City Council and I urge them to make every effort to fix this as soon as possible. 4 Supporters Name not shown in Crescent Park November 14, 2016, 4:04 PM Top priorities: 1) airplane noise pollution over our homes 2) traffic (University Ave., along with most other major arteries in town) 3) housing for our teachers, fire and police persons 4) development without thinking of the long term repercussions of traffic, lack of housing and impact on the quality of life of residents 6 Supporters Bruce Crocker in Crescent Park November 14, 2016, 1:26 PM I would like to see more actionalble goals than those shown for 2016. My specific priorities in order are: 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 24 of 44 1. Solve the flooding problem at the Chaucer Street bridge. If that takes persuading individuals of the need, working iwth the federal, state, and local bureaucracy, or whatever it takes to get this solved. It is a disgrace citizens of Palo Alto, East Palo Alto, and Menlo Park are still at risk 18 years later. 2. Fix the downtown parking problem--short term with neighborhood parking for residents and guests and long term with a survey to determine how many people actually work in downtown commercial businesses (e.g. restaurants and shops) and offices, ther real percentage who commute by car to determine actual head count per square foot of space and the realistic number needing parking, and therefore how much parking is needed. Then enact policies that REQUIRE office developers to provide adequate parking for all tenants needs and guests. No more magical thinking. 3. Negotiate with Sand Hill Properties to find a grocery store for Edgewood Plaza. Higher penalties should provide them with an incentive to give Fresh Markets an incentive to negotiate better terms with prospective new tenants. 4. Maintain the residential quality of our city with defined and limited downtown/commericial districts. 5. Operate the city with cost effective budgeting and staffing to control and reduce spending. 6. Streamline the burdensome regulatory environment for home improvement and construction in general in Palo Alto. Benafsha I in University South November 14, 2016, 11:59 AM Hello, I would like to see the following priorities worked on during 2017: Reduce Airplane Noise Solve Residential Parking Issues Provide lower Tiered Pricing for charging electric cars at night (same as PG&E) Have a mechanism to track what is being worked on by the City of Palo Alto Thanks, Benafsha 1 Supporter MB Bieder in Downtown North November 14, 2016, 10:02 AM Airplane noise and pollution must be one of the highest priorities, if not THE HIGHEST for City Council in 2017. This issue is destroying the lives of many in the community and making life unlivable. I thank you for your previous effort in hiring a consultant to get good data and recommendations. You must be more aggressive in the next year to make sure Palo Alto's voice and recommendations are heard on the local and national level. 6 Supporters Name not shown in Midtown/ Midtown West November 14, 2016, 9:51 AM Dear City Council, 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 25 of 44 The top priority for the City MUST be the tremendous degradation of quality of life in Palo Alto due to the SFO and other air traffic. PALO ALTO HAS BECOME UNLIVABLE! Of course there are other quality of life issues. The residents just (re-)elected a pro-growth contingent. You MUST NOT let growth exceed the capability of the City to manage issues such as traffic, parking, noise, housing, etc. Growing business without sufficient ways to prevent clogging the few main traffic arteries and clogging our surface streets is NOT the answer. Providing more housing is terrific, but doing so without ensuring sufficient parking is a PIPE DREAM. You are WRONG to believe that people will live in housing without parking spaces. You have been WRONG before to allow business to expand without sufficient parking. You have created this problem. Don't expand it! Here are my top 5 issues you need to address: 1. Airplane noise (and pollution). 2. Quality of life (traffic, parking, housing). 3. Airplane noise (and pollution). 4. Quality of life (traffic, parking, housing). 5. Airplane noise (and pollution). Dave 2 Supporters Name not shown in Midtown/ Midtown West November 14, 2016, 7:46 AM The airplane noise has only gotten worse. If you live under the SERFR corridor, the flights now come less than two minutes apart during rush hours. We would like to see Council reaffirm that mitigation of this noise is a priority. If the Select Committee process does not yield results in a reasonable period of time, we encourage the city to pursue additional options including possible legal action. 8 Supporters Name not shown in Old Palo Alto November 13, 2016, 9:27 PM healthy city--decrease airplane noise and increase altitude as well as improve traffic flow on Embarcadero and El Camino, Middlefield from University to San Antonio, Oregon Expressway, remove 2-way bike lanes (very dangerous), prohibit back in style of parking (rearing into a spot--it takes too long to park and it causes parking traffic congestions), change parking angles at Stanford Ave by the DISH so we can park going in and not reverse (this is too dangerous, it causes danger to the cyclists and also causes parking congestion). As for 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 26 of 44 airplane--it's incredible how the city has been powerless in protecting its citizens sanity and peaceful living (quality of life). City staff and residents have been working hard and I am very appreciative, but there has been no improvements, it has actually gotten worse. 4 Supporters Name not shown in Crescent Park November 13, 2016, 8:30 PM Airplane noise must be a top priority! Planes are flying more frequently, every 2-3 minutes And lower, under four thousand feet. Our sleep, our quality of life Has been severely impacted Name not shown in Downtown North November 12, 2016, 11:14 PM The city is very far behind on park space that can be easily utilized. The city should create a separate fund that contains funds to purchase large tracts of available land for park space. Planning for large parcels that will become available should also be undertaken. For example the site that contains the "Frys" store is rumored to become available in a few years. This would be the perfect spot for a large park, playing fields, swimming pool or other amenities for residents. Planning and funding needs to start now if we are to provide needed park space for the city. Simplify the zoning code so that there are no exemptions for commercial developments! The outside footprint of the building should be used to determine FAR. No exemptions for stairways, closets, bathrooms, kitchens etc. Private homes have to count all covered areas and commercial developments need to be held to the same standards. Decrease FAR so that no commercial development can be larger than 2.0 for any reason. 1 Supporter Celia Boyle in Barron Park November 11, 2016, 11:02 PM Keep up the bike friendly changes which have been greatly appreciated: fix the turnstiles to allow for bike trailers, the turn stiles in the California street tunnel are ridiculously difficult to get a bike trailer through. More green sharrows marked on the roads. Please issue more tickets to all the blatant cell phone users who are driving. Enforce the leaf blowers ban. Please pass a no idling law. People idle their cars while staring at their cell phone. 1 Supporter Name not shown in Midtown/ Midtown West November 11, 2016, 11:54 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 27 of 44 * Reduce airplane noise * Stop trying to build BMR housing. It's impossible to build enough to balance supply and demand. It's a bottomless pit swallowing our tax dollars. * Limit buildings to four stories everywhere in town. * Don't let builders de-water a building site unless they can reclaim the water and use it for something good like landscaping or industrial processing. 1 Supporter Name not shown in Downtown North November 10, 2016, 10:32 AM 1. Higher density and smaller units housing along transportation hubs in downtown and Cal Ave areas as a way to combat through traffic. 2. A downtown development plan for University Ave and surrounding areas for commercial, entertainment, retail, and mixed-use. 2 Supporters Name not shown in Greenmeadow November 6, 2016, 8:28 AM Reducing airplane noise 7 Supporters John Dermon in Community Center November 3, 2016, 10:09 AM Grocery store in Edgewood Plaza. Amazon is planning on opening 2,000 grocery stores. Edgewood? Jeff Hoel in Midtown/ Midtown West November 2, 2016, 12:24 PM Make real progress on the goal of implementing a citywide municipal fiber-to-the-premises (FTTP) network providing (at least) 1-Gbps symmetric Internet service. In 2013 and 2014, Council adopted "Technology and the Connected City" (TACC -- a term for FTTP and wireless) as one of the City's priorities. In 2015, Council failed to make TACC a formal priority, after the City Manager said staff would pursue the fiber goal whether or not TACC was a formal priority. During the last few years, the City hoped Google Fiber would be good enough (even though it would not have had the advantages of a municipal network), but that option now seems to be dead. In 2017, please adopt the FTTP portion of TACC as a priority (but not the wireless part, because wireless has just been a distraction). Steven Baker in Midtown/ Midtown West November 2, 2016, 8:16 AM 1.) Build more housing and rezone for higher density where appropriate, e.g. in already dense corridors like cal 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 28 of 44 ave and university ave. Consider removing the height limit in those areas. 2.) Reduce or eliminate parking requirements next to public transit but require large employeers to create a TDM (traffic demand mangement) system that ensures people are taking public transit to work, or ask those employers to pay for parking spots in parking structures. 3.) Increase bike and pedestrian infrastructure. 1 Supporter Stan Hutchings in Old Palo Alto November 1, 2016, 6:32 PM Walking down the sidewalk on Rinconada Avenue with my granddaughter, we were enjoying the lovely fragrance of blooming star jasmine. Suddenly our noses were insulted by the combustion products of a gasoline powered leaf blower, our ears were assaulted by the screeching whine of the blower, and our eyes were watering from the dust and debris blown about. There is no reason for gasoline powered blowers in residential neighborhoods. In addition, they have been against the law for many years now. Even the lower-powered electric blowers are bad. They kick up a cloud of dust, debris, spores, pollen, etc. and have an annoying sound. For the health of our citizens, they should also be banned. We have asked our gardener to use the electric blower only for large flat areas: the driveway and the brick patio. We may ask him to use a rake or broom in the future. Perhaps it is time to levy a fine against the gardener as well as the homeowner whose yard is blown by a gasoline powered blower. With an increase for each subsequent violation. This should quickly put an end to gasoline powered blowers, or else provide the city with another revenue stream. 2 Supporters Name not shown in Palo Verde November 1, 2016, 3:52 PM Priorities: 1. Low-to-moderate Income Housing. There is no shortage of luxury housing so ultradense luxury housing is not needed. 2. Reducing the parking deficit: increase parking required so that with a density bonus, sufficient parking is available. Survey existing senior, low and moderate income housing, as well as condominiums, apartments, independent and assisted care facilities to determine actual parking requirements before allowing projects to reduce parking requirements based on consultant's "experience" in other cities. Use real data from Palo Alto residents. We have enough existing facilities to find out what existing residents are using. Seniors do drive. The working poor does drive. For example, survey the parking used by existing SRO hotel and Sunset assisted living facility residents and workers next to the lot at University and El Camino. How many park onsite? How many park on the street? It is unlikely that a market rate apartment building would use less. 3. Ensure all zoning requirements are met, including loading zones and compatibility with neighbors before approving any new developments. Do not allow new developments to eliminate sunlight from existing buildings. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 29 of 44 Ensure daylight plane requirements are enforced. 4. Reduce traffic first - then allow new building. Infrastructure should come first, not last. 5. Parkland: Before additional housing is built, ensure there is sufficient parkland to meet Palo Alto's requirements. 1 Supporter Name not shown in Research Park November 1, 2016, 11:51 AM 1) Continue to fight for significant reduction in SFO aircraft arrival noise from SERFR, BDEGA, and OCEANIC routes. 2) Scale back large developments that are too high, hug sidewalks, and provide inadequate parking (no offsets!). 3) Ease the building of 'granny units' on large lots. 4) Work with SCC to accelerate improvements at Arastradero/Foothill intersection 1 Supporter Joerg Rathenberg in Crescent Park October 31, 2016, 10:43 PM The single most important issue is to stop the jet noise from SFO over Palo Alto. If you live in the 1.5 mile corridor under the flight path nothing else really matters, as it makes living here extremely undesirable, unhealthy, and will lead to more people selling their houses to foreign investors who don't care, don't live here, and have no interest in this community. You may think this is an exaggeration, but it's happening already. 3 Supporters Name not shown in Crescent Park October 31, 2016, 4:39 PM I would like to see some really imaginative thinking by the Council and Staff. After all, we are the center of innovation, next to a university known for the same. Here are some ideas: 1. A traffic plan involving a combination of remote parking, jitneys on city streets and connecting neighborhoods with commercial/shopping areas, and street closures. Included in this could be many roundabouts that would speed existing intersection traffic, and a computerized red/green light system that would be responsive to ambient traffic flow. 2. Innovative housing that uses low use space for small apartments, co-living communities, and vertical space above low commercial structures. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 30 of 44 3. Research on solar energy generation from black-top streets; this could be a great project with Stanford. 4. Active planning in commercial areas for attractive architecture that is more integrated than the present pattern of glass and concrete inexpensive construction distributed randomly where land is available. (Town and Country is an example of this sort of idea; the new construction downtown is not. 3 Supporters Larry Kavinoky in College Terrace October 31, 2016, 4:35 PM I would like to see the city immediately increase housing in Palo Alto by finding a way to all existing granny units that are safe, even if not up to Palo Alto code, be encouraged to relieve our housing shortage and thus provide more affordable units. Palo Alto makes exceptions for zoning, height and density for all kinds of "public benefit" reasons. Lets do that type of thing now to begin to alleviate the housing shortage. Gary Gechlik outside Palo Alto October 31, 2016, 4:30 PM It is important to treat people equally and address real world needs. Right now, there is significant fire risk in the Open Space. Given the recent Loma Fire which destroyed multiple homes, Palo Alto needs to encourage defensible space management. Residents in the Open Space should be encouraged to follow Cal-Fire guidelines of 100 feet of defensible space. More work needs to be done on social equity for families. We have to be realistic and be careful not to substitute abstract goals and a specific agenda for well established and moderated property rights. We also have to be careful to follow federal guidelines, as Palo Alto, like all municipalities often receives matching funds and federal grants. For this reason, a moderate approach by Palo Alto with a goal of service to citizens is the best approach. Anna Wichansky in Green Acres October 31, 2016, 1:38 PM 1. Decrease traffic, crowding, parking hassles. This means stop new building ASAP. The only things that should be built would be replacements for existing buildings. The reason people used to want to live in Palo Alto was because it had nice residential neighborhoods. I don't think we need another start-up or coffee place or hotel anywhere in Palo Alto. 2. Find a way to decrease the overhead plane noise. It is a reminder day in and day out of how much everything has changed in Palo Alto. No longer quiet even at night. We need to gain some traction over this problem. The big time politicians are not solving the problem; absolutely nothing has changed since they started flying NextGen flightpaths over our heads. 