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HomeMy WebLinkAbout2019-09-09 City Council Agenda PacketCity 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. Monday, September 9, 2019 Special Meeting Council Chambers 5:00 PM Vice Mayor Fine Participating From Shmakivska Street, 13, Kryvyi Rih, Dnipropetrovs'ka oblast, Ukraine, 50000 Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday 11 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. Public comment may be addressed to the full City Council via email at City.Council@cityofpaloalto.org. 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 Study Session 5:00-6:00 PM 1.Joint Meeting With the Public Art Commission - Discussion of Accomplishments and Future Initiatives Special Orders of the Day 6:00-6:10 PM 2.Appointment of one Candidate to the Architectural Review Board for an Unfinished Term Ending December 15, 2020 Agenda Changes, Additions and Deletions City Manager Comments 6:10-6:20 PM 2 September 9, 2019 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. Oral Communications 6:20-6:35 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 6:35-6:40 PM 3.Approval of Action Minutes for the August 12 and August 19, 2019 Council Meetings Consent Calendar 6:40-6:45 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 4.Adoption of a Resolution Amending Utilities Rules and Regulations 2 (Description and Abbreviations), 3 (Description of Utility Services), 4 (Application of Service), 7 (Deposits), 8 (Access to Premises), 9 (Disconnection, Termination and Restoration of Service), 13 (Shortage of Supply and Interruption of Service), 15 (Metering), 16 (Line Extension), 18 (Utility Service and Facilities on Customer Premises), 20 (Special Electric Utility Regulations), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations), 23 (Special Wastewater Utility Regulations), 24 (Special Refuse Service Regulations), 25 (Special Storm and Surface Water Drainage Utility Regulations), and 29 (Net Energy Metering Service, Billing and Interconnection) 5.Approval of Amendment Number 1 to Contract Number C17165774 With UtiliWorks Consultants LLC., in the Amount of $232,785 Over Three-years for Phase II Consulting Services to Assist the City in Procuring Advanced Metering Infrastructure and Associated Systems and Services to Implement Smart Grid Systems, Including $31,168 for Additional Services, for a Total Not-to-Exceed Amount of $263,953 6.Approval of Amendment Number 1 to Contract Number Contract S17166321 With Soudi Consultants, Inc. for Electric Utility Engineering Services, Adding $80,000 to Year 3 of the Three-year Term, for a Total Not-to-Exceed Amount of $330,000 7.Approval of Amendment Number 1 to Contract Number C16160578 With Public Safety Innovation (PSI) to add $100,000 for a new Not-to- Exceed Amount of $350,000 to Provide Additional Services to the Office of Emergency Services for Critical Communications Support MEMO Q&A Q&A Q&A 3 September 9, 2019 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. 6:45-9:00 PM 8. Revised Recommendations for City Council Direction on Establishment of a Rail Blue Ribbon Commission to Advise the City Council on the Selection, Funding, and Support for Grade Separation Projects, and Possible Further Direction on the Role and Structure of the Expanded Citizen Advisory Panel (Continued From August 19, 2019) 9:00-10:00 PM 9. Policy and Services Committee Recommends the City Council Accept the Status Updates of the Audits of the Citywide Cash Handling and Travel Expense; Cable Franchise and Public, Education and Government (PEG) Fees; Continuous Monitoring: Overtime; Continuous Monitoring: Payments Audit; and Inventory Management State/Federal Legislation Update/Action Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) 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. 4 September 9, 2019 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 Standing Committee Meetings Finance Committee Meeting Cancelled September 2, 2019 Sp. Policy and Services Committee Meeting September 10, 2019 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Proclamation Declaring the Month of September to be National Emergency Preparedness Month Informational Report Regarding the Status of the Roth Building and Partnership With the Palo Alto History Museum Public Letters to Council 8/26 Set 1 of 3 8/26 Set 2 of 3 8/26 Set 3 of 3 9/2 Set 1 9/9 Set 1 City of Palo Alto (ID # 10556) City Council Staff Report Report Type: Study Session Meeting Date: 9/9/2019 City of Palo Alto Page 1 Summary Title: Joint Meeting with the Public Art Commission Title: Joint Meeting with the Public Art Commission - Discussion of Accomplishments and Future Initiatives From: City Manager Lead Department: Community Services Executive Summary The Public Art Commission and the Palo Alto City Council last met jointly in December of 2017. The Commission plans to update the Council on the following topics for discussion: 1- Public Art Commission (PAC) Accomplishments 2- PAC Current and Upcoming Public Art Projects and Initiatives for 2019-2020 3- Question and Answer Session Attachments: • MEMORANDUM CITY OF PALO ALTO OFFICE OF THE CITY CLERK September 9, 2019 The Honorable City Council Palo Alto, California Appointment of one Candidate to the Architectural Review Board for an Unfinished Term Ending December 15, 2020 On Monday, September 9, 2019, the Council is scheduled to appoint one (1) candidate to the Architectural Review Board (ARB) for an unfinished term ending December 15, 2020. Voting will be by paper ballot. Background On August 21, 2019 the Council interviewed applicants for the ARB. Information about the interviews can be viewed in the August 21, 2019 Meeting Staff Report. A recording of the interviews can be viewed online via the City Council Agenda and Minutes Webpage. Architectural Review Board (ARB) Vote to appoint one (1) position on the ARB for an unfinished term ending December 15, 2020. The candidate to receive at least 4 votes will be appointed. The 5 ARB Candidates are as follows: 1. Steven Eichler 2. Grace Lee 3. Amie Neff – Not present for her interview, but is still qualified for appointment 4. Curtis Smolar 5. Shri Chawla Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO OFFICE OF THE CITY CLERK September 9, 2019 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the August 12 and August 19, 2019 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: • Attachment A: 08-12-19 DRAFT Action Minutes (PDF) • Attachment B: 08-19-19 DRAFT Action Minutes (PDF) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 3 Special Meeting August 12, 2019 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:01 P.M. Present: Cormack; DuBois arrived at 5:04 P.M., Filseth, Fine, Kniss, Kou, Tanaka Absent: Agenda Changes, Additions and Deletions None Consent Calendar Council Member Kou registered a no vote on Agenda Item Number 7. Council Member Tanaka registered a no vote on Agenda Item Numbers 4 and 7. MOTION: Council Member DuBois moved, seconded by Council Member Kniss to approve Agenda Item Numbers 1-7. 1. Approval of Contract Number C20175087A With VSS International, Inc. in the Amount of $1,543,000 for the Fiscal Year (FY) 2020 Streets Preventive Maintenance Project, Capital Improvement Program Projects PE-86070 and PO-11001. 2. Approval and Authorization for the City Manager or his Designee to Execute the Following Energy and Water Platform Contracts in a Combined Not-to-Exceed Amount of $2,602,763 Over a Five-year Term: A) WaterSmart Software, Inc., Number C19174648 in an Amount Not-to-Exceed $537,763; and B) Simple Energy, Inc., Number C20174646 in an Amount Not-to-Exceed $1,925,000. 3. Resolution 9854 Entitled, “Resolution of the Council of the City of Palo Alto Establishing Fiscal Year (FY) 2020 Secured and Unsecured Property Tax Levy for the City of Palo Alto’s General Obligation Bond Indebtedness (Measure N).” DRAFT ACTION MINUTES Page 2 of 3 City Council Meeting Draft Action Minutes: 08/12/2019 4. Approval and Authorization for the City Manager or his Designee to Execute the Utility Program Services Contract With DirectApps, Inc. dba Direct Technology, Contract Number C20174817 With Total Compensation of $730,000 and a Maximum Term of Seven Years. 5. Policy and Services Committee Recommends the City Council Accept the Auditor’s Office Quarterly Reports as of December 31, 2018 and March 31, 2019. 6. Approval of Amendment Number 1 to Contract Number C17165394 With Genuine Parts Company, dba Napa Auto Parts, to Increase the Contract by $747,094 to an Amount Not-to-Exceed $2,996,074, and Extend the Term Through July 21, 2020. 7. Resolution 9855 Entitled, “Resolution of the Council of the City of Palo Alto Updating Objective Standards for Wireless Communications Facilities in the Public Rights of Way to Clarify Language and Address a Conflict With Other City Standards Related to Replacement Pole Height.” MOTION PASSED FOR AGENDA ITEM NUMBERS 1-3, 5-6: 7-0 MOTION PASSED FOR AGENDA ITEM NUMBER 4: 6-1 Tanaka no MOTION PASSED FOR AGENDA ITEM NUMBER 7: 5-2 Kou, Tanaka no Closed Session 8. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION California Court of Appeal, Sixth Appellate District, Case No. H046597 Subject: City of Palo Alto, et al., Appellants v. Tze, et al., Respondents Authority: Government Code Section 54956.9(d)(1). 9. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION United States District Court, Northern District of California, Case No. 3:18-cv-01256-JST Subject: Mahmoud Elsayed, et al. v. City of Palo Alto, et al. Authority: Government Code Section 54956.9(d)(1). 10. CAO PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager, City Attorney, City Clerk Authority: Government Code Section 54957 (b). MOTION: Council Member Kniss moved, seconded by Vice Mayor Fine to go into Closed Session. MOTION PASSED: 7-0 DRAFT ACTION MINUTES Page 3 of 3 City Council Meeting Draft Action Minutes: 08/12/2019 Council went into Closed Session at 5:16 P.M. Council returned from Closed Session at 10:20 P.M. Mayor Filseth announced no reportable action. Adjournment: The meeting was adjourned at 10:20 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting August 19, 2019 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:02 P.M. Present: Cormack, DuBois; Filseth arrived at 5:20 P.M., Fine, Kniss, Kou, Tanaka Absent: Closed Session 1. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Santa Clara County Superior Court, Case No. 18CV328638 (One Case, as Defendant) –Yvonne Wellhausen v. City of Palo Alto, et al. Authority: Government Code Section 54956.9(d)(1). 2. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Santa Clara County Superior Court, Case No. 18CV328469 (One Case, as Defendant) –Jay Greer v. City of Palo Alto Authority: Government Code Section 54956.9(d)(1). MOTION: Council Member Kniss moved, seconded by Council Member Cormack to go into Closed Session. MOTION PASSED: 6-0 Filseth absent Council went into Closed Session at 5:03 P.M. Council returned from Closed Session at 6:25 P.M. Mayor Filseth announced no reportable action. Special Orders of the Day 3. Presentation of Mayor's Green Business Leader Awards. NO ACTION TAKEN DRAFT ACTION MINUTES Page 2 of 5 City Council Meeting Draft Action Minutes: 08/19/2019 Agenda Changes, Additions and Deletions None Minutes Approval 4. Approval of Action Minutes for the August 5, 2019 Council Meeting. MOTION: Mayor Filseth moved, seconded by Vice Mayor Fine to approve the Action Minutes for the August 5, 2019 Council Meeting. MOTION PASSED: 7-0 Consent Calendar Council Member DuBois registered a no vote on Agenda Item Number 13. MOTION: Mayor Filseth moved, seconded by Council Member Cormack to approve Agenda Item Numbers 5-13. 5. Approval of an Exemption From Competitive Solicitation and Approval of Contract Number C20175537 With Kennedy/Jenks Consultants in the Total Amount Not-to-Exceed $279,660 to Provide Extended Design Services to Complete the new Primary Outfall Line at the Regional Water Quality Control Plant, Wastewater Treatment Fund Capital Improvement Program Project, WQ-19002. 6. Approval of Contract Number C20175276 With Ranger Pipelines, Inc. in the Amount of $4,146,435 for Water Main Replacement Project 27 (WS- 13001) and the Water Distribution System Improvement (WS-11003) Capital Projects in the Oak Creek and Leland Manor/Garland Neighborhoods; and Authorization for the City Manager to Negotiate and Execute Related Change Orders Not-to-Exceed $414,644, for a Total Not-to-Exceed Amount of $4,561,079. 7. Authorize the City Manager to Finalize the Purchase of 27,829 Square Feet of Vacant Land Adjacent to 3350 Birch Street and Approve Budget Amendments in the Parks Development Impact Fee Fund and the Capital Improvement Fund. 8. Approval of Contract Number C191173677 With CivicRec in the Amount of $389,875 for the Purchase and Implementation of a Recreation Management Software for a 3.5 Year Term; and Approval of a Budget Amendment in the General Fund. DRAFT ACTION MINUTES Page 3 of 5 City Council Meeting Draft Action Minutes: 08/19/2019 9. Resolution 9856, Entitled “Resolution of the Council of the City of Palo Alto Concluding the CustomerConnect Pilot Program; and Repealing Electric Rate Schedule E-1 TOU (Residential Time-of-Use Rate Adjustment) and Resolution Number 9737.” 10. Resolution 9857, Entitled “Resolution of the Council of the City of Palo Alto Approving and Attesting to the Veracity of the 2018 Annual Power Source Disclosure Report.” 11. Approval of the Changes to the Human Services Emerging Needs Fund Policy. 12. Policy and Services Committee Recommends the City Council Accept the Status Updates of the Audits of the Citywide Cash Handling and Travel Expense; Cable Franchise and Public, Education and Government (PEG) Fees; Continuous Monitoring: Payments Audit; Utility Meters; and Inventory Management. 13. Approval of Amendment Number 2 to Contract Number S19174828 for the Professional Services Agreement With Management Partners for Auditor Services to add $50,000 for a Total Not-to-Exceed Amount of $135,000 for an Additional Two-month Term Through November 14, 2019. MOTION PASSED FOR AGENDA ITEM NUMBERS 5-12: 7-0 MOTION PASSED FOR AGENDA ITEM NUMBER 13: 6-1 DuBois no Action Items 14. Staff Recommends the City Council Receive a Status Update on the North Ventura Coordinated Area Plan (NVCAP) and Endorse an Updated Approach and Schedule to Complete the Project; Direct Staff to Return With Consultant Contracts That are Responsive to the Identified Approach; and Explore Supportive Funding Opportunities From Owners With Significant Property Interests Within the Project Boundary. The Recommendation in This Report is not a Project as Defined in the California Environmental Quality Act (CEQA). MOTION: Council Member Kniss moved, seconded by Council Member XX to: A. Direct Staff to return with a contract with Water Resource Associates Environmental Consultants (WRA) for the purpose of studying the feasibility of converting the channelized Matadero Creek into an open space corridor; DRAFT ACTION MINUTES Page 4 of 5 City Council Meeting Draft Action Minutes: 08/19/2019 B. Direct Staff to return with an amended contract with Perkins+Will for additional services related to the North Ventura Coordinated Area Plan; C. Endorse the overall approach, project schedule, and specific direction regarding the Working Group’s role in the North Ventura Coordinated Area Plan; and D. Direct Staff to explore additional funding opportunities with large property owners in the project study area to share plan development costs. MOTION FAILED DUE TO THE LACK OF A SECOND MOTION: Council Member Kniss moved, seconded by Council Member DuBois to direct Staff to return with a contract with Water Resource Associates Environmental Consultants (WRA) for the purpose of studying the feasibility of converting the channelized Matadero Creek into an open space corridor. MOTION PASSED: 7-0 MOTION: Vice Mayor Fine moved, seconded by Council Member Kniss to: A. Direct Staff to return with an amended contract with Perkins+Will for additional services related to the North Ventura Coordinated Area Plan; B. Endorse the overall approach, project schedule, and specific direction regarding the Working Group’s role in the North Ventura Coordinated Area Plan; and C. Direct Staff to explore additional funding opportunities with large property owners in the project study area to share plan development costs. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to direct Staff to return with language for a goal regarding historical and/or cultural designation of 340 Portage. MOTION AS AMENDED RESTATED: Vice Mayor Fine moved, seconded by Council Member Kniss to: A. Direct Staff to return with an amended contract with Perkins+Will for additional services related to the North Ventura Coordinated Area Plan; B. Endorse the overall approach, project schedule, and specific direction regarding the Working Group’s role in the North Ventura Coordinated Area Plan; and DRAFT ACTION MINUTES Page 5 of 5 City Council Meeting Draft Action Minutes: 08/19/2019 C. Direct Staff to explore additional funding opportunities with large property owners in the project study area to share plan development costs; and D. Direct Staff to return with language for a goal regarding historical and/or cultural designation of 340 Portage. MOTION AS AMENDED PASSED: 4-3 Cormack, Filseth, Tanaka no Council took a break at 9:20 P.M. and returned at 9:34 P.M. 15. Approval of the Response to the 2018-2019 Civil Grand Jury of Santa Clara County Report Entitled, “Inquiry into Governance of the Valley Transportation Authority.” MOTION: Mayor Filseth moved, seconded by Vice Mayor Fine to approve the recommended response letter to the 2018- 2019 Civil Grand Jury of Santa Clara County Report, entitled, “Inquiry into Governance of the Valley Transportation Authority,” including Staff’s enhancements. MOTION PASSED: 7-0 16. Recommendation for City Council Direction on Establishment of a Rail Blue Ribbon Committee to Advise the City Council on the Selection, Funding, and Support for Grade Separation Projects. MOTION: Council Member DuBois moved, seconded by Council Member Kou to continue this item to a date in September 2019. MOTION PASSED: 7-0 State/Federal Legislation Update/Action None. Adjournment: The meeting was adjourned at 10:29 P.M. City of Palo Alto (ID # 10202) City Council Staff Report Report Type: Consent Calendar Meeting Date: 9/9/2019 City of Palo Alto Page 1 Summary Title: City of Palo Alto Utilities Rules and Regulations Changes Title: Adoption of a Resolution Amending Utilities Rules and Regulations 2 (Description and Abbreviations), 3 (Description of Utility Services), 4 (Application of Service), 7 (Deposits), 8 (Access to Premises), 9 (Disconnection, Termination and Restoration of Service), 13 (Shortage of Supply and Interruption of Service), 15 (Metering), 16 (Line Extension), 18 (Utility Service and Facilities on Customer Premises), 20 (Special Electric Utility Regulations), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations), 23 (Special Wastewater Utility Regulations), 24 (Special Refuse Service Regulations), 25 (Special Storm and Surface Water Drainage Utility Regulations), and 29 (Net Energy Metering Service, Billing and Interconnection) From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council adopt the attached Resolution (Attachment A) amending Utilities Rules and Regulations 2, 3, 4, 7, 8, 9, 13, 15, 16, 18, 20, 21, 22, 23, 24, 25 and 29, as attached. Executive Summary Utilities Rules and Regulations (Rules) are updated as needed to ensure current procedures are in place to continue City of Palo Alto Utilities (CPAU) operations. The recommended changes to the various Rules and Regulations add new provisions, remove outdated sections, update language for clarity, and reflect changes to applicable regulations, business practices and procedures. Background Utilities update the Rules and Regulations on a periodic basis to reflect current operational procedures and provide language clarification. The R&R have been updated three times in the past 13 years. Only significant program or policy changes are brought forward to the UAC for review and discussion such as (29) NEM 2.0 (UAC Report 10-5-16), (11) Water Leak Credit (UAC City of Palo Alto Page 2 Report 12-6-17) and (20) Special Facilities Fees (UAC Report 4-9-19). Most of the changes do not impact long range planning, policies or programs. The changes mainly reflect daily operational changes and procedures that are currently in place. Discussion Twenty-nine Utilities Rules and Regulations (Rules) set forth the conditions under which the City provides utility services from both the Utilities Department (electric, natural gas, water, wastewater, fiber optic) and the Public Works Department (refuse, storm drain). The Rules are updated on as-needed basis to reflect current standards and business practices, and to streamline language to make the rules more user-friendly and provide for ease of administration. Each of the Rules below includes changes reflecting this approach; additional specific edits are noted below and redlined copies of each rule are available online with links provided on the last page of this report. Utilities Rules and Regulations (2, 3, 4, 7, 8, 9, 13, 15, 16, 18, 20, 21, 22, 23, 24, 25 and 29) Utilities Rule and Regulation 2 (Definitions and Abbreviations) Rule and Regulation 2 describes commonly used industry acronyms and the definitions of various terms used throughout Rules. Some terms were not previously defined in the section and the rule is being revised to include these terms, including proposed amendments to add and/or update the definitions for Net Energy Metering and other NEM-related program terms, Energy Storage Facility, Private Lateral, Sewer Lateral, Upper Sewer Lateral, and Lower Sewer Lateral. Utilities Rule and Regulation 3 (Description of Utility