3. Pick up garbage all over the city. Pick it up even if it isn't the city's "jurisdiction". I'm talking about the feeder ramps and bridges to Oregon Expressway, Embarcadero, San Antonio. The same garbage has been laying there for months. If you need to work with Caltrans, do it. It reflects on our city, it's spreading to our local streets, and the city is starting to look like a garbage dump along major thoroughfares. It also fosters an I-Don't-care 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 31 of 44 attitude on regular streets, which I see much more garbage around the schools and parks. If needed organize a citizen clean up day and close the access roads so we can all get out with garbage bags and get rid of this stuff. Joel Davidson in Barron Park October 31, 2016, 1:13 PM I have been waiting for many years for the city to have city wide wifi. Traffic is getting worse daily. It takes between 15 to 20 minutes to get to 101 or 280 from my house in south Palo Alto near the El Camino. 1 Supporter Sharon Dickson in University South October 31, 2016, 1:10 PM Infrastructure needs to be very high priority, particularly for pedestrians and cyclists. Many streets and sidewalks still need serious repair. New lighting is inadequate for nighttime walking. The streets are lit, but the sidewalks are in shadow and present trip hazards. Sewers do not adequately drain streets during wet periods. University overpass is way overdue for renovation. Name not shown in Crescent Park October 31, 2016, 1:02 PM The top priority for the City Council should involve addressing the erosion of the quality of life for Palo Alto residents. Palo Alto is no longer a desirable place to live. Two factors that contribute to this erosion should be addressed immediately by the City Council. First, the intolerable and incessant whine of aircraft overhead must be eliminated in order to restore any sense of peace and quality of life to our city! Second, the aggressive takeover of downtown by office buildings and developers has to be stopped. Additionally, the encroachment of employees parking into the surrounding neighborhoods has to be reversed and resident only parking implemented. Our neighborhoods are now parking lots for employees with the consequence of increased traffic and decreased safety. Greed and an aggressive type of competitiveness appear to be the city's values rather than a concern for quality of life for residents. Finally, of course, addressing the yearly threat of flooding would be welcome! 3 Supporters Valerie Stinger in Palo Verde October 31, 2016, 12:18 PM The 2016 priorities remain unfinished and important. So I wonder if process is as important as priority. I would urge the new council to focus, commit to a planning schedule. For myself, the priorities are housing and transit. How do we accommodate diversity? How do we progress to a transit system, which does not center on automobiles? 1 Supporter Sheri Furman in Midtown/ Midtown West October 31, 2016, 12:17 PM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 32 of 44 The 2016 priority “The Built Environment: Housing, Parking, Livability and Mobility” was overly broad and should be redefined into separate priorities, which would help achieve “Livability.” • Transportation: Realistic TMA, require fully parked projects, residential shuttles, strict RPP programs • Housing: Below market housing, Airbnb, ADUs, redefine mixed use to favor housing over retail • Complete the Comprehensive Plan Update and zoning updates (retain office cap, protect ground-floor retail, reduce condition use permit allowances, increase code enforcement) • Infrastructure Geri Spieler in Midtown/ Midtown West October 31, 2016, 11:55 AM There are many issues for every community, however, for me, an issue not being well addressed is the incessant jet noise over our city. It appears with all the meetings and comments; nothing is being done. Besides being an annoying issue, it is also a health issue. We didn't have this problem several years ago, so how did the FAA get permission to do this without input from the communities that are affected most? 2 Supporters Name not shown in Palo Verde October 31, 2016, 11:17 AM Lower utilities bills. And, yes, I do think those full color flyers that come with my bill are a waste! Shelly Gordon in Green Acres October 31, 2016, 11:09 AM Consider passing an anti-idling ordinance to help reduce air pollution and improve air quality. More than 40,000 tons of carbon are emitted daily in US cities from drivers sitting in parked cars with their engines running, while texting or engaging in other activities. Turning off and starting gas-powered engines reduce gas consumption, green house gas emissions, and wear and tear on engines. Parents picking up elementary school children are the biggest offenders. Sometimes they wait 10 minutes for their children with their engines running, spewing particulate matter into the air and contributing to respiratory illness, especially asthma in children which is on the rise. Cities throughout the US have anti-idling ordinances that are effectively educating drivers on the benefits of not idling. So working models already exist, as well as a number of public relations materials to change this unconscious behavior, making it easier to implement. 3 Supporters Shannon McEntee in Evergreen Park October 31, 2016, 10:53 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 33 of 44 1. We need frequent, convenient and reasonably priced transportation to SFO. Trains: we need to see a huge improvement in frequency including early morning and late nighttime trains. Buses: we need frequent buses to SFO every day, including early morning and late night. Our airport access is unforgivably poor considering our traffic and air pollution problems. PA must work with the various transportation authorities to improve this deplorable situation. 2. Reduce Noise: Our city is now so noise polluted that it's almost unbearable. Planes, street sweepers, garbage trucks, recycling trucks, honking cars -- it NEVER stops. Begin to replace noisy vehicles with electric- powered vehicles. 3. Honking car noise: NYC has an ordinance that fines people for car honking. Most of the cars on our roads honk loudly when they lock their doors, unlock their doors, and when they hit the wrong button on their key. Solve this problem - cars don't need to honk loudly all the time. They can chirp softly. 4. Crack down on speeding cars in our neighborhoods, rolling through stop signs and ignoring red lights. We want a courteous and safe city. 5. Fix the roads that cross the train tracks so traffic doesn't have to stop every time a train goes by. Trench the tracks or trench the roads, but we must eliminate the needless delays, traffic congestion, added air pollution, and the stress associated with our inadequate road system. Will it be expensive? Yes, but we need to do it. 6. Keep making improvements to our bikeways and continue to encourage adults and children to get out of their cars and bike, walk, or use public transportation. 7. Figure out how to monitor and invoice water consumption in multi-home and multi-office buildings. In my 55- unit condo building, the HOA pays the water bills and individuals aren't held accountable for their water usage. When people have to pay, they reduce their waste. This drought is not going to end. We need to make changes to reduce water use and we need to start now. We also need to incentivize new methods to capture rainwater and greywater in order to water our trees and gardens -- rather than wasting precious potable water. Joe Baldwin in University South October 31, 2016, 10:52 AM HOUSING: 1. Allow Granny units built for family members or as BMR units. 2. Require 25% BMR units on all housing development of 4 or more units. PARKING: 1. Require 100% parking provided for all new commercial development. 2. Raise current downtown RPP employee permit goal from zero to 1,000 with support from both Neilson Buchanan and Chamber of Commerce. 3 Supporters Bob Moss in Barron Park October 31, 2016, 10:45 AM These are my suggestions for 2017 priorities: 1) Infrastructure 2) Long term financial planning 3) Impacts of commercial and residential development 2 Supporters Dov Shiffman in Duveneck/ St Francis October 31, 2016, 10:42 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 34 of 44 Please address aircraft noise 1 Supporter Steve Ludington in Palo Verde October 31, 2016, 10:36 AM Get serious about promoting cycling instead of driving. This means bike routes that are separated from auto traffic and it means spending a lot of money. 3 Supporters Darryl Fenwick in Downtown North October 31, 2016, 10:33 AM I can't believe there has not been a single statement I have noticed which has mentioned the homeless and beggars on the streets of Palo Alto. Addressing this problem is not the same as addressing affordable housing (which should also be a top priority). Almost every block on University has someone begging and homeless, and it is often the same people day after day, month after month, year after year. This is clearly something where the city could make a huge impact in someone's life. And I am surprised by the number of comments about the airplane noise, especially if they don't consider that planes that don't fly over Palo Alto necessarily fly over another city. The solution requires a regional balance and we need to be able to agree upon our fair share of plane traffic overhead. 3 Supporters Briggs Nisbet in Palo Verde October 31, 2016, 10:31 AM 1. Cumulative ambient noise in the residential neighborhoods is increasing and increasingly unhealthful. This includes nearly constant commercial jets at low altitudes overhead, leaf blowers and power tools related to tree trimming, housing construction and other activities; other types of aircraft including private planes and jets, helicopters, military aircraft; even the street cleaning vehicles approach the sound levels of overhead aircraft. 2. In South Palo Alto the amount of housing demolition and construction is increasing rapidly, adding to noise and traffic disruption and, ultimately changing the character of the neighborhoods. Small, relatively "affordable" one-story houses are being transformed into large, multi-level structures that cover most of the residential lot, in many cases loom over their next door neighbors, and radically change the landscape, including fewer and smaller trees, the addition of lawns and watering systems, and, I assume, increase energy and water use. How can the city address the issue of "affordable" housing and not consider the exchange of less-expensive exisiting housing stock for new, larger housing units that are likely twice as expensive and house the same number of people? 1 Supporter Name not shown in Duveneck/ St Francis October 31, 2016, 10:15 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 35 of 44 The jet noise is intolerable. The frequency and volume is disrupting our lives. I cannot work at home because I can't concentrate, I get woken up multiple times a night unable to block out the noise, we don't hang out in our yard much any more every few minutes the belly of a plane is right over our heads and one can't even carry on a conversation without stopping to let the planes pass. I can't imagine the quality of the air we breathe is any good with constant jet fumes spewing at such a low altitude. It was not like this when we first moved here to Palo Alto, and I hope the City will make it a high priority to ensure the FAA creates more reasonable flight paths instead of directing a disproportionate number of flights over Palo Alto. 2 Supporters Name not shown in College Terrace October 31, 2016, 2:41 AM 1. More Low Income and Affordable Housing and programs for all ages but specifically seniors. Leaving nobody behind. 2. More opportunities to hear each other, learn from each other, get to know each other. 3. More opportunities for local groups and neighborhoods to work with each other and guests, through temporary residencies by outside artists, scientists, and others that can help us learn and look beyond what we expect or already know and that create participatory projects to enrich the social, economical, and creative quality of our living together. 1 Supporter Amy Christel in Midtown/ Midtown West October 29, 2016, 11:01 AM Rather than a vaguely defined topic like "Healthy City" focus on issues that contribute to ill-health in our city. Air quality and "Soundscape" are big QOL issues. Address noise and air pollution sources with better ordinances and better enforcement; monitor aviation noise and chemical pollution from both commercial jets and General Aviation (PAO), ban leaf blowers, address horrendously noisy garbage trucks and street sweepers (invest in quieter machinery or better maintenance of current), curb train horns in overnight hours. Ban the sale of leaded avgas at PAO effective 2018, and insist that fuel vendors there offer Swift 94 (unleaded gas) as a contingency of renewed leases. Work with the FAA to reduce the overflights of GA aircraft approaching PAO and SQL over neighborhoods, and limit the training operations at PAO which force arriving/departing air traffic over residential populations. On the issue of housing, don't assume cars will not come with new housing. Require developers to provide complete parking. Re traffic and congestion: STOP the office growth. Period, no exceptions. Enough jobs. Wait 50 years for the housing to catch up. 1 Supporter Name not shown in Community Center October 27, 2016, 9:41 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 36 of 44 The jet noise is unbearable, quality of life has plummeted. Palo Alto will no longer be "a little gem of a city" if the noise persists and if, as expected gets worse with continued next gen implementation. Please continue your substantive support via consultants and direct support to Sky Posse Palo Alto. Get the city on the SFO roundtable. Push back on the politicians waving hands about 'not moving noise' (the noise has been moved, to us). Let's get this fixed. For us. For our neighbors. 1 Supporter Mel Kronick in Crescent Park October 22, 2016, 5:56 PM More support for mass transit, especially more capacity on Caltrain. Work with Menlo Park and Redwood City to reactivate the rail line that connects Redwood City to East Menlo Park (very near Facebook with its thousands of employees) and then on across the bay south of the Dumbarton Bridge. 1 Supporter Michelle Arden in University South October 21, 2016, 5:45 PM Please address aircraft noise as a priority for the community. In the past several years, aircraft noise has increased to the point where it significantly impacts my quality of life, and that of my family. 2 Supporters Name not shown in University South October 21, 2016, 12:16 PM Please consider the airplane noise problem a priority for the city council. About 1/3 of the citizens are experiencing it and the children suffer daily at school. 2 Supporters Joan Hancock in Old Palo Alto October 20, 2016, 12:58 PM As I walk around our neighborhood...I'm saddened by the empty dark houses that are like holes in the neighborhood. I know New York and London have the same situation with out of town property investment that is held as a commodity. Could Palo Alto have an ordinance that houses have to be occupied at least half the year? Just wondering...Joan Hancock Name not shown in Community Center October 20, 2016, 11:42 AM The incredible increase in airplane noise over the past year must be addressed - this is a serious quality of life issue and also could affect property values. Also traffic safety (cracking down on speeding and red light running) and bicycle route safety need addressing. Fix the traffic mess at Embarcadero and Town and Country/Paly -- it's no better than it was. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 37 of 44 2 Supporters Name not shown in University Park October 20, 2016, 10:34 AM 1. Development cap in all of Palo Alto until we've solved parking and traffic issues 2. Crackdown on residential burglary/auto theft 2 Supporters Name not shown in Midtown/ Midtown West October 19, 2016, 10:14 PM My opinions on top 2 city priorities: 1. Funding and executing infrastructure improvements 2. Public safety - apply more resources to traffic enforcement and crackdown on residential burglary/auto theft Please do not put city resources towards building more/BMR housing. It is not the responsibility of the city to ensure everyone who wants to live in PA can do so. There are lots of places I would like to live or own a home but I don't expect those cities to subsidize my ability to live there. Name not shown in Green Acres October 19, 2016, 10:10 PM By far the most important issue for me is the elimination of the constant barrage of loud, annoying, intrusive aircraft noise that has been occurring at my home since Mar. 2015. 1 Supporter Name not shown in Midtown/ Midtown West October 19, 2016, 9:23 PM Please find a way to reinstate traffic enforcement. The speeding, red-light running and stop-sign running is such a huge problem. If people thought they might get ticketed for these infractions, maybe it would help discourage it. Our streets are becoming like a free-for-all and are not safe places for bikers or pedestrians. 2 Supporters Stephen Rock in Charleston Terrace October 19, 2016, 9:17 PM Reducing single occupancy auto traffic. 1) Public Transportation should be a very high priority. Getting people to their jobs, to shopping, to entertainment. a) Much more frequent bus service and many more routes. Faster service (dedicated lanes) Perhaps follow the model of the Stanford Margarete system. bus routes to California Ave Cal Train. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 38 of 44 b) Frequent Minibuses, perhaps private, along designated routes. This is done in many countries. b) Increased Cal Train c) Coordinate with neighboring cities. e.g. route between Palo Alto and Menlo Park. 2) Shared Taxi service/minivans from Train Stations and Bus stops to work places. 3) Designated parking places for car pools (as at Stanford). 4) Designated parking for small cars. Put large vehicles on the top of the garages. 5) University Av pedestrian only. 4 Supporters Name not shown in Midtown/ Midtown West October 19, 2016, 9:15 PM Highest priority should be to reverse the FAA NextGen action that flies 330+ jets low and loud over Palo Alto daily. Next priority should be to join the suit brought by Portola Valley residents against FAA. Next priority should be to demand a seat at the FAA metroplex round table to ensure that Palo Alto has a voice given the disproportionate impact on quality of life that 330+ daily jet overflights has brought. The city should add 3-4 viable and welcoming fenced dog areas in Palo Alto city parks. 1 Supporter Angela Holman in Downtown North October 19, 2016, 8:10 PM I would like to know which, if any, of these priorities include addressing the serious housing problem in Palo Alto. Those of us who are renters have no protections against enormous rent increases, making it virtually impossible to maintain any kind of economic diversity in the area. In addition to renter protections though, I'd really like to see more of an emphasis on low-income and affordable housing development. As the cities around us continue to allow company growth to outpace housing stock, people are getting pushed further and further out and making traffic worst for everyone. Again, how will these priorities address housing needs? 1 Supporter Name not shown in University Park October 19, 2016, 5:55 PM Creating more housing needs to be a number one priority. Any way the council can change the requirements to incentivise smaller dwellings, granny units and other creative ways to increase housing should be considered. using technology to improve parking accessibility is also a worthy endeavor. 4 Supporters Name not shown in Downtown North October 14, 2016, 10:40 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 39 of 44 More housing, more housing, more housing. Everything else is a distant second. 1 Supporter Rachel Croft in Southgate October 14, 2016, 9:05 AM I would like the city to take as a top priority making Palo Alto a more bike friendly place. This should include considerations for bike safety (including providing separate roadways for bikes, ensuring cars can't park near intersections, and putting better separation rails in places where bikes are near fast-moving cars like Embarcadero Caltrain underpass) and bike parking. The city should consider both adult and kid bike drivers in their plans. 4 Supporters Patama Gur in Old Palo Alto October 13, 2016, 1:32 PM Preserve ground floor retail at least two blocks off University Ave and keep California Avenue zoned for local, non-chain businesses. Better balance the needs of existing local residents with growth initiatives especially around parking and traffic concerns. 2 Supporters Hamilton Hitchings in Duveneck/ St Francis October 11, 2016, 4:19 PM 1) Complete the Comprehensive Plan Update 2) Significant progress on Infrastructure: Public Safety Building, new Parking Garages, Newell St. Bridge & Fire Stations Seismic Safety 3) Extend zoning changes to favor housing over office (extend and strengthen office cap, rezone some office to residential, TDRs for residential only, more focus on below market housing, try to save Bueno Vista, more focus on mitigating development impacts on neighbors, traffic and parking, etc...) Anne Gregory in Midtown/ Midtown West October 9, 2016, 11:10 PM 1. Unbearable jet noise and pollution. Everything else is is a distant second. My partner's asthma is awful now and we can't stand the noise. 2. Keep the 50 foot height limit and the office cap, and encourage Palantir to move out. 3. Ghost houses: follow Vancouver's lead and levy a large tax on real estate purchased by foreigners, and use that money to fund affordable housing for city workers only. 4. Grade separation. 5. Traffic enforcement. Speeding cut through traffic on my street, Loma Verde Ave, has made my home noisy, polluted and dangerous. 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 40 of 44 1 Supporter Name not shown in Evergreen Park October 9, 2016, 5:48 PM My highest priorities for Palo Alto center around quality of life: safety - traffic law enforcement (speed limits! stopping at stop signs) and parking (parking permits in neighborhoods near commercial areas) 1 Supporter Irene Au in Evergreen Park October 9, 2016, 4:16 PM - Preserve quality of life for existing residents by addressing transit and parking issues. Evergreen Park in particular is suffering without an RPPP. Please implement an RPPP and commit towards a 100% phase-out of employee parking in the neighborhood within 5 years. - Commit to ground-floor retail and grow and keep local businesses in our community - Encourage businesses that help foster community and serve as gathering points for people / places of attraction; we need to serve not just one particular demographic but different places for people at different stages of life (e.g. teens, young adults, young families, middle-aged adults, seniors) - Make walking and biking around the city easy, accessible, and safe - Create a sensible architectural review process that promotes great design and aesthetics -- please prevent monstrous UGLY buildings like the new development on El Camino between College Ave and Stanford Ave!!! (Does *anyone* think that yellow building with the phallus looks good?) - Reduce airplane noise 2 Supporters Michael Hodos in University South October 8, 2016, 4:27 AM Adopt the following tenet as an overarching operating principle for each and every proposal considered by City Staff and the City Council: "How will this proposed change help maintain and/or improve the quality of life for the residents of this community?" 3 Supporters Jean Libby in Community Center October 7, 2016, 9:06 AM I would like to take this opportunity to thank the Palo Alto City Council for their dedication to the community and thoughtful stewardship. This is a group statement and to each individual as well. As a low-income homeowner struggling to remain where I have lived for 50 years, I earnestly seek equitable proposals that do not devalue my property. 1 Supporter Name not shown in Crescent Park October 7, 2016, 5:46 AM 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 41 of 44 Reduce the number of city staff in proportion to residents, to match the ratios of surrounding high-performing cities. Reduce the number of management layers in city staff to match the "management span of control" of surrounding high-performing cities. A staff reduction of about 30%, if done on a merit basis (not seniority), would: - Free funds to pay for improved roads, parks, and other services. - Improve staff responsiveness by reducing bureaucratic steps. - Prevent our future bankruptcy that will result from growing numbers of retired staffers on high pensions that are funded by an essentially constant number of residents. 5 Supporters Andrew Sharpe in Downtown North October 6, 2016, 7:07 PM Street repair, bicycle lanes, traffic calming on Everett, 4 way stop signs at Everett and Bryant, and Everett and High. Invest in the folks that live here and pay for these things! 1 Supporter Stephen Rosenblum in Old Palo Alto October 6, 2016, 6:47 PM Commit to achieving a carbon neutral environment as soon as possible, including transportation. As a part of this commitment, the city should make a plan o implement Mobility as a Service for all residents and workers in Palo Alto. 2 Supporters Name not shown in Midtown/ Midtown West October 6, 2016, 4:34 PM 1. Reduce airplane noise 2. smart way to monitor water consumption. For example, monitor consumption from phone rather than looking at the hard-to-get-to-outdoor meter 3 Supporters Name not shown in University South October 6, 2016, 2:38 PM Traffic enforcement for motor vehicles, bicycles, pedestrian , and special attention to heavy construction vehicles on residential streets. Public transportation that is also green, a la Marguerite; push employers to provide discounted public transit passes, and design the transit to meet the needs of the people. Conservation incorporated in all new construction and remodeling: more solar panels, etc. Cease allowing commercial building without adequate parking. The "public benefits" never seem to materialize, 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 42 of 44 but the parking problems do. Jane Volk-Brew in Duveneck/ St Francis October 6, 2016, 11:39 AM 1) increased traffic enforcement on city streets, i.e., drivers who speed and/or run or disregard traffic signals; 2) Sand Hill Properties' lack of compliance with the planned community requirements of Edgewood Shopping Center; 3) noise from low flying helicopters and general aviation aircraft arriving at and departing from the Palo Alto airport; 4) noise from airplanes inbound to SFO and SJC; 5) improved street cleaning, especially in bike lanes on city streets and at the baylands. Name not shown in Leland Manor/ Garland October 6, 2016, 11:38 AM Everyone is 'connected' to their electronic devices in their daily lives particularly in their homes. It's essentially that we keep up the infrastructure to meet the current as well as anticipate the future demands. Additionally, we currently have very limited choices, with Comcast essentially holding a monopoly albeit on a suboptimal service which is sometimes reliable. I'd like to see a city wide push towards Fiberoptic internet. It's already available throughout many condo buildings in SF and really game changing, particularly for those of us who want the flexibility to do data intensive work at home. Even for casual users, having consistent super high speed internet really is time saving, whether for school related work, doing things related to one's occupation, or just entertainment. I've seen reports of the city looking into fiber whether Google fiber or some other company. I think it's time to make a push forward and come up with a plan that can be acted upon in a short term (3-5 years go-live goal?) to make fiber available to all residents. We are in the center of Silicon Valley, a technological epicenter. Many other small cities in the midwest and elsewhere have passed us in this internet infrastructure investment. It's time for us to catch up and keep relevant to all the exciting technological activities and resources going on in the Bay area. 1 Supporter William Brew in Duveneck/ St Francis October 6, 2016, 11:11 AM Priorities: reduce airplane noise, solve Edgewood Shopping Center problems, stop red light and stop sign runners. Frankie Farhat in Green Acres October 6, 2016, 10:45 AM Here are my 4 priorities: - Airplane noise - Help reduce it and make sure it remains low. The current situation is unjust and untenable for those like me who now live under both the SERFR route and the hundreds of vectoring planes. - Airplane noise - Please start considering what legal actions are available to the City of Palo Alto either if the select committee does not come up with recommendations or if the FAA does not implement procedures that will help us. Note that according to the city noise ordinance in Palo Alto, if I use a gas-powered leaf blower 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 43 of 44 anytime during the day, or if I do construction work before 8am, after 6pm, or anytime on Sundays, I am punishable to up to 6 months in jail, up to $1,000 in fines or both. May I suggest that the City of Palo Alto review and update their codes and use the legal tools in their power to ensure that airspace violators are properly fined and prosecuted. Furthermore, I'd like to suggest that we start such process with the top offenders like Asiana OZ 286 and Korean Airlines KE 213 who fly low and loud, every night typically around 12:30am. - Airplane noise: study the impact on health (physical and mental), learning, and properties value. - Airplane noise: denounce publicly the impact of Nextgen on the Palo Alto community, in order to help raise awareness at the national level and grow the pressure on FAA and Congress to do something right for all of us who now live on Airport runways. 7 Supporters Name not shown in Charleston Terrace October 6, 2016, 10:37 AM Regenerating Nature in the City 2 Supporters Glenn Fisher in Charleston Terrace October 6, 2016, 10:19 AM Priority 1: The balance between offices/jobs and residents/housing is critical. Palo Alto is flooded by people who work here but don't live here, and it contributes to congestion. At the same time, housing is expensive and the Planning Commission, Architectural Review Board and Council create a long, expensive, and time- consuming path to new construction; restrictions on in-law units limit housing choices. We need a well-thought out comprehensive plan that addresses these issues, and a council that city government that directly conform to the plan so the requirements and process are clear for everyone. We also need a way to encourage high- density housing while confronting the transportation issues and realize that cars are not going away. So related priority 1A: Clarify, codify and streamline the process of approving remodels and new construction. The current process is broken and more often (for remodels) ignored because it is so complex and expensive. Priority 2: Infrastructure. We have to replace old sewers and utilities, maintain our parks, and also our urban forest. These all have a cost and time constraints that must be addressed. 