Services) The recommended amendments to Rule 3 offer minor edits to aspects of electric service delivery and equipment requirements. Utilities Rule and Regulation 4 (Application for Service) The recommended amendments to Rule 4 clarify aspects of the application process for new customers of City utilities services. City of Palo Alto Page 3 Utilities Rule and Regulation 7 (Deposits) The recommended amendments to Rule 7 include a provision to waive the deposit requirement for customers with an “Excellent” credit rating when moving from one premise to another and limits the deposit return to names on listed on the customer account. Utilities Rule and Regulation 8 (Access to Premises) The recommended amendments to Rule 8 generally clarify access requirements needed to provide service, and stipulate that access to the premises is also granted to contractors hired by CPAU or applicants who have a need to access utility facilities as required for new service connections. Utilities Rule and Regulation 9 (Disconnection, Termination, and Restoration of Service) The recommended amendments to Rule 9 clarify how to contact CPAU for averting discontinuation of service for nonpayment, and set forth billing adjustment policies required for consistency with state law. Utilities Rule and Regulation 13 (Shortage of Supply and Interruption of Utility Services) The recommended amendments to Rule 13 update the situations in which CPAU may schedule customer-requested service, and allows customers to request work-related service interruptions outside of normal business hours, subject to conditions and cost-recovery. Utilities Rule and Regulation 15 (Metering) The recommended amendments to Rule 15 stipulate that meter locations must comply with Utility Standards. The proposed changes include a new section addressing water meters for Multi-unit Structures constructed after January 1, 2018, for consistency with state law. Utilities Rule and Regulation 16 (Line Extensions) The recommended amendments to Rule 16 address upgrading utility infrastructure in developed areas with undersized facilities. Utilities Rule and Regulation 18 (Utility Service and Facilities on Customer Premises) The recommended amendments to Rule 18 specify additional service requirements for certain specific types of service, including sewer backwater valves, gas house-line stub outs, shutoff valves and by-pass facilities. The amendments also clarify the ownership of and responsibility for various types of CPAU facilities. Utilities Rule and Regulation 20 (Special Electric Utility Regulations) The recommended amendments to Rule 20 clarify equipment installation responsibilities, and describe situations in which special facilities charges may apply. Utilities Rule and Regulation 21 (Special Water Utility Regulations) City of Palo Alto Page 4 The recommended amendments to Rule 21 include the following clarifications: (1) the number of services allowed for a building or other Customer Premises, (2) the Customer responsibility providing “fire watch/guard” during any Service disruption when a standpipe system, sprinkler system or fire alarm system is out of service, (3) that other water sources such as reclaimed water and shall be used for consolidation of backfill and other nondomestic uses in construction sites if available, and (4) that Backflow Protection Assembly Testers must be registered with CPAU. The proposed amendment also changes the dollar value threshold which triggers water service upgrades on new residential construction or remodeling projects. Currently, customers are required to upgrade the water service’s current standard size and/or material when the existing material is non-plastic or copper and when the construction/remodel cost is greater than $100,000 for residential projects and $300,000 for commercial projects. The amendment increases the residential requirement threshold from $100,000 to $200,000. The current requirement threshold of $300,000 for commercial projects remains the same. Utilities Rule and Regulation 22 (Special Gas Utility Regulations) The recommended amendments to Rule 22 clarify the customer’s responsibility to ensure existing gas facilities on the customer’s property are capable of being maintained by CPAU and describe situations when rerouting, permitting and inspection costs will be the customer’s responsibility. Utilities Rule and Regulation 23 (Special Wastewater Utility Regulations) The recommended amendments to Rule 23 remove duplicative discharge requirements for liquid waste and update requirements for industrial discharges. The amendments also clarify the responsibilities of the City and the customer for wastewater infrastructure, including sewer laterals, the wastewater main, and sewer cleanouts (present or not present) in the Public-Right-of-Way, private property, and inside an easement. The recommended amendment replaces the original upgrade requirement for compromised sewer laterals serving new construction or remodels, with a requirement that Lower Sewer Laterals must be replaced if the Lower Sewer Lateral must be realigned and reconnected to the Wastewater Main at a new location as a result of the new construction or remodel. The proposed changes to the Sewer Backflow Protection requirement reflect the recent modifications to Chapter 16.08.110 Section 710.1 of the Municipal Code that require the installation of an approved backwater valve per the latest adopted version of the California Plumbing Code to protect from backflow of sewage fixtures installed on floor levels that are considered ground level or lower. Utilities Rule and Regulation 24 (Special Refuse Service Regulations) City of Palo Alto Page 5 The recommended amendments to Rule 24 clarify aspects of refuse and recycling services and fees, and eliminate duplicate information and requirements currently provided for in municipal code Chapter 5.20. City of Palo Alto Page 6 Utilities Rule and Regulation 25 (Special Storm and Surface Water Drainage Utility Regulations) The recommended amendments to Rule 25 make minor edits to update the name of the stormwater management fee and clarify that renovations are included in the description of developed parcels. Utilities Rules and Regulation 29 (Net Energy Metering Service Billing and Interconnection) The recommended amendments to Rule 29 update language related to the Net Energy Metering (NEM) services offered by the City to reflect changes in the program rules effective January 1, 2018. Resource Impact Approval of changes to Utilities Rules and Regulation 2, 3, 4, 7, 8, 9, 13, 15, 16, 18, 20, 21, 22, 23, 24, 25 and 29 will not result in a significant change in net operating revenues or expenses. Policy Implications These recommendations do not represent a change in current City policies. Environmental Review The adoption of the resolution amending Utility Rules and Regulations does not meet the definition of a “project” under Public Resources Code 21065 or CEQA Guidelines Section 15378(b)(2), thus no CEQA review of this action is required. Attachments: • Attachment A: Resolution • Attachment B: RR 2 Definitions and Abbreviations • Attachment C: RR 3 Description of Utility Services • Attachment D: RR 4 Application for Service • Attachment E: RR 7 Deposits • Attachment F: RR 8 Access to Premises • Attachment G: RR 9 Disconnection, Termination, and Restoration of Service • Attachment H: RR 13 Shortage of Supply and Interruption of Utility Services • Attachment I: RR 15 Metering • Attachment J: RR 16 Line Extensions • Attachment K: RR 18 Utility Service and Facilities on Customer Premises • Attachment L: RR 20 Special Electric Utility Regulations • Attachment M: RR 21 Special Water Utility Regulations • Attachment N: RR 22 Special Gas Utility Regulations • Attachment O: RR 23 Special Wastewater Utility Regulations • Attachment P: RR 24 Special Refuse Service Regulations • Attachment Q: RR 25 Special Storm and Surface Water Drainage Utility Regulations • Attachment R: RR 29 Net Energy Metering Service Billing and Interconnection ATTACHMENT A RESOLUTION NO. _____________________ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AMENDMENTS TO UTILITIES RULE AND REGULATION 2 (DEFINITIONS AND ABBREVIATIONS), UTILITIES RULE AND REGULATION 3 (DESCRIPTION OF UTILITY SERVICES), UTILITIES RULE AND REGULATION 4 (APPLICATION FOR SERVICE), UTILITIES RULE AND REGULATION 7 (DEPOSITS), UTILITIES RULE AND REGULATION 8 (ACCESS TO PREMISES), UTILITIES RULE AND REGULATION 9 (DISCONNECTION, TERMINATION, AND RESTORATION OF SERVICE), , UTILITIES RULE AND REGULATION 13 (SHORTAGE OF SUPPLY AND INTERRUPTION OF UTILITY SERVICES), UTILITIES RULE AND REGULATION 15 (METERING), UTILITIES RULE AND REGULATION 16 (LINE EXTENSIONS), UTILITIES RULE AND REGULATION 18 (UTILITY SERVICE AND FACILITIES ON CUSTOMER PREMISES), UTILITIES RULE AND REGULATION 20 (SPECIAL ELECTRIC UTILITY REGULATIONS), UTILITIES RULE AND REGULATION 21 (SPECIAL WATER UTILITY REGULATIONS), UTILITIES RULE AND REGULATION 22 (SPECIAL GAS UTILITY REGULATIONS), UTILITIES RULE AND REGULATION 23 (SPECIAL WASTEWATER UTILITY REGULATIONS), UTILITIES RULE AND REGULATION 24 (SPECIAL REFUSE SERVICE REGULATIONS), UTILITIES RULE AND REGULATION 25 (SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS), UTILITIES RULE AND REGULATION 29 (NET ENERGY METERING SERVICE, BILLING AND INTERCONNECTION) The Council of the City of Palo Alto does hereby RESOLVE as follows: Section 1 Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rule and Regulation 2 (Definitions and Abbreviations) is hereby amended as attached and incorporated. Utility Rule and Regulation 2, as amended, shall become effective Month, day 2019. Section 2. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rule and Regulation 3 (Description of Utility Services) is hereby amended as attached and incorporated. Utility Rule and Regulation 3, as amended, shall become effective September 09, 2019. Section 3. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 4 (Application for Service) is hereby amended as attached and incorporated. Utility Rule and Regulation 4, as amended, shall become effective September 09, 2019. Section 4. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 7 (Deposits) is hereby amended as attached and incorporated. Utility Rule and Regulation 7, as amended, shall become effective September 09,2019. Section 9. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 8 (Access to Premises) is hereby amended as attached and incorporated. Utility Rule and Regulation 8, as amended, shall become effective September 09,2019. ATTACHMENT A Section 10. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 9 (Disconnection, Termination and Restoration of Service) is hereby amended as attached and incorporated. Utility Rule and Regulation 9, as amended, shall become effective September 09, 2019. Section 11. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 13 (Shortage of Supply and Interruption of Utility Services) is hereby amended as attached and incorporated. Utility Rule and Regulation 13, as amended, shall become effective September 09, 2019. Section 11. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 15 (Metering) is hereby amended as attached and incorporated. Utility Rule and Regulation 15 as amended, shall become effective September 09, 2019. Section 12. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 16 (Line Extension) is hereby amended as attached and incorporated. Utility Rule and Regulation 16, as amended, shall become effective September 09, 2019. Section 13. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 18 (Utility Service and Facilities on Customer Premises) is hereby amended as attached and incorporated. Utility Rule and Regulation 18, as amended, shall become effective September 09, 2019. Section 14. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 20 (Special Electric Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 20, as amended, shall become effective September 09, 2019. Section 15. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 21 (Special Water Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 21, as amended, shall become effective September 09, 2019. Section 16. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 22 (Special Gas Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 22, as amended, shall become effective September 09, 2019. Section 17. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 23 (Special Wastewater Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 23, as amended, shall become effective September 09, 2019. Section 18. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 24 (Special Refuse Service Regulations) is hereby amended as attached and ATTACHMENT A incorporated. Utility Rule and Regulation 24, as amended, shall become effective September 09, 2019. Section 19. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 25 (Special Storm and Surface Water Drainage Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 25, as amended, shall become effective September 09, 2019. Section 20. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 29 (Net Energy Metering Service, Billing and Interconnection) is hereby amended as attached and incorporated. Utility Rule and Regulation 29, as amended, shall become effective September 09, 2019. Section 22. Council finds that the adoption of this resolution amending Utility Rules and Regulations does not meet the definition of a “project” under Public Resources Code 21065 or CEQA Guidelines Section 15378(b)(2), thus no CEQA review of this action is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: ____________________________ _________________________________ City Clerk Mayor APPROVED AS TO FORM: _________________________________ City Manager ____________________________ Assistant City Attorney _________________________________ Director of Utilities _________________________________ Director of Administrative Services ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 1 A. ABBREVIATIONS AMI - Advanced Metering Infrastructure AMR - Automated Meter Reading AER - Advance Engineering Request APGA - American Public Gas Association ARB - Air Resources Board (California) AWWA - American Water Works Association Btu - British Thermal Unit ccf - Hundred Cubic Feet (water) CEC - California Energy Commission CNG - Compressed Natural Gas CPAU - City of Palo Alto Utilities CPI - Consumer Price Index CPUC - California Public Utilities Commission DFLA - Dark Fiber (Optic) Licensing Agreement DOE - Department of Energy (Federal) DOT - Department of Transportation (Federal) DSM - Demand-side Management EVSE - Electric Vehicle Supply Equipment ERU - Equivalent Residential Unit FERC - Federal Energy Regulatory Commission GPM - Gallons Per Minute kVar - Kilovar kVarh - Kilovar-hours kW - Kilowatt kWh - Kilowatt-hour LCFS - Low Carbon Fuel Standard MW - Megawatt MMBtu - One million Btu. NCPA - Northern California Power Agency NEC - National Electric Code, Latest Version NEM - Net Energy Metering NEM 1 - Net Energy Metering Program NEM 2 - Net Energy Metering Successor Program ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 2 NEMA - Net Energy Metering Aggregation NEMIA - Net Energy Metering Interconnection Agreement NRTL - Nationally Recognized Testing Laboratory PAMC - Palo Alto Municipal Code PSIG - Per square inch gauge RAP - Rate Assistance Program PPA - Power Purchase Agreement PST - Pacific Standard Time RTP - Real-time Pricing RWQCP - Regional Water Quality Control Plant TOU - Time of Use WAPA - Western Area Power Administration UUT - Utilities Users Tax B. GENERAL DEFINITIONS Account The identification number in CPAU’s billing system for Utility Services. Advance Engineering Fee A non-refundable fee paid at the start of an engineering review process. The Advance Engineering Fees will be credited against the estimated job cost prior to collection of construction fees. Agency Any local, county, state or federal governmental body or quasi-governmental body, including, without limitation, the CPUC, the FERC and any joint powers agency, but excluding the City and any board, commission or council of the City. Aggregation Customer A Customer with a Renewable Electrical Generation Facility wishing to install an eligible Renewable Electrical Generation Facility that is sized to offset separately metered electric loads on adjacent or contiguous properties that are solely owned, leased, or rented by themthat Customer, and who have has signed the Net Energy Metering Interconnection Agreement for NEM Aggregation. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 3 Affected System An Eelectric system, other than CPAU’s Ddistribution or Ttransmission Ssystem, that may be affected by the a Customer’s proposed Interconnection of a Generating Facility. Affected System Operator The entity that operates an Affected System. Applicant An individual, corporation, partnership, Agency, or other legal entity or authorized agent of same, requesting CPAU to supply any or all of the following: 1. Electric Service 2. Water Service 3. Gas Service 4. Wastewater Collection 5. Refuse Service 6. Storm and Surface Water Drainage Service 7. Fiber Optics Service Or, an entity submitting an Application for Interconnection pursuant to Rule 27. Application (for Interconnection of Generating Facilities) An approved standard form (Load Sheet) submitted to CPAU for Interconnection of a Generating Facility. Backflow Prevention Assembly Approved device to Keepprevent water from Customer’s plumbing from flowing into the City’s Wwater supplyDistribution Ssystem. Beneficiary Account The Electric Service Meter(s) serviced by an Aggregation Customer’s Generating Facility, as listed on the Aggregation Customer’s NEMA-IA form. Bidweek Price Index ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 4 The price reported in Natural Gas Intelligence “NGI’s Bidweek Survey”, California “PG&E Citygate” under the column “avg.” for the calendar month. Billing Period Also “service period” or “billing cycle”. The normal Billing Period for CPAU Customers is approximately 30 days, with variations occurring due to staff availability, holiday scheduling, field verification of Meter readings, or any other billing-related issues requiring additional investigation prior to issuance of the bill. British Thermal Unit Also “Btu”. The standard sub-unit of measurement comprising a Therm of natural Gas. One (1) Therm equals 100,000 Btu. Business Day Any day, except a Saturday, Sunday, or any day observed as a legal holiday by the City. Business Partner A Utilities customer having multiple service locations in the City of Palo Alto. ccf (lower case) One hundred cubic feet of water (748 gallons). Certification Test A test pursuant to Rule 27 that verifies conformance of certain equipment with approved performance standards in order to be classified as Certified Equipment. Certification Tests are performed by NRTLs. Certification; Certified; Certificate The documented results of a successful Certification Test. Certified Equipment Equipment that has passed all required Certification Tests. Charge ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 5 Any assessment, cost, fee, surcharge or levy for Utility Service other than a Tax, including metered and unmetered Utility Service, capacity, connections, construction, penalties, and mandated or required Customer financial obligations for Service. Charter The Charter of the City of Palo Alto. City Attorney The individual designated as the City Attorney of the City under Section 2.08.120 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, and any Person who is designated the representative of the City Attorney. City’s Collector The Person(s) authorized under Section 5.20.040 of the Palo Alto Municipal Code to provide collection, processing and disposal of Refuse including Solid Waste, Compostable Materials and Recyclable Materials pursuant to one or more written contracts with the City. City Lateral A City Lateral (also known as a Lower Sewer Lateral) is the portion of the Sewer Lateral that is owned and maintained by the City. A City Lateral typically is the lower portion of a Sewer Lateral downstream from the City Sewer Cleanout. City Manager The individual designated as the City Manager of the City under Section 2.08.140 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, and any Person who is designated the representative of the City Manager. City of Palo Alto, or City The government of the City of Palo Alto, a chartered City and a municipal corporation duly organized and validly existing under the LLaws of the State of California, with a principal place of business located at 250 Hamilton Avenue, Palo Alto, County of Santa Clara. For the purposes of these Rules and Regulations, the term “City” may include services provided by both the City of Palo Alto Utilities Department and the City of Palo Alto Public Works Department. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 6 City of Palo Alto Public Works Department (Public Works) The City Department responsible for providing Refuse Service, Wastewater Treatment and Storm and Surface Water Drainage Services. Other Utility Services such as Water, Gas, Electric, Wastewater Collection, and Fiber Optics are provided by the City of Palo Alto Utilities Department. City of Palo Alto Utilities Department (CPAU) The City Department responsible for providing Water, Gas, Electric, Wastewater Collection and Fiber Optic Utility Services. Other Utility Services such as Refuse Service, Wastewater Treatment and Storm and Surface Water Drainage are provided by the City of Palo Alto Public Works Department. City Sewer Cleanout A sewer cleanout is a point of access where the Sewer Lateral can be serviced. The City Sewer Cleanout is defined in Utilities typically marks the transition point between the City Lateral (Lower Sewer Lateral) and the Customer’s Upper Lateral, as further described in Utilities Rules and Regulations 23. Rules and Regulations 23. Code The words "the Code" or "this Code" shall mean the Palo Alto Municipal Code. Commercial Service Commercial Utility Service is provided to businesses, non-profit organizations, public institutions, and industrial Customers. The term also applies to Utility Services through Master Meters serving multi-family Residential dwellings and common areas of multi-family facilities. Compostable Materials Organic materials designated by the City as acceptable for collection and processing, including, without limitation, yard trimmings, food scraps, soiled paper and compostable plastics, but excluding animal manure, sewage sludge, and human biological infectious wastes. Container Any bin, box, cart, compactor, drop box, roll-off box, or receptacle used for storage of Solid Waste, Recyclable Materials, Compostable Materials or other materials designated by the City to be collected by the City’s Collector. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 7 Cooling Degree Days The number of the degrees per day that the daily average temperature is above 65 degrees Fahrenheit. The daily average temperature is the mean of the maximum and minimum temperatures for a 24-hour period. Cross Bore A Cross Bore is the unintentional drilling of a new pipeline through existing pipeline using horizontal drilling technologies.unintended conflict between one utility line and a portion of another utility line. This situation can happen during construction using “horizontal directional drilling” or underground pneumatic boring. Cross Bore Inspection Program The Cross Bore Inspection Program inspects City Laterals and Private Laterals to find Ggas pipes that drillpass through existing Sewer Laterals. Cross Connection Cross Connections are any actual andor potential unprotected connections between a potable water system and any source or system containing unapproved water or a substance which may not be safe. Cross Connection and Backflow Prevention Program Thise program protects the quality of drinking Wwater by preventing contaminants in private Sservice pipes from entering the public Wwater Ddistribution system. Cubic Foot of Gas (cf) The quantity of Gas that, at a temperature of sixty (60) degrees Fahrenheit and a pressure of 14.73 pounds per square inch absolute, occupies one cubic foot. Curtailment The act of reducing or interrupting the delivery of natural Gas. Customer The Person, corporation, Agency, or entity that receives or is entitled to receive Utility Service(s) from the City of Palo Alto, or in whose name Service is rendered for a particular Account as evidenced by the signature on the Application, contract, or agreement for Service. In the absence of a signed instrument, ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 8 a Customer shall be identified by the receipt of any payment of bills regularly issued in the name of the Person, corporation, or Agency regardless of the identity of the actual user of the Utility Service(s). Customer-Generator: A Customer who is Aan “eligible customer-generator,” as that term is defined by the California Public Utilities Code section 2827, as the same may be amended from time to time. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 9 Dark Fiber A Fiber Optic cable provided to end-users or resellers by CPAU without any of the light transmitters, receivers, or electronics required for telecommunications over the Fiber. Infrastructure for Fiber Optic activation is provided by the reseller or end-user. Dark Fiber Infrastructure The Ccomponents of the CPAU Fiber Optic Distribution System required to provide Service to Customers (licensees), that are attached, owned, controlled or used by the City, located overhead or underground within the Public Right-of-Way, the Public Utility Easements and lLeased Service pProperties. Dark Fiber (Optic) Licensing Agreement The mandatory contractual agreement between the City and the Ccustomer specifying the terms, conditions and pricing to access the City of Palo Alto’s Dark Fiber (Optic) Ring. Dedicated Distribution Transformer A Distribution Transformer that is dedicated to serving a single premise. Demand The highest rate of metered delivery of Electric energy, measured in Kilowatts (kW) or kilovolt amperes (kVA) occurring instantaneously or registered within a specified time interval over a fixed time period (normally fifteen minutes within a monthly billing cycle, unless otherwise specified). within a monthly billing cycle). Demand Charge An electrical Charge or rate that is applied to a metered Demand reading, within a specified interval, expressed in Kilowatts (kW) to compute a the Demand Charge component of a Customer’s Electric bill. Demand-side Management The planning, implementation, and monitoring of Uutility activities designed to encourage commercial, residential, agricultural, and institutional Ccustomers to modify patterns of eelectricity, natural ggas, and wwater usage, including the timing and level of demand. Demand-side management also covers the complete range of electric load-shape objectives, including strategic conservation, load management, and strategic load growth. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 10 Demarcation Point The Demarcation Point for a project shall be the Customer side of the panel onto which the CPAU Fiber terminates within the Customer Premises, unless otherwise specified in the Proposal for Dark Fiber Services. Deposit A fixed amount (for residential customers), or an estimated amount based upon usage (for commercial customers, except Fiber Optic), to be paid to the Utilities Department upon submission of an Application for Service. See Utilities Rule and Regulation 7, “Deposits.”Deposits from customers with good payment history will be retained for 36 months and returned to the customer. Customers with inconsistent payment history will have deposits retained or re-submitted until Utility Service on the account is permanently discontinued. Detailed Study An engineering study consisting of an Interconnection System Impact Study and an Interconnection Facilities Study for the purpose of identifying Interconnection Facilities, Distribution Upgrades, and Reliability Network Upgrades. Disconnection Notice A final written notice from CPAU to the Ccustomer indicating the date that all Utility Utilities Services will be terminated or discontinued disconnected for non-payment unless payment is tendered to mitigate an outstanding balance, or until a Payment Arrangement is completed with CPAU for repayment over time. See Rule and Regulation 9, “Disconnection, Termination, and Restoration of Service.” or until a customer’s operating condition is brought into compliance with CPAU regulations and requirements. Discontinuance of Service The closing of a Utilities account. Considered to be a permanent cessation of service unlike temporary termination of service for non-payment. Distribution Services IThis includes, but is not limited to, Utility Service provided by the City’s Distribution System and other Services such as billing, Mmeter reading, administration, marketing, and Customer Services. Distribution Services do Does not include Services directly related to the Interconnection of a Generating Facility, as per Rule 27. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 11 Distribution System The infrastructure owned and operated by CPAU which is capable of transmitting electrical power, other than Interconnection Facilities, or transporting Water, Wastewater, or Gas within the City of Palo Alto. The Electric Distribution System transmits power from the City’s Interconnection with PG&E to CPAU’s Meter located on the Customer’s Premises. The Gas Distribution System transports Gas from PG&E receiving stations to CPAU’s Meter located on the Customer Premises. The Water Distribution System transports Water from the San Francisco Water Department receiving stations and CPAU wells to the meter located on the Customer Premises. The Wastewater Collection System transports sewage from the Customer’s Premises to the Water Quality Control Plant. Duct A single, enclosed thoroughfare for conductors, cables, or wires. Easement See Public Utility Easement. Efficiency The Rratio of water or energy input to useful output, measured at either a single point in time, or measured change in ratio over time. Effluent Treated or untreated Wastewater flowing out of a Wastewater treatment facility, sewer, or industrial outfall. Elasticity of Demand RThe ratio in the percentage change in consumer demand to the percentage change in price. If the ratio is more than one, demand is elastic (sensitive to price). Electric Distribution The process of delivering electric energy to customers on a utility’s distribution system. Transmission lines carry electricity at high voltage to substations which reduce the voltage and distribute the electricity over primary distribution lines that extend throughout the service territory. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 12 Electric, Electric Service A Utility Service provided to residents and business owners in the City of Palo Alto consisting of the generation, transmission, and distribution of electrical power for retail use. Electric Service is provided by the City of Palo Alto Utilities Department. Electric Vehicle A vehicle powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, photovoltaic arrays, residential or commercial charging kiosks, or other sources of electric current. Electric Vehicle Supply Equipment (EVSE) The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. EVSE is as defined in the California Electrical Code, California Code of Regulations (CCR), Title 24, Part 3, Chapter 6, Article 625 (Electric Vehicle Charging System), as amended. Enterprise Funds, Enterprise Services A budgetary identification for individual Utilities services. Each individual Utility (electric, natural gas, water, wastewater, storm drain, fiber optic, refuse) has its own operating and capital budgets, staffing, contracts, financial obligations, cash reserves, etc. combined into specific Enterprise Funds. Emergency An actual or imminent condition or situation, which jeopardizes CPAU’s Distribution System Integrity. Emergency Service The Electric Service supplied to, or made available to, Load devices which are operated only in Emergency situations or in testing for same. Energy Services The Energy commodity and any applicable ancillary Services used to generate and transport such commodity from its origin to the City’s Point of Receipt. May also mean the sale of value- added Services associated with or related to the Provision and/or usage of the energy commodity. Energy Storage Facility, Energy Storage System A facility or storage system that is an “energy storage system,” as that term is defined by the California Public Utilities Code section 2835, as the same may be amended from time to time. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 13 Equivalent Residential Unit (ERU) This is tThe basic unit for computing storm and surface water drainage fees. All single-family Residential properties are billed the number of ERU’s specified in the table contained in Utility Rate Schedule D-1, according to parcel size. All other properties have ERU's computed to the nearest 1/10 ERU using this formula: No. Of ERU = Impervious Area (sq. ft.) / 2,500 sq. ft. ERT (“Encode, Receive, Transmit”) A battery-powered module attached to an Eelectric, natural Ggas, or Wwater meter that permits the remote reading by CPAU of secure, or encrypted, meter data from a centralized location for the purposes of billing, outage management, or data analysis. Final Bill The last bill that is issued upon permanent discontinuance termination of Sservice. This bill will combine ending financial debits and credits, close the Aaccount, and terminate all further Ccustomer and Utility financial obligations, unless additional Sservices are requested by the Ccustomer prior to the receipt of the final bill.. Fiber Optic (Optical Fiber), Fiber Optic Service A solid core of optical transmission material. Fiber Optic Service that is provided by the City of Palo Alto Utilities Department is referred to as Dark Fiber. Fiber Optic Backbone The high-density portion of the Dark Fiber Infrastructure installed and owned by the City. Force Majeure The occurrence of any event that has, had, or may have an adverse effect on the design, construction, installation, management, operation, testing, use or enjoyment of the City’s Utility Services, which is beyond the reasonable control of the parties City or Customer and which event includes, but is not limited to, an Act of God, an irresistible superhuman cause, an act of a superior governmental authority, an act of a public enemy, a labor dispute or strike or a boycott which could not be reasonably contemplated by the City or Customer affected thereby, a defect in manufactured equipment (including, but not limited to, the Dark Fibers), fire, floods, earthquakes, or any other similar cause. Function ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 14 Some combination of hardware and software designed to provide specific features or capabilities. Its use, as in Protective Function, is intended to encompass a range of implementations from a single-purpose device to a section of software and specific pieces of hardware within a larger piece of equipment to a collection of devices and software. Gas Any combustible gas or vapor, or combustible mixture of gaseous constituents used to produce heat by burning. It shall include, but not be limited to, natural gas, gas manufactured from coal or oil, gas obtained from biomass or from landfill, or a mixture of any or all of the above. Gas, Gas Service Gas refers to the Utility Service provided to residents and business owners in the City of Palo Alto. Gas Service consistsing of procurement, transmission, and distribution of any combustible gas or vapor, or combustible mixture of gaseous constituents used to produce heat by burning Gas for retail use. It shall include, but not be limited to, natural gas, gas manufactured from coal or oil, gas obtained from biomass or from landfill, or a mixture of any or all of the above. Gas Service is provided by the City of Palo Alto Utilities Department. Generating Facility All Generators, electrical wires, equipment, and other facilities owned or provided by a Producer for the purpose of producing Electric power. This includes a solar or wind turbine Renewable Electrical Generation Facility that is the subject of a Net Energy Metering and Interconnection Agreement and in compliance with Rule and Regulation 29. Generator A device converting mechanical, chemical or solar energy into electrical energy, including all of its protective and control Functions and structural appurtenances. One or more Generators may comprise a Generating Facility. Gross Nameplate Rating; Gross Nameplate Capacity The total gross generating capacity of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s). Heating Degree Days (HDD) ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 15 The number of the degrees per day that the daily average temperature is below 65 degrees Fahrenheit. The daily average temperature is the mean of the maximum and minimum temperatures for a 24-hour period. Initial Interconnection Capacity The maximum rated generating capacity of a Renewable Electrical Generation Facility eligible for Net Energy Metering prior to the Total Rated Generating Capacity exceeding the NEM Cap. Initial Review The review by CPAU, following receipt of an Application for Interconnection, to determine the following: (a) whether the Generating Facility qualifies for Simplified Interconnection; or (b) if the Generating Facility can be made to qualify for Interconnection with a Supplemental Review determining any additional requirements. Inspector The authorized iInspector, agent, or representative of CPAU. Interconnection; Interconnected The physical connection of a Generating Facility in accordance with the requirements of the City’s Utilities Rules and Regulations allowing so that Parallel Operation with CPAU’s Distribution System can to occur (has occurred). Interconnection Agreement An agreement between CPAU and the Producer providing for the Interconnection of a Generating Facility that gives certain rights and obligations to effect or end Interconnection. For the purposes of the City’s Utilities Rules and Regulations, the Net Energy Metering and Interconnection Agreements (for NEM and NEM Aggregation Customers), and the Power Purchase Agreements authorized by the City Council may be considered as Interconnection Agreements for purposes of defining such term. Interconnection Facilities The electrical wires, switches and related equipment that are required in addition to the facilities required to provide Electric Distribution Service to a Customer to allow Interconnection. Interconnection Facilities may be located on either side of the Point of Common Coupling as appropriate ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 16 to their purpose and design. Interconnection Facilities may be integral to a Generating Facility or provided separately. Interconnection Facilities Study A study conducted by CPAU for an Interconnection Customer under the Detailed Study process to determine a list of facilities (including CPAU’s Interconnection Facilities, Distribution Upgrades, and Reliability Network Upgrades as identified in the Interconnection System Impact Study), the cost of those facilities, and the time required to interconnect the Generating Facility with CPAU’s Ddistribution or Ttransmission System. Interconnection Request An Applicant’s request to for the Iinterconnect of a new Generating Facility, or to increase the capacity of, or make a mMaterial mModification to the operating characteristics of, an existing Generating Facility that is Iinterconnected with CPAU’s Distribution or Transmission System. Interconnection Study A study to establish the requirements for Interconnection of a Generating Facility with CPAU’s Distribution System. Interconnection System Impact Study An engineering study conducted by CPAU for an Interconnection Customer under the Independent Study Process that evaluates the impact of the proposed interconnection on the safety and reliability of CPAU’s distribution and/or transmission system and, if applicable, an Affected System. Internet Exchange Any Internet data center for telecommunications equipment and computer equipment for the purposes of enabling traffic exchange and providing commercial-grade data center services. Island; Islanding A condition on CPAU’s Electric Distribution System in which one or more Generating Facilities deliver power to Customers using a portion of CPAU’s Distribution System that is electrically isolated from the remainder of CPAU’s Distribution System. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 17 Junction A location on the Dark Fiber Infrastructure where equipment is installed for the purpose of connecting communication cables. Junction Site The area within the Transmission Pathway at which a Junction is located. Kilovar (kVar) A unit of reactive power equal to 1,000 reactive volt-amperes. Kilovar-hours (kVarh) The amount of reactive flow in one hour, at a constant rate of Kilovar. Kilowatt (kW) A unit of power equal to 1,000 watts. Kilowatt-hour (kWh) The amount of energy delivered in one hour, when delivery is at a constant rate of one Kilowatt; a standard unit of billing for electrical energy. Law Any administrative or judicial act, decision, bill, Certificate, Charter, Code, constitution, opinion, order, ordinance, policy, procedure, Rate, Regulation, resolution, Rule, Schedule, specification, statute, tariff, or other requirement of any district, local, municipal, county, joint powers, state, or federal Agency, or any other Agency having joint or several jurisdiction over the City of Palo Alto or City of Palo Alto Utilities or Public Works Customers, including, without limitation, any regulation or order of an official or quasi-official entity or body. Licensed Fiber(s) One or more fibers comprising a part of the Dark Fiber Infrastructure that are is dedicated to the exclusive use of the Customer under the Provisions of the Dark Fiber License Agreement, a Proposal to the Dark Fiber Services Agreement, and the Utilities Rules and Regulations. Licensed Fibers Route A defined path of Licensed Fibers that is identified by specific eEnd pPoints. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 18 Load(s) The Electric power Demand (kW) of the Customer at its Service AAddress within a measured period of time, normally 15 minutes, or the quantity of Gas required by a Customer at its Service AAddress, measured in MMBtu per Day. Low Carbon Fuel Standard (LCFS) A program developed and administered by the California Air Resources Board to lower the carbon intensity of transportation fuel under the Global Warming Solutions Act of 2006 (AB 32). Through the LCFS program, the City, through its Electric Utility, receives credits for providing eelectricity to charge electric vehicles. These credits are sold and the funds are utilized to benefit current or future electric vehicle customers, educate the public on the benefits of electric vehicle transportation, and accelerate the adoption of electric vehicles. Lower Sewer Lateral The portion of the wastewater pipe from the Wastewater Main to the City Sewer Cleanout or to the property line if there is no City Sewer Cleanout.See City Lateral. Master-metering Where CPAU installs one Service and Meter to supply more than one residence, apartment dwelling unit, mobile home space, store, or office. Maximum Generation For a Ccustomer with a non-utility generator located on the Ccustomer’s side of the Point of Common Coupling, the Maximum Generation for that non-utility generator during any billing period is the maximum average generation in kilowatts taken during any 15-minute interval in that billing period, provided that in case the generator output is intermittent or subject to violent fluctuations, the City may use a 5-minute interval. Meter The instrument owned and maintained by CPAU that is used for measuring either the eElectricity, Gas or Water delivered to the Customer. Metering ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 19 The measurement of electrical power flow in kW and/or energy in kWh, and, if necessary, reactive power in kVar at a point, and its display to CPAU as required by Rule 27. Metering Equipment All equipment, hardware, software including Meter cabinets, conduit, etc., that are necessary for Metering. Meter Read The recording of Customer usage data from Metering Equipment. Minimum Charge The least amount to be billed to a Customer for which rendering Service, will be rendered in accordance with the applicable Rate Schedule. Momentary Parallel Operation The Interconnection of a Generating Facility to the Distribution System for one second (60 cycles) or less. Nationally Recognized Testing Laboratory (NRTL) A laboratory accredited to perform the Certification Testing requirements under Rule 27. Natural Gas Distribution The process of delivering natural gas to customers on a utility’s distribution system. Transmission lines carry natural gas at high pressures to receiving stations in Palo Alto, which reduce the pressure and distribute the natural gas over distribution lines that extend throughout the service territory. Net Electricity Consumer A Customer-Generator or Producer whose Generating Facility produces less electricity than is supplied by CPAU during a particular period; , as such definition may otherwise be modified or supplemented by any definition in California Public Utilities Code section 2827(h)(2), as the same may be amended from time to time.may also be referred to as a Net Electricity Importer. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 20 Net Electricity Exporter A Customer-Generator whose Generating Facility produces more electricity than is supplied by CPAU during a particular period;; may also be referred to as a Net Surplus Customer-Generator. Net Energy Metering (NEM) Net Energy Metering means measuring the difference between the electricity supplied through CPAU’s Electric utility Distribution System and the electricity generated by the customer-generator’s facility and delivered to CPAU’s Electric utility Distribution System over a specified twelve-month period. A means for Utility Customers to be compensated for renewable electricity they export to the grid. Net Energy Metering 1 (NEM 1) CPAU’s original Net Energy Metering (NEM) Program and Net Energy Metering Aggregation (NEMA) Program, either individually or collectively, which were developed in accordance with Senate Bill 656 (1995). ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 21 Net Energy Metering Cap (NEM Cap) The MW value reached when the Total Rated Generating Capacity used by eligible NEM 1 Customer- Generators exceeded 5 percent of CPAU’s aggregate Ccustomer peak Ddemand, at which point NEM 1 became closed to new Customer-Generators. CPAU reached its NEM Cap on December 31, 2017. Five (5) percent of the historical system peak of 190 MW from 2006, or 9.5 MW, using the CEC’s Alternating Current (AC) capacity rating. Where the CEC AC rating is not available, CPAU will multiply the inverter AC nameplate rating by 0.86. Net Energy Metering Successor Program2 (NEM 2); Net Energy Metering Successor Rate Program CPAU’s NEM Program offering compensation for Customer-Generators whose Generating Facilities are Interconnected after the NEM Cap was reached, orincluding Customers-Generators who are eligible for NEM 1 but elect to take Service under the Net Energy Metering Successor Program. NEM 2 Customers take Service under Utilities Rate Schedule E-EEC-1 (Export Electricity Compensation), in conjunction with their otherwise applicable Rrate Sschedule.The terms and conditions for Customer-Generators whose Renewable Electrical Generation Facilities are installed after the NEM cap has been reached, or Customers-Generators who are eligible for Net Energy Metering but elect to take service under the Net Energy Metering Successor Rate. The terms and conditions are defined by Utilities Rate Schedule E- EEC-1 (Export Electricity Compensation). Net Energy Metering Aggregation The process by which an eligible Customer-Generator with multiple Meters participating in CPAU’s NEM 1 Program may elect to combine the electrical Load of the Meters located on the property where the Renewable Electrical Generation Facility is located and on property adjacent or contiguous, if those properties are solely owned, leased, or rented by the eligible Customer-Generator. Net Generation Metering Metering of the net electrical power of energy output in kW or energy in kWh, from a given Generating Facility. This may also be the measurement of the difference between the total electrical energy produced by a Generator and the electrical energy consumed by the auxiliary equipment necessary to operate the Generator. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 22 Net Nameplate Rating The Gross Nameplate Rating minus the consumption of electrical power of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s). Net Surplus Customer-Generator A Customer-Generator who’s whose Generating Facility produces more electricity than is supplied by CPAU, during a particular period; may also be referred to as aSee Net Electricity Exporter. , as such definition may otherwise be modified or supplemented by any definition in California Public Utilities Code section 2827(h)(3), as the same may be amended from time to time. Net Surplus Electricity Compensation A per kilowatt-hour rate offered by CPAU to the NEM 1 Net Surplus Customer-Generators (excluding NEM Aggregation Customers) for net surplus electricity, as such definition may otherwise be modified or supplemented by any definition in California Public Utilities Code section 2827(b)(8), as the same may be amended from time to time. This rate is applicable only to Customer-Generators who are eligible for Net Energy Metering and are subject to Rule and Regulation 29. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 23 Non-Islanding A method dDesigned to detect and disconnect from an UUnintended Island with matched Load and generation. Reliance solely on under/over voltage and frequency trip is not considered sufficient to qualify as Non-Islanding. Occupied Domestic Dwelling Any house, cottage, flat, or apartment unit having a kitchen, bath, and sleeping facilities, which is occupied by a Person or Persons. Parallel Operation The simultaneous operation of a Generator with power delivered or received by CPAU while Interconnected. For the purpose of this Rule, Parallel Operation includes only those Generating Facilities that are Interconnected with CPAU’s Distribution System for more than 60 cycles (one second). Performance Test, Performance Tested After the completion of any Fiber Interconnection work, the City will conduct a Performance Test of each Fiber constituting a part of the proposed leased fibers to determine its compliance with the Performance Specifications. Performance Specifications These specifications will include, but not be limited to, criteria relating to end-to-end optical time domain reflectometer data plots that identify the light optical transmission losses in each direction along the leased Ffibers whenever the testing is possible, measured in decibels at a wavelength of 1310 or 1550 nanometers for single-mode Fiber, as a fFunction of distance, measured in kilometers. Person Any individual, for profit corporation, nonprofit corporation, limited liability company, partnership, limited liability partnership, joint venture, business, family or testamentary trust, sole proprietorship, or other form of business association. PG&E Citygate ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 24 The PG&E Citygate is the point at which PG&E’s backbone natural Ggas transmission system connects to PG&E’s the CPAU local natural Ggas transmission Ddistribution Ssystem. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 25 Point of Common Coupling (PCC) The transfer point for electricity between the electrical conductors of CPAU and the electrical conductors of the Producer. Point of Common Coupling Metering Metering located at the Point of Common Coupling. This is the same Metering as Net Generation Metering for Generating Facilities with no host Lload. Point of Delivery (POD) Unless otherwise specified, the following definitions apply: For Electric, that location where the Service lateral conductors connect to the Customer’s Service entrance equipment; for overhead Services, the POD is at the weather-head connection; for under-ground Services, the POD is located at the terminals ahead of or at the Meter; for multiple Meter arrangements with connections in a gutter, the POD is at the Meter terminals (supply-side); for multiple Meter arrangements in a switchboard, the POD is typically at the connectors in the utility entrance section; for Natural Gas, the POD is the point(s) on the Distribution System where the City delivers natural Gas that it has transported to the Customer. Point of Interconnection The electrical transfer point between a Generating Facility and the Distribution System. This may or may not be coincident with the Point of Common Coupling. Point of Service (POS) Where CPAU connects the Ccustomer’s Electric Service lateral to its Distribution System. For Fiber Optics Service, this is where CPAU connects the Ccustomer’s Fiber Service to the backbone. This point is usually a box located in or near the street or sidewalk and can be in the Public Right-of-Way. This point is at a mutually agreed upon location established at the time of installation. Pole Line Overhead wires and overhead structures, including poles, towers, support wires, conductors, guys, studs, platforms, cross arms braces, transformers, insulators, cutouts, switches, communication circuits, appliances attachments, and appurtenances, located above ground and used or useful in supplying Electric, communication, or similar or associated Service. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 26 Power Factor The percent of total power delivery (kVA) which does useful work. For billing purposes, average Power Factor is calculated from a trigonometric function of the ratio of reactive kilovolt-ampere-hours to the kKilowatt-hours consumed during the billing month. Power Factor is a ratio that reflects the reactive power used by a Customer. CPAU maintains an overall system Power Factor above 95% to reduce distribution system losses caused by low Power Factor. Power Factor Adjustment An adjustment to Customer’s bill that CPAU may make when necessary due to Customer maintaining low Power Factor. CPAU must install additional equipment to correct for Customers that maintain a low Power Factor. CPAU, and may make a Power Factor Adjustment to a Customer’s bill to account for those costs to install additional equipment to correct for Customers that maintain a low Power Factor and the additional energy costs and losses incurred by CPAU due to the Customer’s low Power Factor. Premise(s) All structures, apparatus, or portion thereof occupied or operated by an individual(s), a family, or a business enterprise, and situated on an integral parcel of land undivided by a public street, highway, or railway. Primary Service The CPAU Electric Ddistribution Service CPAU providesd to a Customer’s Premises at a voltage level equal to or greater than 1000 volts. Private Lateral A Private Lateral (also known as the Upper Sewer Lateral) is the portion of the Sewer Lateral that is owned and maintained by the Customer. A Private Lateral typically is the upper portion of a Sewer Lateral upstream from the City Sewer Cleanout. A Private Lateral may include the entire Sewer Lateral if thea City Sewer Cleanout is not present or if the Sewer Main is in a Public Utility Easement. Producer The entity that executes an Interconnection Agreement with CPAU. The Producer may or may not own or operate the Generating Facility, but is responsible for the rights and obligations related to the Interconnection Agreement. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 27 Proposal for Dark Fiber Services A project-specific Service agreement that acts as a supplemental document for the Dark Fiber License Agreement. This Service agreement shall include the proposed Interconnection fees, applicable Fiber licensing fees, term of the Service, and summary of licensed Fiber elements. Protective Function(s) The equipment, hardware and/or software in a Generating Facility (whether discrete or integrated with other Functions) whose purpose is to protect against Unsafe Operating Conditions. Provision Any agreement, circumstance, clause, condition, covenant, fact, objective, qualification, restriction, recital, reservation, representation, term, warranty, or other stipulation in a contract or in Law that defines or otherwise controls, establishes, or limits the performance required or permitted by any party. Prudent Utility Practices The methods, protocols, and procedures that are currently used or employed by utilities to design, engineer, select, construct, operate and maintain facilities in a dependable, reliable, safe, efficient and economic manner. Public Right-of-Way The areas owned, occupied or used by the City for the purposes of furnishing retail and/or wholesale Electricity, Gas, Water, Wastewater, Storm and Surface Water Drainage, Refuse Service or communications commodity and/or distribution Service, and the means of public transportation, to the general public, including but not limited to, the public alleys, avenues, boulevards, courts, curbs, gutters, lanes, places, roads, sidewalks, sidewalk planter areas, streets, and ways. Public Utility Easements; Easement The areas occupied or used by the City for the purpose of providing Utility Service and all related Services offered by the City to the general public, and all related Services offered by the City’s Utilities Department and/or Public Works Department, the rights of which were acquired by easements appurtenant or in gross, or are other interests or estates in real property, or are the highest use permitted to be granted by the nature of the City’s interest in and to the affected real property. This term ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 28 incorporates all public Service Eeasements for Utility Services that have been recorded by the City with the Recorder of the County of Santa Clara, California. Public Works Department See City of Palo Alto Public Works Department. Rate Schedule One or more Council-adopted documents setting forth the Charges and conditions for a particular class or type of Utility Service. A Rate Schedule includes wording such as Schedule number, title, class of Service, applicability, territory, rates, conditions, and references to Rules. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 29 Recyclable Materials Materials designated by the City as suitable for collection and transport to a material recovery facility for processing into a recycled content product, including, but not limited to newspaper, paper, cans, corrugated cardboard, glass and certain types of plastic, and metals. Refuse Service Refuse Service includes weekly collection, processing and disposal of Solid Waste, weekly collection and processing of Recyclable Materials, weekly collection and processing of Compostable Materials and construction and demolition waste, street sweeping service, the household hazardous waste program, and the annual Clean Up Day. Reliability Network Upgrades The transmission facilities at or beyond the point where CPAU’s Ddistribution Ssystem interconnects to the CAISO Controlled Grid, that are necessary to for the iInterconnection of one or more Generating Facility(ies) safely and reliably to the CAISO Controlled Grid, as defined in the CAISO Tariff. Renewable Electrical Generation Facility A Generation Facility eligible for NEM 1 under California Public Utilities Code section 2827 et seq. as the same may be amended from time to time. Reserved Capacity For a Ccustomer with one or more non-utility generators located on the Ccustomer’s side of the Point of Common Coupling, the Reserved Capacity for each billing period is the lesser of 1) the sum of the Maximum Generation for that period for all non-utility generation sources; or 2) the maximum average Ccustomer Ddemand in kilowatts taken during any 15-minute interval in the billing period, provided that in case the Lload is intermittent or subject to violent fluctuations, the City may use a 5-minute interval. Residential Service Utility Service provided to separately metered single family or multi-family, domestic dwelling. Restoration of Service ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 30 The reactivation of a Utilities Aaccount after: a) payment is received after Ddisconnection for non-payment., or b) the operating condition of a Ccustomer’s facility is brought into compliance with CPAU requirements. See Rule and Regulation 9, “Disconnection, Termination, and Restoration of Service.” Rules and Regulations See Utilities Rules and Regulations Scheduling Coordinator An entity providing the coordination of power schedules and nominations to effect transportation and distribution of Gas, Electric power and energy. Secondary Service CPAU Electric distribution Service provided to a Customer’s Premises at a voltage level less than 1000 volts. Service(s) Utility Services offered by the City of Palo Alto include Electric, Fiber Optics, Gas, Water, Wastewater Collection services provided by the Utilities Department (CPAU); and Refuse Service, Wastewater Treatment, and Storm and Surface Water Drainage Services provided by the Public Works Department. Service Address The official physical address of the building or facility assigned by CPAU’s Planning Department, at which Customer receives Utility Services. Service Charge A fixed monthly Charge applicable on certain Rate Schedules that does not vary with consumption. The Charge is intended to recover a portion of certain fixed costs. Service Drop The overhead Electric Service conductors from the last pole or other aerial support to and including the splices, if any, connecting to the service entrance conductors at the building or other structure. Or, in the case of Fiber Optic Drops, the overhead Fiber Optics cable from the last pole or other aerial support to the building or other structure to and including the termination box. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 31 Services or Service Lines The Facilities of CPAU, excluding transformers and Meters, between CPAU’s infrastructure and the Point of Delivery to the Customer. Service Territory The geographic area within the boundaries within establishing the City city limits of Palo Alto and limits served by the CPAU’s physical Distribution System of the CPAU. Sewer Cleanout A point of access where the sewer lateral can be serviced. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 32 Sewer Lateral The Sewer Lateral is a pipe that takes an individual building’s Wastewater to the Wastewater Main in the Public Right-of-Way or in a Public Utility Easement. A pipe that conveys wastewater from a building to the wastewater main. Short Circuit (Current) Contribution Ratio (SCCR) The ratio of the Generating Facility’s short circuit contribution to the short circuit contribution provided through CPAU’s Distribution System for a three-phase fault at the high voltage side of the distribution transformer connecting the Generating Facility to CPAU’s system. Simplified Interconnection An Interconnection conforming to the minimum requirements as determined under Rule 27. Single Line Diagram; Single Line Drawing A schematic drawing, showing the major Electric switchgear, Protective Function devices, wires, Generators, transformers and other devices, providing sufficient detail to communicate to a qualified engineer the essential design and safety of the system being considered. Smart Inverter A Generating Facility’s inverter that performs functions that, when activated, can autonomously contribute to grid support during excursions from normal operating voltage and frequency system conditions by providing: dynamic reactive/real power support, voltage and frequency ride-through, ramp rate controls, communication systems with ability to accept external commands and other functions. Solid Waste Solid Waste means solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial premises, including garbage, trash, rubbish, ashes, industrial wastes, manure, animal carcasses, solid or semisolid wastes, and other solid and semisolid wastes. Solid Waste shall not include liquid wastes or sewage, abandoned vehicles, hazardous waste, recyclable materials or compostable materials. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 33 Special Facilities Special Facilities are facilities requested by an Applicant in addition to or in substitution for standard facilities which CPAU would normally provide. Splice A point where two separate sections of Fiber are physically connected. Standby Service The Bback-up Energy Services provided by CPAU. State Energy Surcharge The California State Board of Equalization administers the Energy Resources Surcharge Law, as authorized under the Revenue and Taxation Code (section 40016). The surcharge is imposed upon the consumption in California of electrical energy purchased from an electric utility on and after January 1, 1975. Every electric utility in California making energy sales to consumers must collect and remit to the state the amount of surcharge applicable to its consumers. Information on the surcharge and current surcharge rate can be found at the California Board of Equalization’s web site. Storm and Surface Water Drainage A Utility Service provided to residents and business owners in the City of Palo Alto. Storm and Surface Water Drainage Service is provided by the City of Palo Alto Public Works Department. Submetering Utility submetering is the implementation of a system that allows a landlord, property management firm, condominium association, homeowners association, or other multi-tenant property to bill Mmaster- Mmetered tenants for Uutility usage. See Utilities Rule and Regulation 11, “Billing, Adjustment, and Payment of Bills.” Supplemental Review A process wherein CPAU further reviews an Application that fails one or more of the Initial Review Process screens. The Supplemental Review may result in one of the following: (a) approval of Interconnection; (b) approval of Interconnection with additional requirements; or (c) cost and schedule for an Interconnection Study. System Integrity ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 34 The condition under which a Distribution System is deemed safe and can reliably perform its intended fFunctions in accordance with the safety and reliability rules of CPAU. Tax Any assessment, Charge, imposition, license, or levy (including any Utility Users Tax) and imposed by any Agency, including the City. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 35 Telemetering The electrical or electronic transmittal of Metering data in real-time to CPAU. Temporary Service When Service is requested for limited period of time or of indeterminate duration, such as, but not limited to, Service to provide power for construction, seasonal sales lots (Christmas trees), carnivals, rock crushers or paving plants. Temporary Service does not include Emergency, breakdown, or Standby Service. Termination of Service When one or more Utilities services are interrupted for non-payment. until a Ccustomer’s operating condition is brought into compliance with CPAU regulations and requirements. Assumed This is assumed to be a temporary situation unless service is permanently discontinued terminated and the Account is closed. See Rule and Regulation 9, “Disconnection, Termination, and Restoration of Service.” Therm A Therm is a unit of heat energy equal to 100,000 British Thermal Units (Btu). It is approximately the energy equivalent of burning 100 cubic feet (often referred to as 1 ccf) of natural Gas. Since Meters measure volume and not energy content, a Therm factor is used to convert the volume of Gas used to its heat equivalent, and thus calculate the actual energy use. The Therm factor is usually in the units therms/ccf. It will vary with the mix of hydrocarbons in the natural Gas. Natural Gas with a higher than average concentration of ethane, propane or butane will have a higher Therm factor. Impurities, such as carbon dioxide or nitrogen lower the Therm factor. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 36 Total Rated Generating Capacity Total Rated Generating Capacity will be calculated as the sum of the rated generating capacity of all installed Renewable Electrical Generation Facilities participating in NEM 1 or NEM 2 Aggregation. The rated generating capacity for each individual Renewable Electrical Generation Facility participating in NEM 1 or NEM Aggregation 2 will be calculated as follows: 1. For Solar: For each Renewable Electrical Generation Facility that is a solar photovoltaic generating facility, CPAU will use the CEC’s Alternating Current (AC) rating; or where the CEC AC rating is not available, CPAU will multiply the inverter AC nameplate rating by 0.86; and 2. For Non-Solar: For all other Renewable Electrical Generation Facilities, CPAU will use the AC nameplate rating of the generating facility. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 37 Transfer Trip A Protective Function that trips a Generating Facility remotely by means of an automated communications link controlled by CPAU. Transmission Pathway Those areas of the Public Right-of-Way, the Public Utility Easements and the Leased Service Properties in which the Dark Fiber Infrastructure is located. Transmission System Transmission facilities owned by CPAU that have been placed under the CAISO’s operation control and are part of the CAISO Controlled Grid, as defined in the CAISO Tariff. Trap Any approved equipment or appliance for sealing an outlet from a house-connection sewer to prevent the escape of sewer Gas from a main line through a building connection (service) sewer. Underground Utility District An area in the City within which poles, overhead electric or telecommunication wires, and associated overhead structures are prohibited or as otherwise defined in Section 12.04.050 of the PAMC. Unintended Island The creation of an Island, usually following a loss of a portion of CPAU’s Distribution System, without the approval of CPAU. Unsafe Operating Conditions Conditions that, if left uncorrected, could result in harm to personnel, damage to equipment, loss of System Integrity, or operation outside pre-established parameters required by the Interconnection Agreement. Upper Sewer Lateral The portion of the wastewater pipe from the building or structure to the City Sewer Cleanout or Lower Sewer Lateral.See Private Lateral. Utilities Department ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 38 See City of Palo Alto Utilities Department. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 39 Utilities Director The individual designated as the Director of Utilities Department under Section 2.08.200 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, and any Person who is designated the representative of the director of utilities. Utility(ies) Rules and Regulations, Rules and Regulations The compendium of Utilities Rules and Regulations prepared by the City’s Utilities and Public Works Departments and adopted by ordinance or resolution of the Council pursuant to Chapter 12.20 of the Palo Alto Municipal Code, as amended from time to time. Utility(ies) Service(s), Service(s) Electric, Fiber optics, Water, Gas, Wastewater collection services provided by the City of Palo Alto Utilities Department (CPAU), and Refuse Service, Wastewater Treatment and Storm and Surface Water Drainage services provided by the City of Palo Alto Public Works Department. Utility Service Application (Application) A general CPAU Application form documenting an Applicant’s request for Electric, Water, Gas and Wastewater Service. The Application documents the aApplicant’s contact information, billing information and basic electric, water, gas and wastewater loading data necessary to approve, design and install sufficient facilities based on Lload and usage information provided by the Applicant. Utility Users Tax (UUT) A City of Palo Alto Tax imposed on Utility Charges to a Water, Gas, and/or Electric Service userCustomer. This may include Charges made for Electricity, Gas, and Water and Charges for Service including Customer Charges, Service Charges, Standby Charges, Charges for Temporary Services, Demand Charges, and annual and monthly Charges, as described in Chapter 2.35 of the Palo Alto Municipal Code. Wastewater Utility Service provided to residents and business owners in the City of Palo Alto. Wastewater Utility Services include collection and treatment of wWastewater. Wastewater Collection Service is provided by the City of Palo Alto Utilities Department, and Wastewater Treatment Service is provided by the City of Palo Alto Public Works Department. ATTACHMENT B DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X11-XX01-201969-9-2019 Sheet No 40 Wastewater Main The Ccollector pipes for numerous Ssewer Llaterals from an area or neighborhood. Wastewater Mains convey the wastewater to larger trunk sewer lines or to a water quality treatment plant. Water A Utility Service provided to residents and business owners in the City of Palo Alto for retail use. Water Service is provided by the City of Palo Alto Utilities Department. Water Distribution The process of delivering potable water to customers on a utility’s distribution system. Transmission lines carry potable water from the San Francisco Public Utility Commission’s Hetch Hetchy System, to receiving stations in Palo Alto, which then distribute the water over distribution lines that extend throughout the Sservice Tterritory. In cases of reduced water supply from Hetch Hetchy, local wells in Palo Alto can also withdraw potable water from local aquifers and inject it into the Wwater Ddistribution Ssystem. Water Column (WC) A Ppressure unit based on the difference in inches between the heights of water columns as measured in a manometer. 6” WC = 0.217 psi; 7” WC = 0.25 psi. (END) ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 1 A. GENERAL Rule and Regulation 3 describes Services that are offered within the jurisdictional boundaries of the City of Palo Alto. For Rules specific to each type of Service, please refer to the following Rules and Regulations: Rule and Regulation 20 – Special Electric Utility Regulations Rule and Regulation 21 – Special Water Utility Regulations Rule and Regulation 22 – Special Gas Utility Regulations Rule and Regulation 23 – Special Wastewater Utility Regulations Rule and Regulation 24 – Special Refuse Service Regulations Rule and Regulation 25 – Special Storm and Surface Water Drainage Utility Regulations Rule and Regulation 26 – Special Fiber Optics Utility Regulations B. ELECTRIC SERVICE 1. BASIS OF SERVICE a. Unless otherwise provided in a Rate Schedule or contract, CPAU’s Electric rates are based upon the furnishing of Electric Service to Customer Premises at a single Point of Delivery at a single voltage and phase classification. Unless specified otherwise, each Point of Delivery shall will be metered and billed separately under the appropriate Rate Schedule. Any additional Service supplied to the same Customer at other Points of Delivery or at a different voltage or phase classification shall will be separately metered and billed. b. The type of distribution Service (voltage, Secondary, Primary) available at any particular location may be determined by inquiry to a CPAU Engineering representative. c. The Customer is responsible for the installation of all equipment from the facility to the designated Point-of-Service. For underground systems, this includes conduit and conductors. For overhead systems, because the Point-of-Service is the weatherhead or point of attachment to the facility, this includes the mast or riser and all conductors therein. d. When the City replaces a Service, the Customer is obligated to accept a shutdown ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 2 of Utility Service during regular working hours. The time of the shutdown shall be agreed upon as mutually acceptable. When, for the convenience of the Customer, the shutdown is during other than regular working hours, it shall be done entirely at the Customer’s expense. The Customer shall pay the entire cost of the overtime labor, not the incremental cost. cec. If the Customer, for his or her convenience, requests Secondary or Primary Services at an alternate Point of Delivery other than the normal Point of Delivery as determined by CPAU, the Customer is will be responsible for all costs of providing Secondary or Primary Services at such the alternate location. dfd. CPAU assumes no duty, responsibility or liability for inspecting, validating or approving the safe operating condition of the Customer’s Service, appliances, or equipment downstream of the Utility Meter. ege. See Rule and Regulation 20. "Special Electric Utility Regulations" regarding special Service requirements. 2. LOCATION OF POINT OF SERVICE a. SECONDARY SERVICE 1. OVERHEAD SERVICE AT SECONDARY VOLTAGES The Point of Service for Overhead Service at secondary voltages will normally be located at a power pole on the perimeter of the parcel to be served, which is, in CPAU’s judgment, most conveniently located and in compliance with CPAU standards and specifications and applicable building and electrical codes. 2. UNDERGROUND SERVICE AT SECONDARY VOLTAGE The Point of Service for Underground Service at secondary voltages will normally be located at the Secondary connectors of the transformer serving the Customer’s Load, or in the Secondary hand hole, if available. b. PRIMARY SERVICE ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 3 The Point of Service for Primary Service will normally be at the point near the property line of the premises to be served which is, in CPAU’s judgment, most conveniently located with respect to CPAU’s transmission or distribution facilities. c. EXCEPTIONS If several buildings are occupied and used by one Customer in a single business or other activity, CPAU may, at its discretion, furnish Service for the entire group of buildings through one Service connection at one Point of Service. 3. EQUIPMENT REQUIREMENTS All new and replacement equipment in underground areas required to provide Eelectric Sservice to a Customer shall will be pad-mounted. In addition, any three-pPhase Eelectric Sservice connection and any Eelectric Sservice connection rated at 400 Amps or greater than 400 Amps which is located either in an underground or overhead area must be served from a pad-mounted transformer. The Utilities Director, or his/her designee, may authorize: 1) an exception to the above provisions when, in his/her opinion, a pad-mounted equipment installation in any particular instance would not be feasible or practical or 2) installation of Eelectric Sservice equipment in locations with limited access by utility equipment. Such installations will be considered “Special Facilities” as defined in Rule and Regulation 20, and the Applicant will be responsible for the costs described in that Rrule and outlined in the Service Contract as described in Rule and Regulation 5. If the Applicant wants a Point of Delivery other than at the location determined by CPAU, CPAU will work with the Applicant to assist in the selection of, and must approve, the alternate Point of Delivery location for the Eelectric Sservice equipment within the boundaries of the Applicant’s property. When the Applicant chooses a Point of Delivery location other than the location which has been determined by CPAU, the Applicant must acknowledge that such an alternate Point of Delivery location will cause CPAU personnel to incur delays when performing repairs or Sservice restoration during emergencies. In addition to being responsible to pay for the initial cost of installation of such Eelectric Sservice equipment in an alternate location, the Applicant shall will also be responsible to pay for any future additional labor, equipment, and material costs ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 4 incurred by CPAU necessary to facilitate replacement, removal, or relocation of any Eelectric Sservice equipment which has been installed in an alternate Point of Delivery location at the Applicant’s request. Any installation intended to assist in “screening” of Eelectric Sservice equipment by landscaping or structures must be constructed in a manner which meets all of CPAU’s clearance standards. The plans for such screening must be approved by the City of Palo Alto and CPAU prior to beginning work on the screening installation. The Applicant shall must provide a Public Utility Easement in recordable form for installation of such facilities within the boundaries of the property. All pad-mounted equipment will be subject to CPAU’s aesthetic guidelines. 4. EMERGENCY AND STANDBY SERVICES CPAU may provide back- up, Emergency, and other Standby Service to Customers, at its sole option and discretion, as Special Facilities. FacilitiesServices. See Rule and Regulation 20 "Special Electric Utility Regulations" regarding special Service Facilities requirements. 5. SERVICE DELIVERY VOLTAGE The following are the standard Service voltages normally available. Not all standard Service voltages are available at each Point of Delivery. These Service voltages are available in locations that already have this Service voltage and have sufficient capacity, as determined by CPAU, to serve the new Load. Any equipment installed on 120/240, 3 wire or 240/120, 4-wire Services shall must have the capability of converting to a 120/208, 3 wire or 208 Y/120, 4-Wire Service. a. DISTRIBUTION OF VOLTAGE Alternating-current Service will be regularly supplied at a nominal frequency of approximately 60-Hertz (cycles per second). Single-Phase Three-Phase Three-Phase Secondary Secondary Primary ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 5 120/240, 3 -wire 240/120, 4-wire* 12,470, 3-wire 120/208, 3-wire 240, 3-wire* 208 Y/120, 4-wire 480 Y/277, 4-wire *Only available in special conditions as determined by the Electric Engineering Manager. b. All voltages referred to in this Rule and appearing in some Rate Schedules are nominal Service voltages at the Point of Delivery. CPAU’s facilities are designed and operated to provide sustained Service voltage at the Point of Delivery, but the voltage at a particular Point of Delivery will vary within satisfactory operating range limits. c. In areas where a certain standard Secondary voltage is being delivered to one or more Customers, CPAU may require an Applicant for new Service in such areas to receive the same standard voltage supplied to existing Customers. d. CPAU may change the voltage at which Service is delivered, including converting existing 4160 volt Primary Service to 12,470 volt Service. If CPAU notifies the Customer that a Service voltage change is necessary, the Customer will be required to provide Service equipment capable of accepting the new voltage and meeting other CPAU requirements. The Customer will bear all costs of providing suitable Service equipment to receive Service at the new voltage.Costs to provide suitable Customer’s Service entrance equipment and any other associated equipment to receive Service at the new voltage shall will be borne by the Customer. 6. VOLTAGE AND FREQUENCY CONTROL a. Under normal Load conditions, CPAU’s distribution circuits will be operated so as to maintain Service voltage levels to Customers within plus or minus 5 percent of the nominal Service voltage at the Point of Delivery. Subject to the limitations above, CPAU will maintain the voltage balance between phases as close as practicable to 2.5% maximum deviation from the average voltage between the three phases. ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 6 b. Voltages may be outside the limits specified above when the variations: 1. arise from Service interruptions; 2. arise from temporary separation of parts of the system from the main system; 3. are minor momentary fluctuations and transient voltage excursions of short duration which may occur in the normal operation of CPAU system; 4. are beyond CPAU’s control. c. Due to conditions beyond the control of CPAU, the Customer, or both, there will be infrequent and limited periods when voltages will occur outside of the nominal Service voltage ranges. Utilization equipment may not operate satisfactorily under these conditions, and protective devices in the equipment may operate to protect the equipment. d. Where the operation of the Customer’s equipment requires stable voltage regulation or other stringent voltage control beyond that supplied by CPAU in the normal operation of its system, the Customer, at its own expense, is responsible for installing, owning, operating, and maintaining any special or auxiliary equipment on the Load side of the Service delivery pointPoint of Delivery as deemed necessary by the Customer. e. The Customer shall will be responsible for designing and operating its Service facilities between the Point of Delivery and the utilization equipment to maintain proper utilization voltage at the line terminals of the utilization equipment. f. The Customer shall may not impose a Load on CPAU’s system that will cause the voltage limits in this section to be exceeded for an adjacent Service delivery point. g. When there is reasonable indication of a problem, CPAU shall will test for excessive fluctuations at its own expense. Voltage checks requested by the Customer more than once in any twelve month period shall will be paid by the Customer, unless CPAU determines that excessive voltage fluctuation exists. h. CPAU may institute measures to prevent the continuous operation of equipment detrimental to Service to other Customers or may discontinue Electric Service to the offending Customer. (See Rule and Regulation 20, Special Electric Utility ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 7 Regulations). i. Customers are responsible for protecting their connected Loads, audio, video, and electronic equipment, including computers, from sudden voltage or frequency fluctuations outside nominal Service and frequency ranges. Such protection may include, but is not limited to, surge protectors. 7. GENERAL LOAD LIMITATIONS a. SINGLE-PHASE SERVICE 1. Single-phase Service normally will be 3-wire, 120/240 volts (or 3-wire, 120/208 volts at certain locations as now or hereafter established by CPAU) where the size of any single motor does not exceed 7-1/2 horsepower (10 horsepower at the option of CPAU). For any single-phase Service, the maximum Service size shall will be 400 amperes, unless approved by the Utilities Director or his/her designee. If the Load exceeds the capability of a 400- ampere single phase Service the Service shall will be three-phase. 