2 Supporters 2017 Council Priorities What are the priorities you would like to see the City Council adopt for 2017? All Registered Statements sorted chronologically As of December 23, 2016, 1:51 PM http://www.peakdemocracy.com/4065 Page 44 of 44 City of Palo Alto (ID # 7618) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/9/2017 City of Palo Alto Page 1 Summary Title: Authorize City Manager to execute and file an application for $1.085M FTA Mobility Grant Title: Adoption of a Resolution Authorizing the City Manager to Execute and File an Application on Behalf of the City of Palo Alto to the Federal Transit Administration (FTA) for the Management of and Participation in a Grant Award to Enhance and Evaluate a Comprehensive Technology/Policy Solution Called Fair Value Commuting (FVC), Designed to Reduce Traffic Congestion From: City Manager Lead Department: City Manager Recommendation Staff recommends that the City Council: authorize the City Manager to execute and file an application for federal assistance on behalf of the City of Palo Alto with the Federal Transit Administration (FTA) in support of the City’s Fair Value Commuting (FVC) proposal to the FTA’s Mobility on Demand (MOD) Sandbox (see attached resolution); authorize the City Manager to develop contract terms with FTA; authorize the City Manager to develop agreements with participating agencies and specified contractors; and direct staff to return to Council for approval of final contract documents. Background Palo Alto is known as a climate leader with a strong environmentally active resident base. But Silicon Valley loves cars; the regional single occupancy vehicle (SOV) rate is 76%.1 As a result, Bay Area traffic congestion is the second worst in the US (after LA).2 This chokes economic prosperity and puts the US technological 1 WP Chapter 2. www.cities21.org/wp.pdf 2 https://mobility.tamu.edu/ums/media-information/press-release/ City of Palo Alto Page 2 leadership sector at risk. Additionally, approximately 65% of Palo Alto’s total greenhouse gas (GHG) emissions are generated from road transportation.3 Managing and participating in the FVC program aligns with the City’s Sustainability and Climate Action Plan (S/CAP) by helping it work towards rethinking mobility and transforming regional transportation infrastructure. This funding will enable the City to take proactive steps, in collaboration with regional partners, to advance traffic mitigation and GHG reduction strategies. Discussion In conjunction with Joint Venture Silicon Valley (JVSV) and 31 Consortium Supporters, the City of Palo Alto has been awarded a $1,085,000.00 grant to administer, manage and participate in the Fair Value Commuting (FVC) Program. FVC is a public/private sector partnership program that has the potential to reduce single occupancy vehicle (SOV) commute share from 75% to 50%. Scaled Bay Area wide, this program has the potential to reduce 1M car trips per day and 3.4B vehicle miles traveled (VMT) per year. The project will: a) collaborate directly with vendors that contribute to FVC by enhancing software/hardware feature sets and interoperability, b) pilot FVC at 11 employers with more than 27,000 employees, and c) collaboratively analyze commute patterns and develop/pilot gap-filling strategies such as peer-to-peer ridesharing and e-bike/scooter loan-to-own. The initiative is summarized in Attachment B. FTA provided notice in October 2016 that Palo Alto and its partners were one of eleven recipients approved for this program. Development of the cooperative agreement with FTA represents the next step in this grant process. FTA requires the attached authorizing resolution to permit them to actually award the grant. Staff will return to Council with the cooperative agreement and contracts with partnering organizations, after receipt of the formal award. As the grant continues and the timing of the expenditures and reimbursements becomes more certain, adjustments will be brought forward as part of the development of the FY 2018 budget as appropriate. Resource Impact 3 City of Palo Alto S/CAP page 6. . City of Palo Alto Page 3 FTA funding will provide Palo Alto $250,000 in support of Commuter Wallet, $100,000 in support of a project manager and grant administrator, and will provide Palo Alto TMA $40,000 in support of low income commuter “gap filling.” Oversight of this work will require a modest time commitment from Palo Alto’s Chief Sustainability Officer and Chief Transportation Official as well as minimal administrative time. The current resolution has no resource impact. Policy Implications This initiative is in alignment with the Sustainability and Climate Action Plan (S/CAP) approved by City Council on November 28 2016. Environmental Review The project is categorically exempt from the California Enviornmental Quality Act (CEQA), per Section 15306 (basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource). The project may lead to recommendations for subsequent projects or programs, which will be separately reviewed under CEQA prior to approval, adoption or funding. With regard to NEPA, staff anticipates that FTA will determine the project to be categorically excluded under Section 5312 (research projects with limited scope). Attachments: Attachment A: Palo Alto_MOD Sandbox Summary (PDF) Attachment B: Resolution authorizing the filing of applications with FTA (PDF) Mobility on Demand (MOD) Sandbox Summary Page 1 of 2 MOBILITY ON DEMAND (MOD) SANDBOX City of Palo Alto Bay Area Fair Value Commuting Demonstration TEAM, BUDGET, AND WAIVERS Key Partners: Joint Venture Silicon Valley Network, Redwood City, City of Fremont, City of Mountain View, San Mateo County, City of Cupertino, RideAmigos, Luum, Moovel, Lyft, GenZe, EcoReco, Microsoft, Google, Commute.org, C/CAG, samTrans, VTA, Bay Area Council, Transportation for America, Palo Alto Transportation Management Association (TMA), SPUR Project Supporters: State Assembly District 22, Bay Area Air Quality Management District, Governor’s Office of Planning and Research, Metropolitan Transportation Commission, Silicon Valley Leadership Group, Transform, Sierra Club, and Association for Commuter Transportation – NorCal Chapter Budget Summary: The budget from the applicant is summarized below: MOD Sandbox Demonstration Federal Amount ($) MOD Sandbox Cost Share ($) Total Cost $1,085,000 $1,964,800 $3,049,800 INNOVATION: PROJECT APPROACH The proposed solutions seek to reduce Bay Area single occupancy vehicle (SOV) commute share from 75% to 50% through a Fair Value Commuting (FVC) solution. Stanford University’s commute program provides the conceptual FVC starting point. Stanford reduced SOV from 75% to 50% (with transit share increasing from 8.0% to 31.1%), eliminating the need for $107M in new parking structures. FVC consists of five components: Component #1: Enterprise Commute Trip Reduction (ECTR) software automates employer commute programs. ECTR will integrate with public transit by filling up transit fare cards (Bay Area’s Clipper) and allowing pre-tax commuter benefits purchase of transit passes. Project partner vendors are Luum and RideAmigos Component #2: Mobility Aggregation (MobAg) app is a mobile multimodal trip planning app with a seamless combination of public/private transit, bikeshare, rideshare, carshare, and electric scooter/bike “loan-to-own,” with e-payment. MobAg integrates MOD products such as Lyft line, UberPOOL, Waze Carpool, Scoop, ZipCar, and Car2Go. MobAg apps include Moovel, Urban Engines, Whim, Moovit, Transit App, TripGo, Swiftly, Ventra, Siemens, and GoLA. The project integrates MobAg with ECTR. MobAg integrates with public transit by providing multimodal trip planning featuring transit via the GTFS open standard interface. Component #3: A “revenue-neutral workplace parking feebate” charges a fee for SOV commutes and rebates that revenue to non-SOV commutes, structured so that there is no cost to employers. ECTR vendors take their fee out of SOV revenue. Component #4: “Gap Filling” describes analytics to identify commutes with poor alternatives and subsequent attempts to improve them. Lyft/Uber services integrate with public transit by providing first/last mile - 20% of Lyft trips are first/last mile to transit. E-scooter loan-to-own integrates with transit by providing first/last mile. Bike network improvements integrate with transit by providing first/last mile. Public microtransit such as VTA Flex is already public transit and also provides first/last mile to transit. Mobility on Demand (MOD) Sandbox Summary Page 2 of 2 Component #5: Alleviating systemic obstacles such as: a) enable better public transit routes that cross county borders (the region has 24 transit agencies), b) better integrate transit fares within multi-agency trips, c) modernize transit e-payment, and d) develop a healthy, interoperable mobility software ecosystem, following open standards. The project will: a) collaborate directly with the top vendors that contribute to FVC by enhancing software/hardware feature sets and interoperability, b) pilot FVC at 11 employers with more than 27,000 employees, and c) collaboratively analyze commute patterns and develop/pilot new gap-fillers such as low-income subsidy and loan-to-own. CHALLENGES PROJECT IS DESIGNED TO ADDRESS Scale Challenge: In car-loving portions of the Bay Area, transit commute mode share is an anemic 3.3% and Lyft/Uber serves less than 1 out of every 1,000 trips. For a zip code with 31,550 residents, of which 500 are downtown Palo Alto workers, there are fewer than 8 people to match in each 20-minute peak hour commute interval. SOLUTION: At regional scale FVC creates 465,000 new customers for non-SOV mobility. Gap Challenge: There is a need for “Gap Filling” to identify commute vectors with poor alternatives and subsequently improve options. SOLUTION: FVC fills gaps with: low-income transit subsidies, e-scooter first/last mile, Uber first/last mile, bike network analysis/improvements to reduce stress, e-bikes for 8-mile commutes, on- demand P2P rideshare (Lyft Carpool), microtransit (VTA Flex, Bridj), and telecommuting. Integration Challenge: A handful of suburban employers have reduced commuting from 75% to 50% SOV, but no suburb or suburban county has adopted city-wide or county-wide technologies/policies that have reduced SOV commuting by even 5%. SOLUTION: FVC addresses demand and supply side challenges. FVC’s integrated five- component solution combines technologies and policies, providing a “credible success narrative” that mode shift from 75 to 50% may be achieved. Mobility for All Solution: FVC provides equitable pathways to jobs as follows: 1) The Palo Alto TMA low-income commute gap-filling work task. 2) The FVC “feebate” serves as a progressive wealth transfer from high-income to low income. Compared to other congestion reduction policies, FVC scores high for social equity. 3) 25% mode shift away from SOV in suburbia will result in multimodal expansion to the great benefit of the disability community. Systemic Challenge: The Bay Area has a series of systemic obstacles that need addressing, including: a) enable better transit routes that cross county borders, b) provide better transit fares for multi-agency trips, c) e-payment, d) interoperable software ecosystem. SOLUTION: One of FVC’s five components reduces systemic obstacles. ANTICIPATED OUTCOMES, BENEFITS, IMPACTS Capstone deliverables: 1) a real-time commute mode dashboard aggregated from 11 employers using two different ECTR apps and 2) a consortium-wide conclusion about far along FVC has progressed from 40% ready towards 100% ready to become a regional-scale solution. Potential Bay Area-wide Benefits / Impacts include: Creating $670M/year new transit, biking, carpool, and mobility service funding out of thin air Benefits lower income workers more than higher income workers Reducing 1M car trips/day, 1.3M tons/GHG/year, 3.4B VMT/year at a “negative cost” of -$558/ton GHG reduction Creating a large new pro-transit voting constituency. Resolution No. ______ Resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for federal transportation assistance authorized by 49 U.S.C. Chapter 53; title 23, United States Code, or other federal statutes administered by the Federal Transit Administration, for the Fair Value Commuting (FVC) initiative. WHEREAS, the Federal Transit Administrator has been delegated authority to award federal financial assistance for a transportation project; WHEREAS, the grant or cooperative agreement for federal financial assistance will impose certain obligations upon Palo Alto (“the applicant”), and may require the applicant to provide the local share of the project cost; WHEREAS, the applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. That the City Manager is authorized to execute and file an application for federal assistance on behalf of The City of Palo Alto with the Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chapter 53, title 23, United States Code, or other federal statutes authorizing a project administered by the Federal Transit Administration, for the Fair Value Commuting (FVC) project. SECTION 2. That the City Manager is authorized to execute and file with the City’s applications the annual certifications and assurances and other documents the Federal Transportation Administration requires before awarding a federal assistance grant or cooperative agreement. SECTION 3. That the City Manager is authorized, in accordance with the procedures in local law, to execute grant and cooperative agreements with the Federal Transit Administration on behalf of The City of Palo Alto. SECTION 4. The Council finds the application and acceptance of the FTA grant for the Fair Value Commuting project to be categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines §15306 (basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ City Attorney City Manager _____________________________ Director of Planning and Community Environment _____________________________ Director of Administrative Services CERTIFICATION The undersigned duly qualified City Clerk, acting on behalf of The City of Palo Alto, certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the Council of the City of Palo Alto held on _______________________. __________________________________ City Clerk __________________________________ Date CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 9, 2017 The Honorable City Council Palo Alto, California Appointment of Three Candidates to the Historic Resources Board and Four Candidates to the Parks and Recreation Commission (PARC) for Terms Ending December 15, 2019; and Discussion and Potential Appointment of one Candidate to the PARC for an Unexpired Term Ending December 15, 2018 On Monday, January 9, 2017 the Council is scheduled to appoint three candidates to the Historic Resources Board and four candidates to the Parks and Recreation Commission (PARC) for terms ending December 15, 2019. Council is also scheduled to discuss the unscheduled vacant term on PARC ending December 15, 2018 and potentially appoint a candidate to this term. Voting will be by paper ballot. Background On November 30, 2016 the Council interviewed 4 applicants for the Historic Resources Board and 6 applicants for the Parks and Recreation Commission. A recording of the Interviews is available online: http://midpenmedia.org/special-city-council-meeting/ On December 19 2016, the Clerk’s Office learned that Jim Cowie resigned from the Parks and Recreation Commission (PARC). His unexpired term on the PARC expires December 15, 2018. Historic Resources Board Vote to appoint three (3) three-year terms on the Historic Resources Board (HRB) expiring on December 15, 2019. The first three candidates to receive at least five votes (required) will be appointed. The 3 HRB Candidates are as follows: 1. Bower, David (Incumbent) 2. Bunnenberg, Beth (Incumbent) 3. Corey, Brandon 4. DiCicco, Patt (Incumbent) Parks and Recreation Commission Vote to appoint four (4) three-year terms on the Parks and Recreation Commission (PARC) expiring on December 15, 2019. The first four candidates to receive at least five votes (required) will be appointed; and Page 2 Potentially, vote to appoint one (1) unscheduled vacant term on the PARC expiring on December 15, 2018. The first candidate to receive at least five votes (required) will be appointed. The 5 PARC Candidates are as follows: 1. Greenfield, Jeff 2. Hagan, Doug 3. Mansell, Alice 4. McCauley, Ryan 5. Reckdahl, Keith (Incumbent) On November 17, 2016, the Clerk’s Office learned that Andres Mediavilla withdrew his application for the Parks and Recreation Commission. On November 28, 2016, the Clerk’s Office learned that Kevin Mayer withdrew his application for the Parks and Recreation Commission. Some applications may be redacted at the request of the applicant. A full set of non-redacted applications have been provided to Council Members directly. ATTACHMENTS: Attachment A: HRB - Bower, David (PDF) Attachment B: HRB - Bunnenberg, Beth (PDF) Attachment C: HRB - Corey, Brandon (PDF) Attachment D: HRB - DiCicco, Patt (PDF) Attachment E: PARC - Greenfield, Jeff (PDF) Attachment F: PARC - Hagan, Doug (PDF) Attachment G: PARC - Mansell, Alice (PDF) Attachment H: PARC - McCauley, Ryan (PDF) Attachment I: PARC - Reckdahl, Keith (PDF) Department Head: Beth Minor, City Clerk Page 3 Historic Resources Board Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci Conflict of Interest Code require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: B0785A6B-D436-4D60-8732-4C5AD86AE27A Historic Resources Board Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: 1. What is it about the Historic Resources Board that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: B0785A6B-D436-4D60-8732-4C5AD86AE27A Historic Resources Board Application 3 of 5 2. Please describe an issue that recently came before the Board that is of particular interestto you and describe why you are interested in it. If you have never been to a Board meeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Historic Resources Board achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: B0785A6B-D436-4D60-8732-4C5AD86AE27A Historic Resources Board Application 4 of 5 4. Please identify a project or projects that you find to be examples of good historic architecture, and explain why. You may attach samples, identify project addresses, or provide links. If you attach samples, Staff may request that you bring hard copy print outs to the interviews. 5. Historic Resources Board Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Land Use Element Palo Alto Municipal Code Chapter 16.49 Secretary of the Interiors Standards for: Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings California Environmental Quality Act DocuSign Envelope ID: B0785A6B-D436-4D60-8732-4C5AD86AE27A Historic Resources Board Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ______ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: B0785A6B-D436-4D60-8732-4C5AD86AE27A September 8, 2016 David Bower PO Box 1518 Palo Alto, California 94302-1518 Birth Date February, 1951, Palo Alto, California Education San Francisco State University, San Francisco, California 1973-1975 B.A. in Communications, May 1975 Foothill College, Los Altos, California 1970-1973 Liberal Arts Major Washington University, St. Louis, Missouri 1969-1970 Liberal Arts Major Honors Professional Experience President, David Bower Incorporated, Palo Alto, California. Residential construction and consulting 2007 to present President, Bower Loops Builders, Palo Alto, California. Residential construction company. 2001 to 2007 President, David Bower Builders, Palo Alto, California. Residential construction company. 1979 to 2001 President, Designs In Wood, Palo Alto, California. Residential construction company. 1975-1979 Licensed contractor in the State of California 1979 to present Community Activities Board of Directors, Treasurer, Western Ballet, Mountain View, California. 1989-1993 Board of Directors, Treasurer, Palo Alto Chamber Orchestra, Palo Alto, California. 1995-1997 Board of Directors, Pelican Homeowners Association, Pajaro Dunes, Watsonville, California. 2005 to present. Current President Chairman, Design Committee, Pajaro Dunes Association, Watsonville, California. April 2006 to January 2015 Board member, Palo Alto Historic Resources Board, Palo Alto, California June 2007 to present Chairman, Palo Alto Historic Resources Board, Palo Alto, California June 2009 to October 2011 Board member, City of Palo Alto Infrastructure Blue Ribbon Commission, November 2010 to December 2011 Board member, Pajaro Dunes Geologic Hazard Abatement District, July 2014 to present Committee Member, City of Palo Alto Storm Drain Drain Blue Ribbon Committee, April-July 2016 Memberships NARI (National Association of the Remodeling Industry), 1993 to 2013 International Conference of Building Officials, 2004 to 2014 Build It Green, 2009 to 2014 DocuSign Envelope ID: B0785A6B-D436-4D60-8732-4C5AD86AE27A Historic Resources Board Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci Conflict of Interest Code require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 9F73D1A9-0709-4E09-81AD-708322A2489A Historic Resources Board Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: 1. What is it about the Historic Resources Board that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 9F73D1A9-0709-4E09-81AD-708322A2489A Historic Resources Board Application 3 of 5 2. Please describe an issue that recently came before the Board that is of particular interestto you and describe why you are interested in it. If you have never been to a Board meeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Historic Resources Board achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 9F73D1A9-0709-4E09-81AD-708322A2489A Historic Resources Board Application 4 of 5 4. Please identify a project or projects that you find to be examples of good historic architecture, and explain why. You may attach samples, identify project addresses, or provide links. If you attach samples, Staff may request that you bring hard copy print outs to the interviews. 5. Historic Resources Board Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Land Use Element Palo Alto Municipal Code Chapter 16.49 Secretary of the Interiors Standards for: Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings California Environmental Quality Act DocuSign Envelope ID: 9F73D1A9-0709-4E09-81AD-708322A2489A Historic Resources Board Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ______ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: 9F73D1A9-0709-4E09-81AD-708322A2489A Historic Resources Board Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci Conflict of Interest Code require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3)be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 6D46859B-68C3-43C5-93D1-B9F791017462 Historic Resources Board Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: 1. What is it about the Historic Resources Board that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 6D46859B-68C3-43C5-93D1-B9F791017462 Historic Resources Board Application 3 of 5 2. Please describe an issue that recently came before the Board that is of particular interestto you and describe why you are interested in it. If you have never been to a Board meeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Historic Resources Board achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 6D46859B-68C3-43C5-93D1-B9F791017462 Historic Resources Board Application 4 of 5 4. Please identify a project or projects that you find to be examples of good historic architecture, and explain why. You may attach samples, identify project addresses, or provide links. If you attach samples, Staff may request that you bring hard copy print outs to the interviews. 5. Historic Resources Board Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Land Use Element Palo Alto Municipal Code Chapter 16.49 Secretary of the Interiors Standards for: Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings California Environmental Quality Act DocuSign Envelope ID: 6D46859B-68C3-43C5-93D1-B9F791017462 Historic Resources Board Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ______ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: 6D46859B-68C3-43C5-93D1-B9F791017462 Parks and Recreation Commission Application 1 of 6 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3)be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 8EE6D56B-01FC-4263-BB53-4450236D5D97 • BS Engineering, Harvey Mudd College Parks and Recreation Commission Application 2 of 6 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: DocuSign Envelope ID: 8EE6D56B-01FC-4263-BB53-4450236D5D97 Current Recreation Activities: • Hiking: I enjoy frequent 7-10+ mile hikes in the local open spaces. I typically hike the Foothills Park – Los Trancos Trail (my favorite) a couple times per month. • Soccer: PAASL player for the past 18 years. • Biking: My preferred method of transportation around town is bicycle. • Trees and Plants: a new passion is learning to identify botanical species. • Gardening: I enjoy vegetable and landscape gardening at home. Parks and Recreation Commission Application 3 of 6 1. What is it about the Parks and Recreation Commission that is compatible with your experience and of specific interest to you, and why? I have resided in South Palo Alto for the past eighteen years with my wife. We have raised our two daughters here in the Palo Alto School system. Over the years, my family and I have been fortunate to enjoy many wonderful resources and services that our community offers. From “Story Time” at the library and dance recitals at Cubberley to Mitchell Park “gopher holes” and May Fete parades; from swimming and art lessons to Kidz Love Soccer and Hi-Fives Camps; from block parties and Foothills Park picnics to family bike outings for “Hot Dog” shows and the Jr. Museum and Zoo; from soccer games and street fairs to Canopy Tree Walks and watching pelicans soar in the Baylands, my family and I truly appreciate and understand many special aspects of Palo Alto. My family also has a track record of contributing within our community. I am very passionate about Palo Alto and many of my pursuits connect directly with our community’s resources and services. My personal passions include soccer, hiking, trees and plants, biking around town, and general environmentalism and sustainability. While I have outlined goals below that I am interested in accomplishing as a Parks and Rec Commissioner, this is not an agenda. These are goals aligned with the in-progress Master Plan. My ultimate aspiration is to give back to and contribute to our community. I have worked directly with the Community Services staff for many years on soccer and field-related matters. I have tremendous respect for this team and would look forward to working with them more closely. More recently, as part of my efforts with Canopy, I have also worked with Public Works staff, and would look forward to broadening this relationship as well. Having worked as a systems engineer and project manager for 30+ years developing professional video products, I thrive on collaborating with others to find creative solutions to difficult problems. I am very detail oriented and organized, and I envision many opportunities to “dig in” if I am selected for this role. I feel privileged to have time and energy to offer. I would be honored to serve our city, contribute to the implementation of our new Master Plan, and learn and grow along the way. Parks and Recreation Commission Application 4 of 6 2. Please describe an issue that recently came before the Commission that is of particularinterest to you and describe why you are interested in it. If you have never been to a Commission meeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Parks and Recreation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 8EE6D56B-01FC-4263-BB53-4450236D5D97 Parks and Recreation Commission Application 5 of 6 4. Parks and Recreation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan: Community Services and Facilities Element Natural Environment Element Baylands Master Plan Park Dedication Ordinance (Municipal Code) Bicycle - Pedestrian Transportation Plan Youth Master Plan Cubberley Community Advisory Committee Report DocuSign Envelope ID: 8EE6D56B-01FC-4263-BB53-4450236D5D97 Parks and Recreation Commission Application 6 of 6 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your Application, DocuSign Envelope ID: 8EE6D56B-01FC-4263-BB53-4450236D5D97 Parks and Recreation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 41E55154-BDCE-401D-A26C-C096EFA3D176 Parks and Recreation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: 1. What is it about the Parks and Recreation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 41E55154-BDCE-401D-A26C-C096EFA3D176 Parks and Recreation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particularinterest to you and describe why you are interested in it. If you have never been to a Commission meeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Parks and Recreation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 41E55154-BDCE-401D-A26C-C096EFA3D176 Parks and Recreation Commission Application 4 of 5 4. Parks and Recreation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan: Community Services and Facilities Element Natural Environment Element Baylands Master Plan Park Dedication Ordinance (Municipal Code) Bicycle - Pedestrian Transportation Plan Youth Master Plan Cubberley Community Advisory Committee Report DocuSign Envelope ID: 41E55154-BDCE-401D-A26C-C096EFA3D176 Parks and Recreation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your Application, DocuSign Envelope ID: 41E55154-BDCE-401D-A26C-C096EFA3D176 Parks and Recreation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: Parks and Recreation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: 1. What is it about the Parks and Recreation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 54A6DCFF-E13B-4F81-B046-D9207CF825E4 Parks and Recreation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particularinterest to you and describe why you are interested in it. If you have never been to a Commission meeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Parks and Recreation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 54A6DCFF-E13B-4F81-B046-D9207CF825E4 Parks and Recreation Commission Application 4 of 5 4. Parks and Recreation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan: Community Services and Facilities Element Natural Environment Element Baylands Master Plan Park Dedication Ordinance (Municipal Code) Bicycle - Pedestrian Transportation Plan Youth Master Plan Cubberley Community Advisory Committee Report DocuSign Envelope ID: 54A6DCFF-E13B-4F81-B046-D9207CF825E4 Parks and Recreation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your Application, DocuSign Envelope ID: 54A6DCFF-E13B-4F81-B046-D9207CF825E4 Parks and Recreation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: A147EBCC-FB60-40AC-9559-C19DA7AA2697 Parks and Recreation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: 1. What is it about the Parks and Recreation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: A147EBCC-FB60-40AC-9559-C19DA7AA2697 Parks and Recreation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particularinterest to you and describe why you are interested in it. If you have never been to a Commission meeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Parks and Recreation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: A147EBCC-FB60-40AC-9559-C19DA7AA2697 Parks and Recreation Commission Application 4 of 5 4. Parks and Recreation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan: Community Services and Facilities Element Natural Environment Element Baylands Master Plan Park Dedication Ordinance (Municipal Code) Bicycle - Pedestrian Transportation Plan Youth Master Plan Cubberley Community Advisory Committee Report DocuSign Envelope ID: A147EBCC-FB60-40AC-9559-C19DA7AA2697 Parks and Recreation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ______ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your Application, DocuSign Envelope ID: A147EBCC-FB60-40AC-9559-C19DA7AA2697 -2- PROFESSIONAL EXPERIENCE (continued) Judge Mary Ellen Coster Williams, United States Court of Federal Claims, Washington, DC Judicial Extern September to December 2007 and January to May 2009 My primary responsibilities included researching and preparing draft opinions regarding federal procurement, tax and non-tort litigation claims against the U.S. Government. Federal Trade Commission, Seattle, WA Law Clerk July and August 2007 I researched and prepared antitrust and consumer protection cases, interviewed fraud victims, assisted in a Hart-Scott-Rodino review and drafted affidavits and memos. CrowleyFleck PLLP, Helena, MT Summer Associate May to July 2007 I completed regulatory analyses for two large cross-border power transmission projects and worked on several employment and professional malpractice cases. Gonzaga University, Spokane, WA and Florence, Italy Student Life Coordinator, Gonzaga-in-Florence Program August 2005 to July 2006 As part of the leadership life programs, including large-scale travel excursions in Europe and Africa. Adjunct Instructor of Political Science Fall 2004 government institutions and fiscal policy. I researched and prepared lesson plans, lectured three times per week, wrote the final exam and evaluated student performance. Student Body President May 2003 to May 2004 Following a lively campaign, I was elected to serve as student body president during my senior year at Gonzaga. I led a staff of 17 people, designed and implemented comprehensive policy initiatives and served on numerous faculty, administration and board committees. San Diego, CA Paralegal Specialist Major Frauds Division January to August 2005 Assistant U.S. Attorneys and FBI agents to investigate, organize and prepare large corporate fraud and public corruption cases for presentation to a grand jury and trial. United States Forest Service, Townsend, MT Forestry Aide Wildland Firefighter Summer 2002 I served as an initial responder on a fire engine and battled several significant wildfires as part of a 20-person fire crew deployed in Montana, Colorado and Yellowstone National Park. Office of United States Senator Max Baucus, Washington, D.C. Senate Intern Spring 2002 As an intern during college, I covered the Environment and Public Works Committee and researched the economic impact of NAFTA on U.S. workers. COMMUNITY ACTIVITIES AND INTERESTS Santa Clara County Historical Heritage Commission member, Silicon Valley Campaign for Legal Services Amicus Committee member; past middle school mentor and high school youth group teacher; outdoors enthusiast and an avid runner. My academic interests are centered on national security law, the intersection of antitrust and intellectual property regimes and immigration policy. DocuSign Envelope ID: A147EBCC-FB60-40AC-9559-C19DA7AA2697 CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 9, 2017 The Honorable City Council Palo Alto, California Direction Regarding Unscheduled Vacancy on the Planning and Transportation Commission; and Potential Appointment of one Candidate to the Planning and Transportation Commission for an Unexpired Term Ending December 15, 2018 Recommendation Discuss the unscheduled vacancy on the Planning and Transportation Commission (PTC) and: 1. Vote to appoint one of the candidates that have already been interviewed to the vacant term; or 2. Direct Staff to schedule interviews with candidates from the last PTC recruitment conducted in the Fall of 2016; or 3. Direct Staff to conduct a special recruitment to seek new applications for the PTC. Discussion Should Council decide to make an appointment from candidates previously interviewed, this appointment can take place on January 9, 2017. New Council Members who did not participate in the last interviews are able to watch the recording of the interviews, review the applications and vote on who they would want to fill the opening from those candidates. A recording of the September 27, 2016 Interviews is available online: http://midpenmedia.org/city-council-101/ The 12 PTC Candidates are as follows: 1. Eisenberg, Rebecca 2. Ezran, Claude 3. Hamachek, Brian 4. Hirsch, David 5. Ingle, Frank 6. Kachenko, Natasha 7. Kralik, Gabriel 8. Kraus, Michelle 9. Pease, Christian 10. Resmini, Jessica 11. Singh, Reshma 12. Subramanian, Srinivasan Page 2 These