2. In locations where CPAU maintains a 120/208 volt secondary system, 3-wire single-phase Service normally shall will be limited to that which can be supplied by a main switch or Service entrance rating of 200 amperes. Single-phase Loads in these locations in excess of that which can be supplied by a 200- ampere main switch or Service entrance rating normally will be supplied with a 208Y/120 volt, three-phase, 4-wire Service. b. THREE-PHASE SERVICE (480 VOLTS OR LESS) Minimum Load Maximum Demand Normal Voltage Requirements Load Permitted 240/120 5 hp, 3-phase connected 400 Amperes 240 5 hp, 3-phase connected 400 Amperes 208Y/120 Demand Load 75 kVA 500 500 kVA 480Y/277 Demand Load 112 kVA 2,500 kVA (See Note 1) ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 8 Note 1. Applicants or existing Customers with a planned or existing single or multiple building development having a maximum Demand in excess of 2500 kVA, as determined by CPAU, will be required to take delivery at the available primary voltage and are required to provide their own primary switchgear and transformer(s). Determination of maximum Demand and Service voltage will be made by CPAU and the decision of the Electric Engineering Manager will be final. 1. Where three-phase Service is supplied, CPAU reserves the right to use single-phase transformers, connected open-delta or closed-delta, or three-phase transformers. 2. Three-phase Service will be supplied on request for installations aggregating less than the minimum listed above, but not less than 3 horsepower (hp), three-phase Service, where existing transformer capacity is available. Three-phase Service will be supplied for installations meeting the requirements aboveof 7(b). If three-phase Service is not readily available, or for Service to Loads less than 3 hp, Service shall will be provided in accordance with CPAU’s applicable Rule and Regulation 20, on Special Power Service Electric Utility Rrequirements. 3. Residential Ccustomers requesting three-phase service shall will be responsible for all labor and material costs required to provide serviceService, including the cost of the transformer. These installations are not considered “Special Facilities” as described in Rule and Regulation 20. 4. An Applicant or existing Customer requiring Service with a maximum Demand in excess of 1000 750 kVA, as determined by CPAU, shall will be served by a padmount transformer. No submersible or vault-installed transformers in excess of 1000 750 kVA will be installed by CPAU. Where an existing underground Service must be upgraded beyond 1000 750 kVA, the Customer shall will be required to provide adequate space for installation of the padmount transformer. In the event the Customer is unable to provide adequate space for the padmount transformer, then the Customer shall must make arrangements at his or her expense to receive Service at primary voltage. ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 9 c. THREE-PHASE SERVICE (OVER 2,000 VOLTS) The following three-phase primary voltage may be available as an isolated Service for a single Applicant; and where that Applicant’s Demand Load justifies such voltage. The determination will be made by CPAU. Minimum Demand Maximum Demand Normal Voltage Bank Installed Load Permitted 4,160 500 kVA 3,600 kVA 12,470 1,000 kVA 11,000 kVA Note: 4,160 volt Services will not be furnished for new Services. 8. TEMPORARY SERVICE Temporary Service is Electric Service which, in as determined by CPAU in its sole discretion’s opinion, is of an indefinite or impermanent duration at a single location at the same location, or for operations of a speculative character or of questionable permanency, or any other Service which is CPAU estimatesd to will last less than one year. CPAU will furnish Temporary Service if the furnishing of such Service will not create undue hardship for CPAU, or its Customers, and all of the following conditions are met: a. a. The Customer is solely responsible for any and all costs of CPAU’s provision or removal of Temporary Service. a.b. The Applicant for such Temporary Service shall can apply for Service on an Application form provided by CPAU Engineering and shall must pay to CPAU in advance the cost of installing and removing any facilities necessary in connection with the furnishing of such Service by CPAU. bc. Each Applicant for Temporary Service shall must prepay a Temporary Service Fee Charge in accordance with Electric Service Connection Fees Charges Rate Schedule E-15. c. Nothing in this Rule and Regulation shall be construed as limiting or in any way affecting the right of CPAU to collect from the Customer an additional sum of money by reason of the Temporary Service furnished or to be furnished or removed hereunder. ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 10 d. If the Temporary Service connection time exceeds one-year, the Applicant Customer must shall apply for an extension of the Temporary Service and pay applicable feesCharges. The Director of Utilities or his/her designee will determine if the Service should be reclassified as a permanent Service. If the Applicant fails to seek obtain an extension onfor a Temporary Service that exceeds one-year, CPAU may disconnect the Sservice. 9. SERVICE DOWNSTREAM OF METER CPAU assumes no duty or liability for inspecting, validating or approving the safe operating condition of the Customer’s Service, appliances, or equipment downstream of the Utility Meter. C. FIBER OPTIC SERVICE Fiber Optic Service includes the custom construction and licensing of single mode Fiber routes between points within the City of Palo Alto. It is the Customer’s responsibility to establish all electronic devices and networks required to pass data over their licensed CPAU Dark Fiber routes. 1. LICENSING SERVICES All Dark Fiber routes are licensed in accordance with the currently approved Dark Fiber Rate Schedules, and in compliance with the Utilities Rules and Regulations. See Rule and Regulation 26, “Special Fiber Optic Utility Regulations,” regarding special Service requirements. All CPAU fibers terminate within the jurisdictional boundaries of the City of Palo Alto. 2. OTHER SERVICES CPAU offers custom Dark Fiber construction and ancillary Services such as Fiber Optic cable splicing, engineering feasibility studies, and when specifically requested by the Customer, multimode Fiber Optic cable installations. 3. QUALITY Dark Fiber routes in the City of Palo Alto are comprised of single mode fFFiber Optic ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 11 that comply complies with generally accepted industrial standards and specifications. All construction is done using industry accepted techniques and procedures. All constructed routes are Performance Tested to assure the industry quality standards are met. D. WATER SERVICE 1. SOURCE OF SUPPLY CPAU’s primary source of Water is the Hetch Hetchy aqueduct system, managed by the San Francisco Public Utilities Commission (SFPUC). CPAU wells also provide Emergency supply. See Rule and Regulation 21, “Special Water Utility Regulation” regarding special Service requirements. 2. QUALITY Hardness generally varies between 1 and 4 grains per gallon depending on the source. An analysis of the mineral content of the Water is available upon request from CPAU Engineering. 3. PRESSURE Water pressure varies from 30 to 125 pounds per square inch. CPAU maintains an average of 50 pounds per square inch, with the maximum and minimum pressures being experienced at the lower and higher elevations of the Distribution System. CPAU assumes no responsibility for loss or damage due to lack of Water pressure but agrees to furnish such pressures as are available in its general Distribution System. If low Water pressure occurs due to additional on-site development, it shall will be the responsibility of the property owner to replace the existing Water Service with a new Water Service designed for the current site. All costs of the required new Service upgrade shall will be borne by the property owner. 4. TREATMENT CPAU currently does not treat Water supplied by the SFPUC. The pH of the Water supplied is adjusted by the SFPUC to reduce its corrosive action. 5. SERVICE DOWNSTREAM OF METER CPAU assumes no duty or liability for inspecting, validating or approving the safe ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 12 operating condition of the Customer’s Service, appliances, or equipment downstream of the Utility Meter. E. GAS 1. TYPES OF SERVICES CPAU provides Gas supply, transportation, and Distribution Services. 2. KIND AND HEATING VALUE CPAU purchases Gas from several/variousmultiple Gas suppliers. The heating value of Gas supplied varies. The average monthly heating value in British Thermal Units (Btu)-dry basis per cubic foot of the Gas served may vary within the limits of 750 to 1150 Btu. This average heating value is converted to a Therm factor for use as one of the factors used in calculating a composite multiplier for billing purposes. The Therm factor will be based upon the heat factor used by CPAU’s supplier of Gas for the preceding month. Gas is supplied by CPAU either at standard “low pressure” or at “medium pressure”. Low pressure Service is available at all points where Gas is supplied. Where available from existing high pressure mains, at the option of CPAU, high pressure Service may be supplied. However, CPAU reserves the right to lower the pressure or to discontinue the delivery of Gas at high pressure. The standard pressure for low pressure is seven inches of Water Column (WC), which is approximately 1/4 pound per square inch (psi) above atmospheric pressure. In limited circumstances, increased pressure may be provided for domestic use at 14” Water Column. This increased pressure will only be provided for domestic use if the houseline size required is greater than 2” diameter, or CPAU determines, based upon satisfactory information from the manufacturer, provided by the Customer, that an appliance to be located in the residence requires increased pressure at the inlet that cannot be obtained by resizing or relocating the houseline. Increased pressure may be provided for commercial uses only if the use of the houseline size required is greater than 4” diameter, or evidence as described above establishes that equipment on the site requires increased pressure at the inlet that cannot be obtained by resizing or relocating the houseline. For commercial uses, the available pressures are 7” WC, 14” WC (approximately 1/2 psi), 1 psi, 2 psi and 5 psi. ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 13 All increased pressure above 7”WC requires review and approval of the Engineering Manager, a plumbing permit, and testing of the existing Gas piping with a building Inspector present in accordance with the latest adopted version of the California Plumbing Code. See Rule and Regulation 22, “Special Gas Utility Regulations” regarding special Service requirements. 3. DETERMINATION OF THERMS TO BE BILLED The unit of measure for billing is the Therm. Gas Meters measure the volume of Gas in cubic fooeet of gas ( ccf) at ambient temperature and pressure conditions. Therms are derived from the metered data by subtracting the Meter reading for the previous reading cycle from the current reading. The difference (uncorrected ccf) is multiplied by the pressure factor required to convert the measured consumption volume to a standard volume (at standard temperature and pressure conditions). This standard volume, in pressure-corrected ccf, is then multiplied by the Therm factor (a variable determined by periodic analysis of CPAU’s Gas supply) to produce the final number of Therms billed. The composite correction factor (the product of the Therm factor and the pressure correction factor) is shown on bills under the heading “multiplier.” 4. SERVICE DOWNSTREAM OF METER CPAU assumes no duty or liability for inspecting, validating or approving the safe operating condition of the Customer’s Service, appliances, or equipment downstream of the Utility Meter. F. WASTEWATER COLLECTION AND TREATMENT 1. COLLECTION CPAU operates and maintains a Wastewater Collection System separate from the storm and surface Water Collection System. A connection to the Wastewater Collection System is required for all Wwater users where Wwastewater serviceService is available. For the disposal of Wastewater from basements and floors below ground level, it will be necessary for the Customer to provide pumps or ejectors for satisfactory drainage, as approved by the Water, -Gas, and -Wastewater Engineering Manager. If the elevation of ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 14 the basement floor is above the rim elevation of the next upstream manhole, Applicant shall must provide a survey by a licensed Civil Engineer indicating the elevations of the basement floor and the rim elevation of the next upstream manhole. Submission of this survey and approval by the Engineering Manager is required for exemption from the pump/ejector requirement. 2. REGULATION Chapter 16.09 of the Municipal Code regulates the discharge into the Wastewater Collection System of substances other than domestic Wastewater. See Rule and Regulation 23, “Special Wastewater Utility Regulations” regarding special Service requirements. 3. TREATMENT The collection system transports the Wastewater to the Palo Alto Regional Water Quality Control Plant (RWQCP) for treatment. At this tertiary treatment plant, the City of Palo Alto processes the Wastewater from Mountain View, Los Altos, Los Alto Hills, Stanford University, and East Palo Alto Sanitary District, as well as its own. The treatment is performed in accordance with the National Pollution Discharge Elimination System Permit issued by the San Francisco Bay Area Regional Water Quality Control Board before the treated water is discharged into the San Francisco Bay Estuary. 4. LIMITATION OF SERVICE CPAU reserves the right to limit the size of connection and the quantity of wastes disposed and to prohibit the use of the sewer system for disposal of toxic or hazardous wastes detrimental to the Wastewater system or treatment plant. G. REFUSE SERVICE 1. REGULATION All Refuse Services are governed by Chapter 5.20 of the Palo Alto Municipal Code, regulations promulgated by the City Manager pursuant to Chapter 5.20, these Rules and Regulations, and the contract between the City and the City’s Collector. See Rule and Regulation 24, “Special Refuse Service Regulations” regarding special serviceService requirements. 2. REFUSE COLLECTION ATTACHMENT C DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-27-20196 Sheet No 15 Refuse Service is provided to all Customers by the City’s Collector. Customers shall must subscribe to and pay for Refuse Service and for a number of Ccontainers to hold all Solid Waste created, produced or accumulated at or on their Premises during a one-week period, unless a different frequency for a collection schedule has been approved or directed by Public Works. Each Customer shall will receive collection Services on a specified day of each week and use the City Collector’s provided Containers for serviceService. Customers wanting to supply their own container must check with the City Collector to ensure compatibility with the collection vehicles. The automatic standard serviceService for Solid Waste Service Charge is one 32-gallon Ccontainer for Residential Service and one 64-gallon Ccontainer for Commercial Service. All Ccustomers may change serviceService levels to meet their refuse needs as specified above. Solid Waste in excess of the Service Charge subscribed by the Customer will be removed by the City’s Collector for an additional Charge upon Customer request or notification. Customers exceeding their subscribed Service are required to subscribe to additional collection Services at the City-established rates. H. STORM AND SURFACE WATER DRAINAGE 1. RESPONSIBILITY AND PURPOSE The City of Palo Alto Public Works Department is responsible for all Drainage Facilities in the street and public right of way that collect Sstorm and Ssurface Water and convey it to the major channels and creeks within the jurisdictional boundaries of the City of Palo Alto. Examples include curbs and gutters, catch basins, pipelines, culverts, street, channels and pumping stations. The purpose of the Storm and Surface Water control facilities is to improve the quality of control, or protect life or property from any storm, flood or surplus waters. See Rule and Regulation 25, “Special Storm and Surface Water Drainage Regulations,” regarding special Service requirements. 2. STORM DRAINAGE FEE A Storm Drainage fee shall will be payable to the City monthly by the owner or occupier of each and every developed parcel in accordance with Rule and Regulation 25. (END) ATTACHMENT D APPLICATION FOR SERVICE RULE AND REGULATION 4 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 96-0927-20169 Sheet No 1 A. APPLICATION FOR SERVICE 1. These This Rules for Application for Service appliesy to all Utility Services. Electric, Fiber Optics, Water, Gas and Wastewater Collection Utility Services are provided by the City of Palo Alto Utilities Department (CPAU), and Refuse & and Recycling, and Storm & and Surface Water Drainage Services are provided by the City of Palo Alto Public Works Department. CPAU process all aApplications for all Services is handled through CPAU. Metered and Unmetered Services: Utility services for Refuse & and Recycling, Storm &and Surface Water Drainage, and Wastewater Collection are unmetered Utility Sservices. Electric, Gas, and Water Services are Metered Services. MThe monthly Customer costs Charges for these unmetered Utility Services will beare applied to an existing utility Accounts when at least two of the three Permanent Mmetered Sservices for Electric, Gas or Water Service are also being currently billedactive and the Account is in good standing (Account not suspended). 2. An Applicant’s request for Service does not bind the City to serve except under conditions reasonable and acceptable to CPAU in its sole discretionconditions, nor does it bind the Customer to take Service for a longer period than the minimum requirements of the applicable Service. 3. CPAU will require each prospective Customer to provide any information that may be reasonably needed to furnish Service, administer the Account, and to allow collection action in the event of payment default. This information may include, but is not limited to, the following: For Residential Customers: a. Legal name(s) of Applicant. b. Name of a spouse, domestic partner or other Person(s) identified as a responsible party for the Account by the Applicant and authorized to access and manage the Applicant’s Utilities Account. Without the addition of an authorized responsible party, access and management of the Utilities Account will be restricted to the Applicant/Customer. c. A Customer’s surviving spouse, domestic partner or estate executor can be added to the Account upon furnishing proof of the Customer’s death or incapacity. A surviving sibling or other family member will be required to apply for a new Utility Account. ATTACHMENT D APPLICATION FOR SERVICE RULE AND REGULATION 4 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 96-0927-20169 Sheet No 2 For Commercial Customers: ad. Legal business name. be. Responsible party for Utilities bill payment. cf. Address of Premises to be served. d. Federal Tax ID number. For all Customers: ga. Effective date of Service. bh. Physical address to which bills or other communications are to be mailed or delivered. ci. Whether Premises have been previously served. If the Applicant requires Service upgrades, and/or new Mmeters installeds, Utility Services will be installed between 30 and 45 days following receipt of full payment. Fiber Optic installations will be completed between six to eight weeks following the receipt of full payment. jd. Whether Applicant is the property owner, agent or tenant of Premises to be served. ek. Purpose for which Service is to be used for North American Industry Classification System reporting purposes. lf. Rate Schedule desired if an optional rate is available. mg. Identifiers, unique to the Applicant or Customer, are as required to establish credit with CPAU to manage the security of the Account, maintain communication with the Customer, and allow for collection action in the event of payment default. These include: 1. Social Security Number (last 4 digits); 2. California Driver’s License Number; 3. Current Passport Number; 4. Employer Name; 5. Business Telephone; 6. Primary Contact Telephone Number (also used for emergencies); 7. Alternate Contact Telephone Number; 8. Email Address (if Customer requests electronic communication). Customer refusal to provide a required identifier will terminate the Application for Service process. 4. Applicants for Commercial Service at more than one location shall be requiredmust to furnish information and establish credit for each location in accordance with section A.3 and Rule and Regulation 6 (Establishment and Re-establishment of Credit). 5. The Applicant and additional responsible parties on the same Application for Service or ATTACHMENT D APPLICATION FOR SERVICE RULE AND REGULATION 4 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 96-0927-20169 Sheet No 3 established Account shall will be jointly and severally liable for Utility Services supplied. Only one bill will be rendered for such joint Service. Applicants may designate a third party to receive notices of termination, discontinuance of Service, or other matters affecting the provision of Service. 6. A tenant who opens an Account for a metered Service serving more than one dwelling will be required to provide a letter in writing to CPAU that he or she understands that the Meter(s) serves additional dwellings and that he or she is willing to accept responsibility for all Charges on said Meter(s). Otherwise, the Account shall may be opened in the name of the owner or property manager. B. CHANGE IN CUSTOMER’S EQUIPMENT OR OPERATION 1. Customers shall must give CPAU written notice of any material changes in the size, character, or extent of Utilities equipment or operations for which the City is supplying Utility Service before making any such change. 