applications are attached. Some applications may be redacted at the request of the applicant. A full set of non-redacted applications have been provided to Council Members directly Background On September 27, 2016, the Council interviewed 15 applicants for the PTC. On October 4, 2016, the Council appointed Przemek Gardias, Ed Lauing, and Doria Summa to the PTC. On November 8, 2016, Adrian Fine was elected to the City Council. Pursuant to Municipal Code Section 2.20.010, Council Member-Elect Fine’s unexpired term on the Planning and Transportation (PTC) is made vacant by his election and assumption of office to the City Council on January 3, 2017. His unexpired term on the PTC expires December 15, 2018. On November 28, 2016, Council directed Staff to agendize a discussion of this unscheduled vacancy in January 2017. ATTACHMENTS: Attachment A: PTC - Eisenberg, Rebecca (PDF) Attachment B: PTC - Ezran, Claude (PDF) Attachment C: PTC - Hamachek, Brian (PDF) Attachment D: PTC - Hirsch, David (PDF) Attachment E: PTC - Ingle, Frank (PDF) Attachment F: PTC - Kachenko, Natasha (PDF) Attachment G: PTC - Kralik, Gabriel (PDF) Attachment H: PTC - Kraus, Michelle (PDF) Attachment I: PTC - Pease, Christian (PDF) Attachment J: PTC - Resmini, Jessica (PDF) Attachment K: PTC - Singh, Reshma (PDF) Attachment L: PTC - Subramanian, Srinivasan (PDF) Department Head: Beth Minor, City Clerk Page 3 Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 Planning and Transportation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commissionmeeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 Planning and Transportation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from roviding the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 Rebecca L. Eisenberg, Esq. 2345 Waverley St. Palo Alto, CA 94301 (415) 235-8078 rebecca@privateclientlegal.com OVERVIEW: Effective attorney and general counsel for organizations & individuals. Detail-oriented, empathetic, efficient. Problem-solver. EDUCATION: Harvard Law School, J.D., June 1993 Editor, Harvard Law Review. Harvard Law Record, journalist and columnist. contributor and editor. ABA, President of Harvard Law Chapter. Graduated Cum Laude. Stanford University, B.A. Psychology/Decision Sciences, June 1990 Phi Beta Kappa elected junior year. Departmental distinction. Boothe Prize for Excellence in Writing. Cap & Gown Honor Society; Phi Psi Honor Society. President, Stanford Undergraduate Psychology Association (SUPA). Peer Tutor, Calculus, Stanford Center for Teaching & Learning. Orientation Coordinator, Transfer Students, Stanford Office of Residential Education, 1989. Program Advisor, Ujamaa and Naranja, Stanford Office of Residential Education, 1987-1988. Peer Counselor, the Bridge, 1987-1990. Teaching Assistant, Prof. Philip Zimbardo, Psychology 1, 1987-1990. PROFESSIONAL EXPERIENCE: Private Client Legal Advisors, San Francisco, CA Principal & Founder, 1/2013 - Present Operate boutique legal services firm, providing following services: Serve as outside GC for nonprofit organizations, technology companies, angel funds, entrepreneurs and executives. Locate, hire and manage specialized outside counsel; serve as intermediary between client and firms. Assist a variety of clients with matters involving regulatory compliance, employment matters, compensation, Fair Pay Act compliance, HR policies, financings and corporate transactions, as well as commercial agreements, licensing, employment disputes, litigation management, dispute resolution, public relations, and other business and legal affairs on behalf of founders, executives, non-profits, companies and start-ups. Analyze, negotiate and advise firms, companies and individuals on their real estate and finance-related documents warrants, convertible notes, stock purchase agreements, articles of incorporation and related corporate documents; provide actionable advice for stakeholders regarding different options and potential outcomes based on quantitative analysis of liquidity flowing through cap tables, interest accruing over time, types of collateral, and otherwise. Handle governance issues on behalf of a variety of organizations, including Board Meetings, public filings, and regulatory and legal compliance; ensure compliance with privacy laws and disclosure mandates. Provide legal consulting on Human Resources issues, including compensation, compliance and risk reduction. Vouch Financial Inc., San Francisco, CA General Counsel, Head of Human Resources & Corporate Secretary 5/14 to 3/15 first GC & Head of HR (4th employee), handled all legal & HR matters, including: Built and established legal department and legal function, including budget and hiring plan. Served as Board Secretary, drafted board resolutions, shareholder consents and board meeting minutes. Ensured compliance with all governance regulatory compliance including privacy and disclosure requirements. Secured new company office space, negotiated real estate transactions, handled office improvements and renovations in cost-effective and efficient, yet highly successful manner. Handled 2 rounds of venture capital financing, as well as venture debt line; advised on all financial transactions. Established compliant HR system & structure, with a focus on risk reduction, recruiting & retention; established all legal and HR form agreements, company manuals and policies; trained employees on compliance. Created compensation programs with focus on compliance, recruiting and retention. DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 Ensured regulatory and legal compliance with lending regulations (state and federal). Drafted company outward- and inward-facing policies, including privacy policies, user agreements, loan agreements, guarantor agreements, terms of use, license agreements, electronic communications agreements, credit consents and other legal agreements for website users, borrowers and guarantors. Negotiated all contracts with strategic business partners, investors, lenders, customers, and vendors. reddit Inc., San Francisco, CA General Counsel, Head of Finance and Head of Human Resources, 1/12 to 1/13 andled all legal, finance and HR matters for reddit, including: Negotiated and executed successful spin-off of reddit Inc. from Advance/Conde Nast. Served as Board Secretary; drafted & distributed resolutions, consents and board minutes. Legal, Human Resources and Finance departments. ensured regulatory and legal compliance, trained employees, drafted all employee agreements and policies. Handled, managed and trained staff members to respond to all Subpoenas, DMCA requests, infringement letters and other inbound legal communications. Established compensation systems and ensured compliance and consistency. Create . handled investment round and all corporate legal matters. Negotiated all commercial agreements; drafted all standard contracts; handled all other legal matters. Trulia, Inc., San Francisco, CA General Counsel, 3/10 to 12/11 andled all legal issues for this fast-paced Internet start-up in the real estate industry, including: Handled M & A transactions, including acquisition of start-up Movity. Handled financial transactions, including closing high-figure loan financing. Handled, drafted, negotiated all other corporate and commercial transactions, including business development, sales, licensing, co-marketing and other commercial contracts, as well as real estate leases and transactions. Handled human resources issues, including handbooks, terminations, separation agreements and stock issues. Managed IP portfolio, including patents and trademarks. Managed litigation, including several patent infringement lawsuits; obtained very favorable settlement. Handled legal issues in product development, including terms of use, privacy policies and issuing associated with User Generated Content. Served on Senior Management Team, contribute to corporate strategy. Pure Digital Technologies, Inc., San Francisco, CA General Counsel, 9/08-9/09 Handled all legal issues for this consumer electronics technology company that provides the popular line of Flip Video handheld digital video camcorders. Handled successful Exit: Merger of Pure Digital with Cisco Systems, Inc in $615 million transaction. Led $630 Million merger with Cisco, in addition to all other corporate transactions. Successfully settled multi-million dollar (claimed) patent suit, managed all other litigation and threatened litigation. Handled all commercial transactions, licensing, sales and business development deal support (technology, software, content, co-marketing), including with Facebook, Product (RED), YouTube, MySpace, AOL and other industry leaders. Led HR legal organization, provided advice, contracts, separations, consulting, conflict management. Handled intellectual property portfolio: patents, trademarks, copyrights. Leader on executive management team, provided strategic decision making, interfaced with Board of Directors. Managed and hired resources, handled legal budget of approximately $4 million. AdBrite, Inc., San Francisco, CA Vice President, General Counsel & Secretary of the Board, 3/07-9/08 andled all legal matters for this Internet startup in the online advertising space. Handled corporate governance/securities: minutes, resolutions Negotiated/drafted all commercial transactions: licensing, sales, real estate Handled Intellectual Property: Managed IP portfolio, all patents, copyrights, trademarks, DMCA. Successfully avoided litigation/managed risk: disposed of issues before they lead to lawsuits; create policies. Provided executive management, leadership. PayPal, Inc., an eBay Company, San Jose, CA DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 Senior Counsel,Senior Director, Assistant Secretary 7/01-3/07 Joined company as second attorney, and assisted with IPO, Secondary Offering and Public Company Merger. Corporate development: assisted with IPO, secondary offering and public company merger with eBay Inc. Commercial Transactions: Handled all commercial transactions for the company. Sales: Supported sales team for $1.5 billion revenue company; create standardized documents and train salesforce. Intellectual property: Advised executives on intellectual property matters & compliance, handle IP licenses and strategy. International: supported business clients in Asia, Europe and Canada. Product Development: Analyzed all product specifications; drafted licenses and terms. User Agreement and Privacy Policy: drafting and maintenance, enforcement. Marketing and Content: Reviewed all marketing and other content; advised company on issues and risks. Management: Build and managed commercial legal team comprised of ten attorneys and staff. Risk management, litigation management, departmental processes. Ecast, Inc. (Internet-based music and games company), San Francisco, CA Vice President of Legal and New Market Development, 9/99-6/01 Helped raise more than $18 M for the company, worked with investors. Managed strategic and business development as well as most legal and corporate development. Successfully closed deals including: digital music licensing with all 5 major labels, film/gaming licenses, wireless distribution deals , $7 million dollar software license/equity investment agreement with UK company. As the first licensed attorney to join the executive team of this fast-paced start-up, also served as lead on risk management, compliance and marketing review, as well as delivered competitive analysis and business strategy. Cole Valley Group Consulting, San Francisco, CA Consultant: Internet business strategy, M&A advising & marketing, 10/95-10/99 Provided strategic, technical marketing and business development services for numerous clients including Pixar, Quokka, Yoga Journal, Adjacency, Inc. (now Sapient), StarMine, Cyborganic Media, MediaCast, Sound Exchange Records, Electric Minds, Verbum and ChemisTree, among other start-ups and new media companies. Wrote over 10 business plans for start-ups, which as a group raised over $30M in venture financing; consulted start- ups and established companies on mergers & acquisitions and other exit strategies; advised on intellectual property strategies. Consulted on intellectual property and strategic legal matters, including contributing to Rembrandts in the Closet, book on IP business strategies written by SmartPatents CEO (now Aurigin). CBS MarketWatch, San Francisco, CA -4/01 ews site; contributed over 100 columns. Columns covered both technology strategic issues as well as high tech legal issues, including a high profile series on Awarded WELL journalism award for column which revealed privacy strategy behind WebMD/Healtheon merger. The San Francisco Examiner Internet business columnist, 6/97-10/99 Wrote Net Skink, a bi-s Business Section. Cyborganic Media Director, Product Management and Corporate Development, 11/95-10/97 Very early member of start-up team on this too-early MYSPACE-like company (community and content aggregator) Web product, GeekCereal.com. Hired, trained, managed and edited group of 12 individuals creating, updating and managing Web site GeekCereal.com. Contributed to Cyborganic business plan, helped raise angel funding. U.S. Court of Appeals, 5th Circuit, Houston, TX Judicial Law Clerk, Chief Judge Carolyn Dineen King, 8/95-11/95. DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 U.S. District Court, District of Columbia, Washington, DC Judicial Law Clerk, Honorable Gladys Kessler, 8/94-7/95. U.S. District Court, Central District of California, Los Angeles, CA Judicial Law Clerk, Honorable A. Andrew Hauk, 8/93-8/94. Morrison & Foerster, San Francisco, CA Summer Associate, business law and litigation, 1992. Ross & Hardies, Chicago, IL Summer Associate, business law and litigation, 1991. BAR: Active Member of the California Bar and the Federal Bar, Central District of California, sworn in 1993. BOARD MEMBERSHIPS: Board of Directors, Legal Momentum (formerly known as the National Organization for Women Legal Defense Fund national board), 2009-2012. Board of Directors, Craigslist Foundation, Treasurer, Founding member, 1999-2007. Board of Advisors, Kiva.org (Microfinance Nonprofit), 2006-2009. Board of Advisors, The Webby Awards, and Member, International Academy of Arts and Sciences, 2003-present. Board of Advisors, Skinny Scoop www.theskinnyscoop.com -present. PUBLICATIONS: Regulatory Affairs: Rebecca Eisenberg, Proposed Rule Amendments to Regulation D, Form D and Rule 156 Under the Securities Act, https://www.sec.gov/comments/s7-06-13/s70613-460.pdf Rebecca Eisenberg, Nordlinger v. Hahn: the , Harvard Law Review, 1992 (available upon request). Academic Writing: Rebecca Eisenberg, Beyond Bray: Obtaining Federal Jurisdiction to Stop Anti-Abortion Violence, 6 Yale Journal of Law and Feminism 155 (1994). http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1086&context=yjlf Note, Pornography, Equality, and a Discrimination-Free Workplace: A Comparative Perspective, 106 Harvard Law Review 1075 (1993). http://www.omino.com/~dom/clips/porno.html Book Note, An Unladylike Response to Legal Conceptions of Women (reviewing Faludi, Backlash), 105 Harvard Law Review 2104 (1992). http://www.omino.com/~dom/clips/faludi.html Popular Media Writing: Weekly column, Net Skink, San Francisco Chronicle 1996-1999. Weekly column, Nouveau Geek, CBS MarketWatch, 1997-2000. Regular contributor, Wired, Red Herring, Upside, Fast Company, Time Daily, Entertainment Weekly, Ms. Magazine. List of published clips available by request and online: http://www.omino.com/~dom/clips/ EDUCATION / VOLUNTEER ROLES: Special Gifts / Fundraising / Development Committee, Stanford Homecoming Reunion 1995, 2000, 2005, 2010, 2015. Harvard Law School Celebration 55 Committee; Harvard Law School Celebration 60 Committee. Reunion and Fundraising Coordinator, Whitefish Bay High School, Whitefish Bay, WI. Development Committee, Brandeis Hillel Day School, San Francisco, CA Room Parent, Brandeis Hillel Day School, San Francisco, CA Parent Volunteer, Walter Hays Elementary School, Palo Alto, CA Parent Volunteer, Jordan Middle School, Palo Alto, CA DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 AWARDS & SPEAKING ROLES: Award Winner, Top 25 Women on the Web, 1999 (Judge, Top 25 Women on the Web 2000, 2001). Award Winner, WELL Writing Award, Journalism and Overall Grand Prize, 2000. s Hardball with Chris Matthews, and PBS Computer Chronicles and Internet Café. Expert on consumer protection online; featured in full-length chapter interview in the 2000 book, Web Rules: How the Internet is Changing the Way Consumers Make Choices by Tom Murphy. Harvard Law School, 2013; Panelist, 2008, led by United States Supreme Court Associate Justice Elena Kagan. DocuSign Envelope ID: 5AAE3176-8DAC-4E2F-A51E-E476DC69B3B2 Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: C4A7E229-AF1D-46D7-B739-7EB444287606 Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: C4A7E229-AF1D-46D7-B739-7EB444287606 Planning and Transportation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commissionmeeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: C4A7E229-AF1D-46D7-B739-7EB444287606 Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: C4A7E229-AF1D-46D7-B739-7EB444287606 Planning and Transportation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from roviding the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: C4A7E229-AF1D-46D7-B739-7EB444287606 __ __ __ __ __ __ PersonalInformation Name: Address: Cell Phone: Home / Office Phone: E-mail: Are you a Palo Alto Resident?Yes No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members?Yes No Are you available and committed to complete the term applied for?Yes No California state law requires appointed board and commission members to file a detailed disclosure oftheir financial interests, Fair Political Practices Commission, Conflict of Interest (Form 700). Do you have an investment in, or do you serve as an officer or director of, a company doing business inPalo Alto which you believe is likely to: 1) engage in business with the City; 2) provide products or services for City projects; or 3) be affected by decisions of the board or commission you are applying for?Yes No Excluding your principal residence, do you own real property in Palo Alto?Yes No How did you Learn about the vacancy on the Planning and Transportation Commission? CommunityGroup Email from City Clerk Palo Alto Weekly Daily Post CityWebsite Flyer Other:_ _ List relevant education, training, experience, certificates of training, licenses, or professional registration: Page 1 Planning & Transportation Commission 160 Lowell Avenue Brian Hamachek 650-556-4141 650-556-4141 brian@brianhama.com University of California at Santa Barbara, Computer Science DocuSign Envelope ID: BA92A7BA-1B75-44AE-B08B-21848D8139B3 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: Page 2Planning & Transportation Commission Nearby CEO Expert Judge - Palo Alto Civic Hackathon Program Participant - Palo Alto Community Emergency Response Team Alumni Advisor - Stanford StartX Student Mentor - Stanford Technology Ventures Program Volunteer - Hack Palo Alto Captain - Palo Alto USTA TeamMember - Palo Alto Tennis ClubFounder - Palo Alto Tennis Meetup DocuSign Envelope ID: BA92A7BA-1B75-44AE-B08B-21848D8139B3 1. What is it about the Planning and Transportation Commission that is compatible with yourexperience and of specific interest to you, and why? 2. Please describe an issue that recently came before the Commission that is of particular interestto you and describe why you are interested in it. If you have never been to a Commission meetingyou can view an archive here:LINK. Page 3Planning & Transportation Commission I am very interested in phase 2 of the Embarcadero Road Improvement Project. I grew up a few blocks from Town and Country, attended Palo Alto High School, and later lived in a home only a block off Embarcadero Road. I have driven, walked, and biked the length of Embarcadero Road thousands of times over the past three decades. I have seen the amount of traffic on it explode. I have experienced the anxiety of riding a bike along the underpass at Alma. I have stood at the corner of Emerson while waiting for a break in traffic so I could quickly dart across as a pedestrian. I think that this experience gives me a very unique perspective in understanding the pain points and evaluating theproposed solutions. I have lived in Palo Alto nearly my entire life, so this commission is of particular interest to me because of the direct role it's members have on protecting and guiding Palo Alto's future. My professional experience as a technology executive has given me many relevant skills, but it is my extensive personal history and deep affection for our city thatmakes me such a valuable resource to this commission. DocuSign Envelope ID: BA92A7BA-1B75-44AE-B08B-21848D8139B3 3. If appointed, what specific goals would you like to see the Planning and TransportationCommission achieve, and why? How would you suggest accomplishing this? 4. Planning and Transportation Commission Members work with the documents listed below. Ifyou have experience with any of these documents, please describe that experience. Experiencewith these documents is not required for selection. Palo Alto Comprehensive Plan LINK Zoning Code LINK CityCharter LINK California Environmental QualityAct LINK El Camino Real Design Guidelines LINK El Camino Real Master Plan Study LINK and Appendices LINK Area Plans such as the South of Forest Avenue (SOFA) I and II Plans LINK Baylands Master Plan LINK Page 4Planning & Transportation Commission Ultimately, I would like to see the commission continue to preserve the unique character of Palo Alto. This city is at a critical point in time, and the decisions made by this commission will determine the type of city Palo Alto becomes. There is no denying that many aspects of the city need to change to accommodate the changing reality of thelarger Bay Area, but the changes need to be done thoughtfully and always with the goalof preserving what makes the city so amazing. I think my first-hand experience growing up, studying, working, starting a business, and living in both an apartment and homes here allows me to understand many different point of views and develop the best solutions for everyone. Having attended/watched many PTC meetings and in order to better understand theissues of the city, I have, over the years, become somewhat familiar with the Palo Alto Comprehensive Plan, the City Charter, and the El Camino Real Master Plan. I am currently far less familiar with the other documents. DocuSign Envelope ID: BA92A7BA-1B75-44AE-B08B-21848D8139B3 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, “No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without firstobtaining the written permission of that individual.” The full code is attached. This consent form will notbe redacted and will be attached to the Application and posted to the City’s website. The full code can be read here:LINK Read the code, and check only ONE option below: I give permission for the City of Palo Alto to post to the City’s website the attached Board andCommission Application intact. I have read and understand my rights under Government CodeSection 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email addressfrom the attached Board and Commission Application prior to posting to the City’s website. I amproviding the following alternate information and request that they use the following contactinformationinstead. Address: Cell Phone: Home / Office Phone: E-mail: Signature: _ _ _ Date: Page 5 Planning & Transportation Commission DocuSign Envelope ID: BA92A7BA-1B75-44AE-B08B-21848D8139B3 Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: A2261FE4-7390-4BFC-AC20-1F777C23939B Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: A2261FE4-7390-4BFC-AC20-1F777C23939B Planning and Transportation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commissionmeeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: A2261FE4-7390-4BFC-AC20-1F777C23939B Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: A2261FE4-7390-4BFC-AC20-1F777C23939B Planning and Transportation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from roviding the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: A2261FE4-7390-4BFC-AC20-1F777C23939B Urban Architectural Initiatives (UAI) is an architectural and planning firm with extensive experience in housing and community facilities, as well as residential, religious, commercial, and historic restoration projects. A primary focus has been serving nonprofit, community-based organizations that provide housing, treatment and social services to various special needs populations including the homeless, mentally ill, senior citizens, and single mothers. The practice draws on the varied experiences of its principals and staff, combining a strong interest in urban building types with a broad and in-depth knowledge of the construction industry. UAI was formed by David Hirsch and Tony Shitemi in 1996, and has grown to become a diverse, eighteen-person firm. After establishing site-specific parameters, we engage our clients in the full design process to define and understand their program, culminating in a design charrette that explores concepts of space and image appropriate to the project. We have comprehensive experience working with government regulating and funding agencies whose projects require greater attention to the allocation of resources. UAI uses the latest in BIM/CAD technology to produce design and construction drawings; and we have fully integrated sustainable design in our practice to achieve buildings that reduce energy costs, are ecologically friendly, and provide a healthy indoor environment. Our mission is to provide the most creative design solution to satisfy all the different challenges; the site, the client’s specific program, zoning and building code requirements, community concerns, agency oversight, budget constraints, etc. Our buildings are warm and welcoming, providing a built environment that supports and enhances the lives of individuals, families, and communities. 02 Office Profile Architecture Architecture Code Compliance Studies Conditions Surveys Construction Supervision Facilities Analysis Historic Restoration Site Design Specifications Planning Feasibility Studies Space Programming Land Use Studies Site Master Planning Site Selection Studies Urban Planning Zoning Interiors Interior Design Space Planning UAI in The Woolworth Building Lobby 03 Office Services David Hirsch RA Anthony K. Shitemi AIA, NOMA Alen Moghaddam AIA Akiko Kyei-Aboagye AIA, LEED AP Jorge Chang AIA, LEED BD+C David is a principal and co-founder of UAI. In a wide-ranging career prior to starting the firm with Tony Shitemi in 1996, David pursued professional interests in photography and urban design, which have shaped and complemented his architectural sensibilities as lead principal on many notable projects. Among them are a series of new supportive housing buildings for a well-known non-profit provider in Harlem and the Bronx, an addition to a well-established educational and religious facility in Long Island, and the rehabilitation and conversion of a historic Brooklyn police station to residences. David has also spearheaded the firm’s forays in development, with a rehabilitation of historic row houses in Westchester County and more recently, a condo development in Brooklyn. Tony is a principal and co-founder of UAI. He contributes to the firm a clear understanding of zoning, code and practical building issues developed over decades of experience, combined with sensitivity to each client’s specific needs. Tony has guided the successful completion of an extensive roster of building projects, including additions, rehabilitations of existing buildings, historical restorations and new construction throughout the New York metropolitan region. Tony values participating in developments that are beneficial to the community: schools, community centers, housing for special needs populations, commercial, and civic facilities Alen has worked for UAI for over ten years, becoming a principal of the firm in 2014. He has been the project manager for several of the firm’s largest and most recognized projects, including a 118-unit, 8-story award-winning apartment building in the Bronx and a 98 bed, 7-story supportive housing facility for mothers rebuilding their lives and their relationships with their children following incarceration. Alen also completed the difficult task of successfully completing the design and renovation of UAI’s office space in the Woolworth Building for a very demanding group of clients. Akiko joined UAI in 2006 and has since worked as project manager and designer on a variety of projects for many different clients. She became a principal of the firm in 2014, and continues to manage projects of all scales and sizes, from clinic renovations to new buildings. Recently completed building projects include a new 65-unit, 4-story supportive housing facility as well as a 40-unit, 6-story apartment complex, both in the Bronx. Akiko has also served on a technical committee working with stakeholders from across the building and construction industry to revise and update the New York City Building Code. Jorge began as a junior architect at UAI in 2006, and was quickly promoted to project manager and then associate. Over the past several years, Jorge has worked on a broad range of new construction and rehabilitation projects. Notable among them are an 87-unit, 6-story residential building with supportive service space for veterans and low-income adults in East Harlem and a 51-unit, 4-story apartment complex for low-income senior citizens in East New York. Jorge’s interest in sustainability in a practical, real world sense has led him to obtain his Leadership in Energy and Environmental Design (LEED) Accredited Professional Building Design + Construction, and to pursue further specialization within the field.04 People KANDAKE HOUSE 435 EAST 119TH STREET, NEW YORK, NY Greenhope Service for Women OASAS & HHAP $11 million Client Sponsor Cost LOUNGE LOBBYDETAIL VIEWCAFETERIAGREEN ROOF TERRACE Greenhope Services for Women is a non-profit organization with a mission to empower women affected by substance abuse and the criminal justice system and to help them reclaim their lives. Kandake House is Greenhope’s new 43,000 SF facility which operates three programs: Residential Treatment, Day Treatment, and Outpatient Services, including an ambulatory medical suite open to the general public. The facility’s complex program includes Administrative offices, classrooms, sleeping quarters, daycare, cafeteria, a terrace garden, and greenhouse. The front facade is a rich weaving of metal, brick, and stucco that draws on the patterning of West African textiles and, in particular, Kente Cloth. The facade curves to the East, optimizing views of the Harlem River, but also invoking the billowing of colorful fabrics in the wind. Environmentally responsible design has been integral to the building design which exhibits both passive and active energy-saving methods. The building received the Energy Star Building Label, as certified by NYSERDA. EXTERIOR FACADE 06 Supportive Housing ODYSSEY HOUSE PARK AVENUE 113 EAST 123RD STREET, NY, NY Odyssey House Office of Mental Health $9.2 million Client Sponsor Cost Odyssey House Park Avenue on 123rd Street in Harlem has been designed as a 34,000 SF, six-story building funded by the New York State Office of Mental Health. Continuing the Odyssey House tradition of supporting individuals recovering from substance abuse problems, the building will house counseling offices and group meeting facilities on the ground floor and cellar, with 50 efficiency apartment units for program participants on the floors above. The main lobby opens up to the rear garden via an elevated walkway over a sunken courtyard and lower level lounge, drawing people into the activity areas of the building. A key element of the therapeutic process at Odyssey House is art and creative expression, and the building features many areas for the display of original work by the program participants, including exterior display panels in the rear garden that are a highlight of the landscaping design. ACCESS STAIRREAR YARDCONFERENCE ROOM FRONT FACADE 07 Supportive Housing City Cedars, L.P. HDC, HHAP, NYSERDA, LPC $20 million Client Major Sponsors Cost The design embraces the centrality of historic Fox Hall by rendering the new eight-story residential portion as a backdrop, which wraps and offsets the renovated landmarked structure. Programmatically, Fox Hall serves as the main hub for activity and community gathering at the heart of the project. On the interior, the central, open stair wrapping a free-standing brick wall reinforces this centrality. Cedars was awarded a NYSERDA grant to be a pilot project for the agency’s Multi-Family High-Rise Energy Star Program. With this grant, the design team implemented a ground-source geothermal well system for heating and cooling which, along with other energy-saving measures will reduce the energy consumption of the building by more than 40%. The design also includes a modular green roof, low VOC paints and adhesives, and high recycled content finishes. Cedars was completed in Fall 2009 and has been awarded a LEED Gold rating.GREEN ROOF LONGWOOD CLUB CIRCA 1895 FOX HALL BECK STREET ELEVATION VIEW FROM EAST 156TH STREET AND FOX STREETVIEW FROM EAST 156TH STREET AND BECK STREET 745 FOX STREET, BRONX, NYCEDARS / FOX HALL 08 Supportive Housing VIEW FROM CORNER WALL DETAIL INTERIOR BRIDGEBRICK DETAIL INTERIOR 880 TINTON AVENUE BRONX, NY Odyssey House Office of Mental Health (OMH) $11 million ClientSponsorCost 880 Tinton Avenue is a four-story building in the Bronx for Odyssey House, sponsored by the NYS Office of Mental Health. It consists of 65 studios and common spaces that embrace the many programs that are part of the recovery and development process for the tenants. The rear yard has been designed with an amphitheater, including a performance platform and ascending levels of seating to accommodate the theater program and acts as assembly space for participants of the running program. The design responds to the prominent corner site with a tower-like projection clad in a curtain wall showcasing double-height tenant lounges and program spaces that can host the various art and computer workshops. In a constant effort to create a sustainable, maintainable building for the owners, simple energy conservation features are planned for the building which is pursuing an Energy Star Building label as certified by NYSERDA. 