2. Notwithstanding any Rule and Regulation herein to the contrary, no change or alteration of any Utility Service, agreement, connection, or facility, including any installation or reinstatement thereof, shall will be made or permitted by CPAU where the purpose or effect would be to serve, facilitate or make possible a use or occupancy of a structure or other condition which is or would be in violation of the Zoning Ordinance, the Building Code or any ordinance of the City of Palo Alto. C. SERVICE WITHOUT PROPER APPLICATION Anyone using Utility Services, without having first complied with the requirements for Service, will be held liableresponsible for all associated Charges from the date of the first Service is provided, as determined by the CityCPAU in its sole discretion. Failure to pay accumulated Charges may result in discontinuance of Service without further notice. DC. RIGHTS OF WAY The City shall will not be required to connect with, or render Service to, an Applicant unless and until the Applicant has obtained or been granted all necessary Utility operating rights, including rights-of-way, Eeasements, and permits. ATTACHMENT D APPLICATION FOR SERVICE RULE AND REGULATION 4 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 96-0927-20169 Sheet No 4 ED. RESALE PROHIBITED 1. Customers shall may use Services only for the purposes specified at the time of application for Service. Utility Services shall may not be resold to another entity except as provided in this Rule. 2. Premises that are receiving Service in conflict with this Rule as of the effective date of this Rule may continue to receive Service under such conditions if so authorized in writing by the City. 3. Sub-metering of individual units shall is be considered as resale of Utilities Services that and is prohibited by this sectionRule and Regulation, with the exception of Submetering and Master-Metering, which are permitted where conducted in accordance with Section FE.1. “SUBMETERING AND MASTER-METERING” of this Rule. FE. SUBMETERING AND MASTER-METERING 1. Property owners/managers may allocate the cost of Submetering and Master-Metering Utility Services to individual tenants. Such Submetering and Master-Metering must be conducted in accordance with the requirements of section 739.5 of California Public Utilities Code and section 798.40 of the California Civil Code, as applicable. Under no circumstances can the total costs of the Utility Services allocated to tenants exceed the costs of the Utility Services billed to the property owner by the City. The property owners/managers may allocate the cost for a third-party billing service to individual tenants, to the extent that the total costs allocated, and the individual costs assessed under Submetering and Master-Metering do not exceed the cost of third party billing services to the property owner/manager.. A property owner must disclose all information used to determine a tenant’s Utilityies bill to the tenant upon request, including current Uutility costs, copies of prior Uutility bills, Submetering and/or Master-Metering records, and third-party tenant billing invoices. Resolution of Submetering or Master-Metering Utility bill disputes between property owners and tenants can be mediated through the City of Palo Alto’s Landlord/Tenant Mediation Services Mandatory Response Program. City of Palo Alto, Community Services Department, Human Services Division’s Palo Alto Mediation Program’s Mandatory Response Program. 2. Those Customers who license Fiber Optic Services may use Fiber Optics to serve themselves or third parties; however, compliance with all Rules and Regulations, and payment of all fees Charges is the responsibility of the license holder. ATTACHMENT D APPLICATION FOR SERVICE RULE AND REGULATION 4 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 96-0927-20169 Sheet No 5 (END) ATTACHMENT E DEPOSITS RULE AND REGULATION 7 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-096-27-20196 Sheet No 1 A. DEPOSIT INFORMATION 1. A single Deposit per individual Account, covering all billed metered and monthly Utilities Services except Dark Fiber Licensing Agreements, is required for every new residential or commercial Application for Service. Reconnection following termination or discontinuation odisconnection of Sservice will be considered a new Application for Service for purpose of this Rule. 2. Credit references from another electric, natural gas or water utility cannot be used to waive the City of Palo Alto deposit requirement. 3. Deposits will be added to the first Utilities bill, and,, along with the other Sservices on the bill, will be payable, by cash, check, credit, or debit card. 4. Deposits will be returned to the Aaccount holder after 36 continuous months of “Excellent” creditworthiness ratings (Rule and Regulation 6, “Establishment and Reestablishment of Credit”), or upon permanent discontinuance disconnection of Sservice, whichever comes first. 5. Deposit requirements stated in this Rule and Regulation 7 are waived for Any existing Ccustomers, moving from one Premise to another, with a credit rating of “Excellent”, as determined by CPAU., moving from one premise to another, shall have their deposit requirement waived.first. B RESIDENTIAL DEPOSITS 1. The amount of deposit required for a residential Aaccount shall beis set forth in Utilities Rate Schedule C-2, Customer Deposits, with each Account number considered to be a separate Application for Service that which therefore requires a separate Deposit. 2. In the event of termination of Sservice for non-payment, if a cCustomer deposit is currently being held by CPAU, then that deposit will not be returned after 36 months of Sservice, but will be held until that cCustomer’s permanent discontinuance disconnection of Sservice and issuance of the Final Bill. 3. If wIfhen thea Customer’s Service has been terminated for nonpayment, and the Customer’s ATTACHMENT E DEPOSITS RULE AND REGULATION 7 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-096-27-20196 Sheet No 2 deposit is not being held by CPAU, andthen whenever thate Customer seeks reconnectionn the event of termination of service for non-payment, if a customer deposit is NOT currently being held by CPAU, then a deposit equivalent to the initial deposit at the initiation of Sservice will be required and: a) will be applied to the Aaccount prior to reconnection, b) will not be returned after another 36 months of sService, and c) will be held until the permanent discontinuance disconnection of sService from CPAU and applied to the Final Bill. 4. Deposit requirements may be waived at the City’s discretion on established residential Aaccounts for Changes of Party or additional names on the Aaccount due to death, establishment of trusts, legal conservatorships, or other incapacity of the original Ccustomer or Aaccount holder-of-record. C. COMMERCIAL DEPOSITS 1. The amount of deposit required for a commercial Aaccount shall will be equivalent to an estimate of the Applicant’s initial three-month Utilities bill combining all metered and monthly Sservices. 2. For commercial Ccustomers, the addition of a new Sservice address to the Account of an already existing Business Partner is not considered a new Application for Service and shall will not require an additional deposit. Deposit requirements for Commercial Accounts may be increased if the Customer’s usage substantially differs from when Service was first established. D. DEPOSIT REFUNDS 1. Upon permanent discontinuance disconnection of Service, CPAU will apply any Utilities-held deposit balances to the Final Bill. Deposits greater than the Final Bill will be refunded to the Ccustomer at their forwarding address. 2. CPAU, at its option, may refund a Customer’s deposit by check or by applying the deposit to the unpaid balance or as a credit to the Customer’s Account. 3. If an existing Customer establishes additional Service at a new location, CPAU, at its option, may apply an existing deposit toward the deposit obligation for the new Account. ATTACHMENT E DEPOSITS RULE AND REGULATION 7 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-096-27-20196 Sheet No 3 4. CPAU will not pay interest on returned or applied Ccustomer deposits. 5. CPAU will not release a Ccustomer’s refund to any third party vendor not listed on the Aaccount. (END) ATTACHMENT F ACCESS TO PREMISES RULE AND REGULATION 8 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2097-20169 Sheet No. 1 A. RIGHT OF ACCESS 1. Customers must provide CPAU with immediate and unhindered access to and from Customer Premises for any purpose connected with CPAUproviding Utility Service, including, but not limited to, inspection, Meter reading, testing, maintenance, removal, and replacement of facilities and equipment. Such access is a condition of taking Service from CPAU, and applies to facilities and equipment located on Customer Premises within locked or enclosed areas. personnel and its agents has to access the Customer’s Premises for any purpose reasonably to provide service with the connected supply of Utility Services. If the Customer is not the owner of the Premises, the Customer must obtain all required permissions for CPAU access from the Premises owner.Customers shall provide CPAU personnel and its agents with immediate and unimpeded access, without notice, to and from the Customer’s Premises for any purpose reasonably connected with the supply of Utility Services including, but not limited to, inspection, reading, testing, maintenance, removal, and replacement of CPAU equipment. The Customer is responsible for keeping the Meter, vault or box, and any gas valve or anode test boxes, if those are located on Customer Premises, clear of vegetation, debris, shields, construction or any other obstruction, so that the facilities are accessible for reading and maintenance. “Accessible” means capable of being reached quickly and conveniently 24 hours a day for construction, operation, inspection, testing or reading, without requiring those seeking access to climb over or remove obstacles or obtain special permission or security clearances. 2. 3. When access to Customer’s Premises is not immediate and unhindered, CPAU may take any enforcement actions permitted by Law, including, but not limited to, requiring Customer to provide a new and approved location for facilities or equipment at the Customer’s expense, or discontinuing or terminating Service. B. SPECIAL ACCESS REQUQIREMENTS FOR METERS a. Access to Customer Premises, including access to the services and Meters and other utility equipment required to serve CPAU Customers, is a condition of taking Service from CPAU. Access to Private Lateral and Customer’s property is also required to perform inspection work on Sewer Lateral for the Crossbore Prevention Program and/or Cross Connection Control Program. CPAU, its agents, and employees shall have the right of ingress to or egress from the Customer’s Premises as reasonably ATTACHMENT F ACCESS TO PREMISES RULE AND REGULATION 8 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2097-20169 Sheet No. 2 required for Meter reading, performance of necessary maintenance, repair, inspection, testing, installation, removal or replacement of CPAU property on their or adjacent premises,, including the exercise of any and all rights secured to it by Law. Access is also granted to those others who are installing utility service equipment, where legally allowed and at CPAU’s direction, to obtain utility service. Obstacles that prevent convenient access to the Meters or adjacent valves must be removed. 1. 1. Meters shall be installed on the exterior of the building at ground level, unless otherwise authorized in writing by the Utilities Director or his/her designee. 2. If any such equipment is located within a locked area or enclosed, CPAU must be furnished access. The Customer must supply CPAU with a key to any gate/door or provide CPAU personnel free access to the Meter. In the event the Customer is not the owner of the Premises occupied, the Customer shall obtain all such permissions and resources from the Premises owner. 3. CPAU, its agents, and employees will make reasonable efforts to maintain Customer security while on the Customer’s Premises. 4. Water, Gas, and Electric Meters are the property of CPAU, and CPAU may take any legal action necessary to gain access to the Premises and Meters for any reasonable CPAU business purpose, including, but not limited to, the terminating or disconnecting service, retrieving or repairing Meters. 5. If the Customer has effectively denied CPAU access to the MeterCPAU equipment, CPAU may terminate or discontinue Service after written notice to the Customer. 6. If CPAU is unable to read the Customer’s Water, Electric, and/or Gas Meter due to conditions imposed by the Customer or created on the Premises, CPAU may, at its option, estimate the Customer’s Meter Read for up to three months. 7. If Meter access has not been possible for the three consecutive months CPAU will notify the Customer by registered mail. If the Customer does not acknowledge receipt of the registered mail within two weeks of receipt of such notice, indicating how and when Meter access will be provided, CPAU will initiate discontinuance or termination of Service. Such acknowledgment by the Customer shall be in writing or by calling the CPAU telephone number provided to the Customer in the registered notice. ATTACHMENT F ACCESS TO PREMISES RULE AND REGULATION 8 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2097-20169 Sheet No. 3 8. If CPAU, its agents, and employees are denied access to its Meter(s) for greater than three consecutive months within a twelve-month period, CPAU may require the Customer to move the Meter(s) to a location on the Premises that shall be accessible to CPAU personnel for purposes of furnishing or maintaining Utility Service. The cost to relocate the Meter(s) shall be borne by the Customer. 9. Failure to relocate such Meters within 90 days of receipt of notice from CPAU of the requirement to relocate the Mmeter(s) will result in termination of Service. Service terminated under this provision will not be restored until the Meter relocation has been completed and has successfully passed such inspections as may be required by both CPAU and City’s Planning and Community Environment Department. 1. Meters shallmust be installed on the exterior of the building at ground level, unless otherwise authorized in writing by the Utilities Director or his/her designee. 2. If CPAU is unable to read the Customer’s Water, Electric, and/or Gas Meter due to physical or security conditions imposed by the Customer or created on the Premises, CPAU may, at its option, estimate the Customer’s Meter Read for up to three months. 3. If Meter access has not been possible for the three consecutive months CPAU will notify the Customer by registered mail. If the Customer does not acknowledge receipt of the registered mail within two weeks of receipt of such notice, indicating how and when Meter access will be provided, CPAU will initiate discontinuance or termination of Service. Such acknowledgment by the Customer shallmust be made in writing or by calling the CPAU telephone number provided to the Customer in the registered notice. 4. If CPAU, its agents, and employees are denied access to its Meter(s) for greater than three consecutive months within a twelve-month period, CPAU may require the Customer to move the Meter(s) to a location on the Premises that shall be accessible to CPAU personnel for purposes of furnishing or maintaining Utility Service. The cost to relocate the Meter(s) shall be borne by the Customer. 5. Failure to relocate such Meters within 90 days of receipt of notice from CPAU of the requirement to relocate the Meter(s) will result in termination of Service. Service terminated under this provision will not be restored until the Meter relocation has been completed and has successfully passed such inspections as may be required by both CPAU and City’s Planning and Community Environment Department. MAINTENANCE OF METER LOCATIONS ATTACHMENT F ACCESS TO PREMISES RULE AND REGULATION 8 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2097-20169 Sheet No. 4 It shall be the responsibility of the Customer to keep the top of the Water Meter, vault or box at ground level and clear of vegetation or any other obstruction. It is the responsibility of the Customer to keep the Gas Meter accessible for reading and maintenance by controlling the growth of shrubs and plants. Additionally the Meter shall be kept clear of all debris, shields, and construction. “Accessible” means capable of being reached quickly and conveniently 24 hours a day for construction, operation, inspection, testing or reading, without requiring those seeking access to climb over or remove obstacles or obtain special permission or security clearances. It is the responsibility of the Customer to keep valve and anode test boxes at ground level and visible if located on Customer’s property. The anode test box is necessary for testing the cathodic protection system which protects the Gas system from the effects of corrosion. NOTIFICATION TO CUSTOMER CPAU will send the customer a 30 day notice of the meter or CPAU equipment access obstruction with the required correction. After a 30 day notice from CPAU, the Customer has not caused the Meter, vault, valve box or anode test box to be at ground level and clear of vegetation or obstructions, the Utility will perform the work at the Customer’s expense. The Customer will be invoiced for the actual cost to CPAU for the work. (END) ATTACHMENT G DISCONTINUANCEDISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169-09-2019 Sheet No 1 A. CUSTOMER-INITIATED DISCONTINUANCE TERMINATION OF UTILITY SERVICE 1. 1. A Customer requesting discontinuance termination of Utility Service(s) shall must notify the CPAU Customer Service Office at least three working business days before the Service termination discontinuance effective date. Upon Rreceipt of such notice, CPAU has no is sufficient to discontinue the obligation of CPAU to render Service after the effective date of such change, and CPAU will also discontinue the Customer’s responsibility for bills for Service supplied to the Premises after that date. 2. A Customer vacating a Premise to move to another Premise served by CPAU, but wishing Service to continue beyond the date vacated, shall must provide an effective date of termination discontinuance to the CPAU Office or Call Center at the time of the request for establishment of Service for the new Premise. The Customer is financially responsible for all Service supplied prior to the Service end date, and Customer until the effective date of the discontinuance and shallwillmust provide a forwarding address for final billing purposes. 2. A Customer may designate a third party (“Customer’s Designee”) to receive notices of termination, discontinuance of Sservice, or other matters affecting the provision of Service. CPAU will not terminate or discontinue Service until five Business Days after written or electronic notice to the third party. B. CPAU-INITIATED TERMINATION OR DISCONTINUANCE DISCONNECTION OF SERVICE CPAU may terminate or discontinue disconnect Utility Service when an existing Customer, through action or inaction, has not complied with Utility Service requirements as stated in these Rules and Regulations, or other applicable Llaws and regulations. CPAU will terminate or disconnect discontinue Utility Service as a last resort. Actions that warrant termination or disconnection discontinuance of Service include, but are not limited to, the following: ATTACHMENT G DISCONTINUANCEDISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169-09-2019 Sheet No 2 1. Use of Utility Services without having first complied with the requirements for Service. Customers will be liable responsible for deposits, fees and payment for Servicesall associated Charges from the date of initial Service as determined by CPAU, up to the maximum period allowed by lLaw. Customer vacatingVacating Premises without notification to CPAU. 2. T3. Tampering, damaging, interfering with or destroying with CPAU equipment, facilities or property. Customers shall will be liable for all damage to CPAU arising from negligence, lack of proper care, or wrongful act of the Customer or Customer’s tenants, agents, employees or contractors. tampering, modification, or damage to Utilities equipment, plant, cables or property, including Metering devices. 3. 4. Nonpayment of bills or any proper Charges from special fees, licensing agreements, loans or, returned check(s) due to insufficient funds in Customer’s bank account; failure to establish credit, failure to provide adequate credit information, or failure to provide required deposits. C. PROCEDURES FOR CPAU-INITIATED TERMINATION DISCONNECTION OF SERVICE 1. Prior to terminationdisconnection for non-payment, CPAU shall will provide two written notices to the Customer, and/or Customer’s Designeethe third party the Customer has designated to receive such notices, as applicable: a. 10 -Day Disconnect Late Notice: The first “Disconnect Late Notice” will is issuedallow a minimum of 105 days from after the bill due date and communicatesinforms Customer that a late fee has been charged to the Customer, ATTACHMENT G DISCONTINUANCEDISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169-09-2019 Sheet No 3 whoand Customer shouldmust it is issued for the Customer to pay the overdue amount by the date specified and to avoid termination disconnection of Service. b. 48- Hour Disconnect Notice: If payment is not received within the by the date specified in the 10- day periodnotice, a second Disconnect Notice will be delivered to the Customer’s Premises, and notifying the Customer that payment must be received within 48 hours or Utilities Services will be terminateddisconnected for non-payment. If payment is not received within the 48- hour period, Utilities Services may be terminated disconnected without further notice. The 48- hour Disconnect Notice will include: (1) The name and address of the Ccustomer whose Aaccount is delinquent. (2) The amount of the delinquency and late fee.. (3) The date by which payment or arrangements for payment is required in order to avoid termination disconnection of Service. (4) The procedure by which the Ccustomer may initiate a complaint or request an investigation concerning Sservice or Ccharges;, except that, if the bill for Sservice contains a description of that procedure, the notice pursuant to subdivision (a) is not required to contain that information. (5) The procedure by which the Ccustomer may request amortization of the unpaid Ccharges. (6) The procedure for the Ccustomer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable. (7) The telephone number of a representative of CPAUthe public utility who can provide additional information or institute arrangements for payment. ATTACHMENT G DISCONTINUANCEDISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169-09-2019 Sheet No 4 2. 