10 Supportive Housing VIEW FROM STREET Odyssey HouseOffice of Mental Health (OMH)$10 million ClientSponsorCost 715 SOUNDVIEW AVENUE BRONX, NY 715 Soundview Avenue, one of two new Office of Mental Health projects for Odyssey House, consist of 58 new single room occupancy residences on five floors above grade. It is located on an unusual triangular site which challenged UAI to create a dynamic building, narrowing at the most visible end. The program of community functions in the basement and opens to a sunken courtyard, which is terraced from its lowest level to the surrounding grade. The terraces will be private planting gardens for the residents. Many energy conservation features are included in the building, making this Odyssey’s first green building with LEED silver certification. ENTRY VIEWGARDENS BRONX, NY 13 Supportive Housing The Glenmore is a 161-unit building under development by Women In Need. Located in East New York, Brooklyn, the lot is currently occupied by an abandoned storefront church and a parking lot. Adjacent to the north are two shelters run by WIN, creating a campus of WIN buildings in East New York. The building went through several height and mass iterations in order to obtain the required zoning variances to meet Board of Standards and Appeals (BSA) approval, culminating in the current scheme, which accommodates a six-story building with a 7,000 SF side yard and commercial space at the ground floor. There will be low-income and affordable studios, one-, two-, and three-bedroom apartments, with laundry and exercise facilities in the cellar. Community rooms and support services for the tenants and community residents and 24 parking spaces are provided. Much-needed housing, soil remediation for the site, and more green space, are among the benefits that this building will bring to the neighborhood. CORNER RETAIL FROM STREET THE GLENMORE 91 JUNIUS STREET, BROOKLYN, NY RESIDENTIAL ENTRY VIEW Women In Need HPD / HHAP $54 million Client Sponsor Cost Supportive Housing 14 PSCH/CHRISTA APARTMENTS 491 EAST 165TH STREET, BRONX, NY PSCH, Inc CHRISTA Client NYS Office of Mental Health Sponser $12 million Cost Supportive Housing PSCH/CHRISTA Apartments is a new 10-story residence with 58 apartments located in Melrose in the Bronx. There will be a mix of studio, one and two-bedroom apartments, a lounge, recreation room, laundry space, and coundeling offices. A sunken courtyard brings light into the cellar and leads to generously landscaped gardens at the rear. The narrow site, just 50’ wide, requires a poured-in-place concrete structure, in order to meet seismic forces while consuming the least amount of usable space. The facade is punctuated by ample windows and elegantly combines brick and stucco, with metal LOBBY BUILDING ENTRY ELEVATION DETAIL 15 DORMER DETAIL REAR YARD ENTRY DETAIL 480 EAST 176TH STREET, BRONX, NYThe Lantern Group, Inc.NYC, HPD & NYS HHAP$18 million Client Sponsor Cost SILVERLEAF HALL Silverleaf Hall is a 118-unit, 130,000 SF apartment building developed by The Lantern Group, completed in Spring 2006. The units are for low-income families earning below 60% of Area Median Income. 35 of the units, scattered throughout the building, are reserved for homeless families that have been recommended for permanent housing by the New York City Homeless Shelters. More than 50% of Silverleaf’s tenants are from the surrounding Tremont neighborhood of the Bronx. The landscape, canopy, reinvented mansard roof, high-quality finishes, and other design details provide a sense of welcome and pride for tenants. SUNKEN COURTYARD 19 Affordable Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 97979B74-B9B6-4FDC-92FF-1D21ABA36A78 Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 97979B74-B9B6-4FDC-92FF-1D21ABA36A78 Planning and Transportation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commissionmeeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 97979B74-B9B6-4FDC-92FF-1D21ABA36A78 Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: 97979B74-B9B6-4FDC-92FF-1D21ABA36A78 Planning and Transportation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from roviding the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: 97979B74-B9B6-4FDC-92FF-1D21ABA36A78 Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: F180A914-14E1-4DFC-ABCD-F659CB86C2D4 Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: F180A914-14E1-4DFC-ABCD-F659CB86C2D4 Planning and Transportation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commissionmeeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: F180A914-14E1-4DFC-ABCD-F659CB86C2D4 Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: F180A914-14E1-4DFC-ABCD-F659CB86C2D4 Planning and Transportation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from roviding the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ______ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: F180A914-14E1-4DFC-ABCD-F659CB86C2D4 Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: ABED7E65-893F-4303-8034-9161889A24DF Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: ABED7E65-893F-4303-8034-9161889A24DF Planning and Transportation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commissionmeeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: ABED7E65-893F-4303-8034-9161889A24DF Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: ABED7E65-893F-4303-8034-9161889A24DF GABRIEL PATRICK KRALIK PAGE 2 Created, with outside corporate counsel, model agreements for the conversion of foreign research and development teams into separate corporate entities with contract-based milestones for the development of product maintenance and software version iterations adding incremental feature sets. Utilizing this model, converted Shanghai development operations into a third-party service provider. Directed post-divestiture representation of Corel in a dispute over the novation of U.S. Government defense contracts. Co-negotiated post-transaction modifications to global revenue sharing agreement for WinDVD software including to resolve industry standard royalty obligations. PPC Syracuse, NY October 2008 to June 2012 Global designer, manufacturer, and supplier of connector technology products for telecommunications industries, including broadband, satellite, and wireless sectors; privately-owned company has operations in the U.S., Denmark, China, and St. Kitts. Broadband division was sold to Belden in 2012 for $517 Million. VICE PRESIDENT, GENERAL COUNSEL, CHIEF PATENT COUNSEL & CORPORATE SECRETARY portfolio. Built and managed an internal and external legal framework to advance corporate objectives of growth, profitability, and innovation. Grew $25M in annual broadband connector product revenue by obtaining and enforcing two General Exclusion orders through successful litigation of coaxial cable connector patents in proceedings before the International Trade Commission, the Court of Appeals for the Federal Circuit and through Customs import detention proceedings. revenue gains in the broadband, satellite and wireless divisions; attained a #18 global ranking in the 2011 Institute of atent Power survey for telecom equipment and in the 2008 Wall Street Journal rankings for Excellence in Technology Strength. Saved $3M in annual legal costs through negotiated alternative-fee arrangements with outside legal firms and the establishment of a seven-person internal legal department responsible for handling corporate, commercial, litigation support and worldwide patent prosecution practice areas. Directed legal representation to support and protect the U.S., Denmark, St. Kitts, and mainland China. Participated in the creation and updating of -year strategic plan together with business, finance and manufacturing leads. the Custom Electronic Design and Installation Association market sector, devising and executing successful trademark registrations and designing form agreements for product distribution. Steered corporate acquisition of Evolution Broadband, conducting intellectual property due diligence to inform acquisition strategy. India, Brazil and China, and the dissolution and consolidation of certain U.S. (real-estate holding companies), the U.K. and St. Kitts entities. Coordinated representation of leading to the construction and expansion of its Upstate New York research, development and production operations. Represented PPC in local government hearings to obtain zoning variances needed for approval of facility construction projects in East Syracuse, New York. Served as Secretary to the Board of Directors, drafting minutes and resolutions and managing corporate governance. Served as a director of multiple international affiliate entities. Managed Employment disputes including EEOC Complaint matters. Provided oversight to the resolution of workplace disputes. Developed management training modules for anti-harassment and Defended PPC in a federal district court trade secret misappropriation case brought by competitor subsequent to the hiring of a C-level sales executive, winning dismissal of the allegations. Defended PPC in State Court landlord-tenant dispute concerning rent obligations due in the context of a roof collapse that had necessitated transfer of manufacturing and finished product warehouse operations. Litigated to favorable conclusion a commercial dispute with the supplier of automated product assembly equipment based on failure to achieve contract milestones and operation requirements related to output, versatility and quality. DocuSign Envelope ID: ABED7E65-893F-4303-8034-9161889A24DF GABRIEL PATRICK KRALIK PAGE 5 MORGAN & FINNEGAN New York, NY 1989 to 1996 LITIGATION ASSOCIATE behalf of RVI in the District of Delaware for patent rights covering ibuprofen-pseudoephedrine combination over-the-counter medication (verdict later overturned on appeal on obviousness grounds). Represented clients on intellectual property litigation and prosecution matters, including Procter & Gamble, W.L. Gore, Syva, Brown & Williamson, Richardson-Vicks, Beam-Tech, AccuScan and Sibjet. EDUCATION Notre Dame Law School Notre Dame, IN Juris Doctor - 1989 University of Notre Dame Notre Dame, IN Bachelor of Science in Chemical Engineering 1982 ADMISSIONS State Bars of New York, New Jersey and California; Supreme Court of the United States; U.S. Court of Appeals for the Federal and Second Circuits; U.S. District Courts of New Jersey, Southern District of New York, Eastern District of New York, Western District of New York, Northern District of New York; .United States Court of International Trade; and United States Patent & Trademark Office (Registration No. 34,855). PROFESSIONAL TRAINING, PROJECTS AND PUBLIC SERVICE 2015 Program Mediator and Case Developer, Santa Clara County Office of Human Relations 2015 Vice President, Saint Frances Cabrini Foundation 2014 Graduate of the County of Santa Clara Dispute Resolution Mediation Skills Program; 2012 Graduate of the Pepperdine University School of Law STAR Mediation Program; 2004 Candidate for Mayor, City of Pleasanton, CA.; and 2000 Candidate for Justice, New York Supreme Ct, 9th District. DocuSign Envelope ID: ABED7E65-893F-4303-8034-9161889A24DF Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 5F7C374C-54BD-4AB5-A773-D92AA77CC305 Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 5F7C374C-54BD-4AB5-A773-D92AA77CC305 Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: 5F7C374C-54BD-4AB5-A773-D92AA77CC305 Planning and Transportation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from roviding the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ______ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: 5F7C374C-54BD-4AB5-A773-D92AA77CC305 Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 3BE13222-2F2D-417D-917E-D01024C57C71 Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 3BE13222-2F2D-417D-917E-D01024C57C71 Planning and Transportation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commissionmeeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 3BE13222-2F2D-417D-917E-D01024C57C71 Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: 3BE13222-2F2D-417D-917E-D01024C57C71 Planning and Transportation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from roviding the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ______ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: 3BE13222-2F2D-417D-917E-D01024C57C71 Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: AB9CA60A-9495-4B78-888E-99227AC1BC5F Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: AB9CA60A-9495-4B78-888E-99227AC1BC5F Planning and Transportation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commissionmeeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: AB9CA60A-9495-4B78-888E-99227AC1BC5F Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: AB9CA60A-9495-4B78-888E-99227AC1BC5F Planning and Transportation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from roviding the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: AB9CA60A-9495-4B78-888E-99227AC1BC5F Planning and Transportation Commission Application 1 of 5 Personal Information Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do you own real property in Palo Alto? ____ Yes ____ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 39FFCA30-D3A0-43D2-B66A-202E6C0F6E9B Planning and Transportation Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteering or with civic organizations: 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 39FFCA30-D3A0-43D2-B66A-202E6C0F6E9B Planning and Transportation Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commissionmeeting you can view an archived video from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 39FFCA30-D3A0-43D2-B66A-202E6C0F6E9B Planning and Transportation Commission Application 4 of 5 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan Zoning Code City Charter California Environmental Quality Act El Camino Real Design Guidelines El Camino Real Master Plan Study and Appendices Area Plans such as the South of Forest Avenue (SOFA) I and II Plans Baylands Master Plan DocuSign Envelope ID: 39FFCA30-D3A0-43D2-B66A-202E6C0F6E9B Planning and Transportation Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from roviding the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: 39FFCA30-D3A0-43D2-B66A-202E6C0F6E9B CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 9, 2017 The Honorable City Council Palo Alto, California Adoption of a Resolution Scheduling the City Council Summer Break and Winter Closure for 2017 RECOMMENDATION Adopt the resolution (Attachment A) scheduling the City Council 2017 Summer Break as determined by Council, and Winter Closure from December 18, 2017 to January 2, 2018. BACKGROUND Under Municipal Code Section 2.04.010(b), the City Council schedules its annual vacation for each calendar year no later than the third meeting in February. During said scheduled vacation, there shall be no regular meetings of the City Council nor of the Council standing committees. The Mayor or a majority of the Council may call a special meeting during the scheduled vacation if necessary (PAMC 2.04.020(b)). Last year Council’s summer break was from July 4 through August 12, 2016. Council will approve the annual budget in June usually done during the second or third meeting, so this negates the beginning of June for summer break. This year July 4th falls on Tuesday. Please note that Palo Alto Unified School District’s scheduled last school day before their summer break is June 1, 2017. They are scheduled to resume classes on August 14, 2017. Additionally, the Council needs to set the winter closure with staff proposing December 18, 2016 through January 2, 2018. ATTACHMENTS: Attachment A: Council Vacation Resolution (PDF) Department Head: Beth Minor, City Clerk Page 2 NOT YET APPROVED 1 150119 sh 0140150 Resolution No. ________ Resolution of the Council of the City of Palo Alto Scheduling the City Council Vacation and Winter Closure for Calendar Year 2017 R E C I T A L S A. Pursuant to Section 2.04.010 of the Municipal Code, the City Council must schedule its annual vacation for each calendar year no later than the third meeting in February. B. The City Council desires to set its annual vacation for 2017. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City Council sets its summer vacation for calendar year 2017 from __________, 2017 through __________, 2017 and winter closure from December 18, 2017 through January 2, 2018. SECTION 2. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Attorney City Manager