2. Customers may contact CPAU Customer Service Center to discuss options for averting discontinuationdisconnection of residential Sservice for non-payment: IN PERSON City of Palo Alto Utilities Customer Service Center, Ground Ffloor 250 Hamilton Avenue Palo Alto, CA 94301 PHONE: 650-329-2161 BY MAIL City of Palo Alto Utilities Customer Service Center PO Box 10250 Palo Alto, CA 94303 BY E-MAIL UtilitiesCustomerService@cityofpaloalto.org 3. 3. Deferred or Reduced Payments Policy: Customers may contact CPAU Customer Service Center to request deferred or reduced payments based on Customer’s demonstrated financial need. CPAU will notify the Customer in writing of the terms of deferred or reduced payment. 1. 4. Alternative Payment Schedule Policy: Customers may contact CPAU Customer Service Center to request an alternative payment schedule based on Customer’s demonstrated financial need. An example of a possible alternative payment schedule is the Budget Billing Payment Plan (BBPP) found in Rule and Regulation 11, “Billing, Adjustment and Payment of Bills.”BILLING, ADJUSTMENTS AND PAYMENT OF BILLS, Section C. CPAU will notify the Customer in writing of the terms of the alternative payment schedule. ATTACHMENT G DISCONTINUANCEDISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169-09-2019 Sheet No 5 4. 35. To avoid termination disconnection of Utility Service, a Customer’s outstanding Account balance may be transferred to another Account in the same class of Service in that Customer’s name at another location served by CPAU. 5. 46. To avoid disconnection termination of Utility Service, CPAU may, at its option, extend payment arrangements for the unpaid Account balance to accommodate a Customer’s financial situation. If For residential Ggas and Eelectricity Sservices, Iif the Customer fails to meet the terms of the payment arrangement, the outstanding balance will become immediately due and payable, and the Account Service(s) will be subject to disconnection termination after expiration of a 48- hour Disconnect Notice. 6. 57. Customers having whose Utility Service washas been terminated disconnected for non-payment will have their Accounts referred to a collection aAgency when past- due balances exceed 180 calendar days. 7. 68. Residential Electric, Water, and Gas metered Utility Services will not be terminated disconnected for non-payment of a bill on any Friday, Saturday, Sunday, legal holiday or at any time during which the Utilities Customer Service Office or Call Center is closed. 8. Online payments may nottake up to 24 hours to be received by CPAU for 24 hours. 79. Utility Service will not be disconnected terminated for non-payment of an incorrected bill issued to correct Charges previously incorrectly billed, unless and until the corrected bill becomes past due. 9. ATTACHMENT G DISCONTINUANCEDISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169-09-2019 Sheet No 6 810. The City of Palo Alto Utilities Department’sCPAU’s Disputed Bills Policy can be found in Rule and Regulation 11, “Billing, Adjustment, and Payment of Bills.”BILLING, ADJUSTMENTS AND PAYMENT OF BILLS, Section H. 10. A Utility Service will not be terminated disconnected for non-payment of a disputed bill during investigation or review by CPAU. The non-disputed portion of the Utility bill will remain due and payable. CPAU findings and resolution of a disputed bill will be communicated to the Customer within thirty calendar days of the Customer’s notification to CPAU of the bill disputed bill. 11. 12. 911. Utilities Ccustomers in need of assistance with bill payment for their Utility Service, , due to a reduction in household income resulting from as a result of a member of the household being called to active duty status in the military, may apply for shut-off off and payment protections for a period of 180 days, pursuant to the State of California Military and Veterans Code, Section 827, as amended. . CPAU, at its option, may extend these protections for an additional 180 days. D. D. PRIOR NOTICE EXCUSED IN CERTAIN SITUATIONS CPAU may immediately discontinue terminate Utility Services, without notice, for an unauthorized action of a Customer, including, but not limited to any of the following reasons: 1. 1. Theft of Utility Service. 2. 2. Willful waste of Water. ATTACHMENT G DISCONTINUANCEDISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169-09-2019 Sheet No 7 3. 3. Unsafe wiring or equipment on Customer Premises or wiring or equipment that fails to meet CPAU standards or applicable codes and regulationsLlaw. CPAU reserves the right to inspect if CPAU staff reasonably believes that unsafe conditions exist. If the Customer finds discovers Utility Service installation to be defectiveany defect in their Utility Service, the Customer must notify CPAU immediately. 4. 4. Use of Customer equipment that imposes an electrical Load adversely affecting CPAU’s Distribution System operation, Service capacity, or Service to its other Customers. Any Customer that operates Electric equipment including, but not limited to, pumps, welders, furnaces, compressors or other equipment where the use of Electricity is intermittent, and causes significant voltage fluctuations or electromagnetic interference to other Customers, must reasonably limit such impacts or interference upon request by CPAU. The Customer may be required to permanently mitigate any ongoing disruption to the Electric Distribution System to an acceptable level established by CPAU as acceptable, or avoid the use of such equipment. Failure to comply with such mitigation and/or limitation requests may result in immediate discontinuance termination of Utility Service. 5. 5. Placement, construction, or maintenance of any structure, vegetation, debris, or other object upon the Customer’s Premises that, in CPAU’s judgment, or endangers the safe and reliable operation or maintenance of CPAU overhead or underground Electrical, Fiber Optic, Water, Gas and Wastewater facilities. E. F. RESTORATION OF SERVICE 1. 1. CPAU will restore Service to a terminateddisconnected Account when the financial cause for termination disconnection has been rectified and Customer has paid payment has been made of all proper Charges due, including any additional deposits or reconnection Charges. ATTACHMENT G DISCONTINUANCEDISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169-09-2019 Sheet No 8 2. 2. CPAU will restore Service to a discontinuedterminated Account when it determines that the physical cause for discontinuance termination has been rectified, safe operating conditions have been restored, and the engineering and operations requirements for Service have been met, including compliance with CPAU Rules and Regulations. (END) ATTACHMENT H SHORTAGE OF SUPPLY AND INTERRUPTION OF UTILITY SERVICES RULE AND REGULATION 13 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 3-1-20149-09-2019 Sheet No. 1 A. GENERAL CPAU will make reasonable efforts to deliver continuous and sufficient Utility Service to its Customers, but CPAU does not guarantee the continuity or sufficiency of supply. CPAU will not be liable for Service interruption, shortage or insufficiency of Utility supply, or any loss or damage occasioned thereby. B. INTERRUPTION OF UTILITY SERVICE 1. When interruptions occur, CPAU will endeavor to reestablish Service with the shortest possible delay consistent with the safety of its Customers, staff and the general public. 2. CPAU will havehas the right to suspend Service temporarily for the purpose of making repairs, replacements, or improvements to the system. When CPAU finds it necessary to schedule a Service an interruption to its Service, it CPAU will, where feasible, notify all Customers to be affected of the approximate time and the anticipated duration of the interruption. CPAU will endeavor to schedule interruptions at during normalCPAU’s regular working hours that in a manner that is minimally will be least inconvenient to the Customers, and consistent with economical safe and reliable Utility operations. 3. When requested by the Customer for Customer’s own convenience, and where circumstances permit some flexibility in scheduling necessary interruptions, CPAU may, in its sole discretion, perform the work requested by Customers duringat times outside other than normal CPAU’s regular working hours, where circumstances permit scheduling flexibility. Thefor the increased convenience of the Customer, if the Customer must pays in advance, prior to CPAU’s performance of the work, the total estimated cost to be incurred by CPAU as a result of performing the work outside of normal CPAU ’s regular working hours, as well as any applicable Charges.. C. SHORTAGE OF ELECTRICITY SUPPLY During times of threatened or actual shortage of supply, CPAU will apportion the available supply among its Customers based on operating conditions, public health, and safety. The Director of Utilities is authorized to adjust Emergency Load shedding plans to reflect changes in personnel, Distribution Systems, Utility Services, or other factors, when, in the opinion of the Director of Utilities such adjustments will lead to better protection of the public health and general welfare. D. OVERSUPPLY OR POWER SURGES ON THE ELECTRIC DISTRIBUTION SYSTEM ATTACHMENT H SHORTAGE OF SUPPLY AND INTERRUPTION OF UTILITY SERVICES RULE AND REGULATION 13 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 3-1-20149-09-2019 Sheet No. 2 Power surges may occur due to conditions beyond the control of CPAU or its Customers. CPAU will make reasonable efforts to minimize power surges occurring on the CPAU Distribution System, but CPAU does not guarantee that power surges will not occur. CPAU recommends that Customers protect their connected Loads and equipment from power surges. CPAU shall not be liable for any loss or damage occasioned by power surges. E. FIBER OPTIC SERVICE INTERRUPTION CPAU will make reasonable efforts to deliver continuous Fiber Optic Service to its Customers, but it will does not guarantee uninterrupted Service. CPAU will not be liable for interruption of Service or any loss or damage occasioned thereby. For interruptions over 72 hours, CPAU will pro-rate the monthly license fee based on a pro-ration of the time down. F. SHORTAGE OF GAS SERVICESUPPLY During times of threatened or actual shortage of supply or capacity, CPAU may reduce, interrupt, or allocate Gas supply Services for operational reasonsbased on operating conditions, public health, and safety. in the event of projected or actual supply or capacity shortages. CPAU will exercise good faith efforts to furnish and deliver continuous Service and a sufficient quantity of Gas to Customers, but CPAU does not guarantee continuity of Service or sufficiency of quantity. CPAU shall not be liable for any interruption, shortage, or insufficient supply, or any loss or damage of any kind or character caused by suchoccasioned thereby, if caused by Force Majeure or any other cause beyond CPAU’s reasonable control. CPAU shall be the sole judge of whether it is operationally able to receive and/or deliver Gas on its Distribution System. CPAU shall not be liable to the Customer for damages, or otherwise, as the result of any interruption, reduction, or allocation of Gas transportation capacity or delivery Service. CPAU may, in the exercise of reasonable judgment, reduce receipts or deliveries of Gas in order to test, alter, modify, enlarge, or repair any part of the Distribution System or any facility or property related to the operation of the Distribution System. In all such cases, CPAU shall give the Customers reasonable notice as circumstances will permit, and CPAU shall complete such repairs or improvements as soon as practicable and with minimal inconvenience to Customers. In the event of localized constraints, Customers in unconstrained areas may continue to receive Service; provided, ATTACHMENT H SHORTAGE OF SUPPLY AND INTERRUPTION OF UTILITY SERVICES RULE AND REGULATION 13 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 3-1-20149-09-2019 Sheet No. 3 however that CPAU may take whatever steps it determines are operationally necessary in the event a constraint on the Distribution System threatens Service to Customers. G. GAS CURTAILMENT PRIORITIES In the event of a projected or actual supply Curtailment, Customers will be curtailed in the following order of precedence: 1. Large Commercial Accounts 2. Small Commercial Accounts 3. Residential Accounts H. WATER SHORTAGE OF WATER EMERGENCY RESPONSESUPPLY During times of threatened or actual shortage of supply, CPAU will activate the Water Shortage Contingency Plan, incorporated into the City of Palo Alto’s Emergency Response Plan. These plans are consistent with both county and state Emergency planning procedures. During a short-term Water shortage Emergency, the City Water shortage response team is activated. Members include water, fire, planning, health, Emergency Services, public affairs, parks and recreations, and the City Manager’s Office. This team has identified specific water-critical Customers such as hospitals, nursing facilities, and schools. An organizational structure is in place to deliver potable Water to distribution sites, activate Water purification equipment, employ standby generators and auxiliary pumps and use Emergency Water conveyance and supply storage facilities. During long-term water shortages due to drought, the Utilities Department will implement a four- stage reduction strategy. Reduction targets will be set for all Customer classes depending on the severity and duration of the shortage. Reduction targets will be established by Council to provide a minimum of 50% of normal supply during a severe or extended Water shortage. (END) ATTACHMENT I METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69X-279XX-20169 Sheet No. 1 A. OWNERSHIP OF AND RESPONSIBILITY FOR METERING EQUIPMENT CPAU shall will furnish, own and maintain all Gas Regulators and all Meters for measuring Electric, Water, and Gas usage by the Customer. In addition, CPAU shall will furnish, own and maintain all Meter-related equipment including: instrument transformers, phase shifting transformers, test switches, and connecting circuitry necessary for measuring Electricity used by the Customer. CPAU may, at its option, meter delivery to Primary Service Customers at Secondary Service voltage, and apply an adjustment factor to compensate. An accurate record will be kept by CPAU, or its designated Meter data management agent, of all Meter readings, and such record will be the basis for determination of any bill rendered for Service. CPAU reserves the right to estimate Meter readings, should any Meter fail to register correctly the amount of commodity used by the Customer. B. METER INSTALLATIONS 1. LOCATION a. All Meters shall will be installed by CPAU in a convenient location upon the Applicant’s Customer’s Premises, and so placedlocated to be at all times accessible by CPAU or its authorized representatives for maintenance, inspection, reading, and testing. Meter location must be approved by CPAU; placement of Meters above the ground-floor level is generally not permitted. b. When required in order to comply with the most current CPAU Rules and Regulations and Utility Standards, Tthe Customer shallmust, at the Customer’s’ own expense, provide relocate the Meter or Meters to a CPAU new and- approved location for the Meter or Meters in order to comply with current CPAU Rules and Regulations and, and Utility Standards.., and whenever the existing Meter or Meters become inaccessible for maintenance, inspection, reading, or testing. 2. MULTIPLE-OCCUPANCY BUILDINGS In buildings in which separate Meters are required for each unit to measure separately the Electric Service, Gas or Water supplied to each individual Customers, Meters for each ATTACHMENT I METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69X-279XX-20169 Sheet No. 2 Service will be located at one central point, per the CPAU standards or as otherwise specified by CPAU. The building owner shallmust clearly mark each Meter position to indicate the particular location supplied by the Meter. Each Meter position shall be clearly marked by the building owner to indicate the particular location supplied by itthe Meter.Each Water and Gas houseline ismust be tagged with a brass identification plate showing the final and legal address servinged by each Meter. If more than one Gas or Water Meter is required to serve a multiple-occupancy building, such as a condominium or townhome, a Public Utility Easement shall will be required for the Water and Gas Service Lines and Gas Meters. 3. SEALING OF METERS All CPAU Meters will be sealed by CPAU and no such seal shall may be tampered with or broken except by an authorized representative of CPAU. If a Meter is tampered with, bypassed or otherwise compromised by the Customer, CPAU may discontinue and remove the Service in addition to charging for the estimated amount of Utilities used, and pursue all available civil and criminal remedies. If Service is removed, Customer will be responsible for the expense of removal and installation of new Service before the new Service is re-installed and activated. 4. ELECTRIC DEMAND METERS Generally, Demand Meters will not be installed on Loads with an estimated maximum Demand less than six (6) or eight (8) kW or eight (8) horsepower (hp). Demands of such lesser loads will be determined by a Load check. 5. ADDITIONAL METERING CPAU may, at its discretion and at its cost, install additional Metering for system quality control purposes. 6. CAPACITY OF METERS a. CPAU will set Water and Gas Meters to match the Customer’s Demand as stated on the Customers Utility Application/load sheet. CPAU may install Meters with a ATTACHMENT I METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69X-279XX-20169 Sheet No. 3 capacity greater than needed in excess of what is needed to supply the stated demand if the Customer pays all applicable fees associated with the larger Meter. It is the Customer’s responsibility to submit an accurate Utility application/load sheet for Meter and Service capacity sizing. b. CPAU may, at its option, meter delivery to Primary Service Customers at Secondary Service voltage, and apply an adjustment factor to compensate. C. METER TESTS 1. Any Customer may secure a test of the accuracy of the Meter serving the Customer’s Premises. Prior to the test, the Customer will be required to make a deposit with CPAU as specified in CPAU Rate Schedule C-1. The deposit will be returned to the Customer if, under conditions of normal operation;, the Electric, or Gas, or Water Meter is found by test to register more than two percent (2%) faster, or the Water Meter is found by test to register more than one and a half percent (1.5%) faster. Otherwise, the deposit will be retained by CPAU to offset a portion of the cost of making such test. Deposits made for Meter accuracy testing will be returned or waived if CPAU determines that the Meter’s current condition requires testing or replacement in advance of the Meter’s scheduled replacement date. 2. The Customer has the right to require that the test be made in their presence, or a representative’s presence at the Meter shop. A written report giving the result of the test will be supplied to the Customer upon request within ten (10) days of the test. 3. Meters will be tested before their installation, except that in the case of newly purchased single phase Electric Meters, the manufacturer’s test may be used as the installation test when CPAU’s random test indicates satisfactory test conditions for a particular manufacturer and a particular shipment. No Electric, of Gas or Water Meter will be placed in Service or allowed to remain in Service if it is found to have an error in registration in excess of two percent (2%) under condition of normal operation. No Water Meter will be placed in Service or allowed to remain in Service if it is found to have an error in registration in excess of one and a half percent (1.5%) under condition of normal operation. ATTACHMENT I METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69X-279XX-20169 Sheet No. 4 D. MASTER METERING Separate Premises, even though owned by the same Customer, will not be supplied Water, Gas, and/or Electric through the same Meter (i.e. master Meter), except as provided herein. 1. RESIDENTIAL Customers for which whom Water, Gas, and Electric Master-metering was installed prior to December 31, 1982, may continue to obtain Service at a single Point of Delivery through a single Metering installation for two or more single-family dwelling units in the same building or for two or more multi-family dwelling buildings, provided such buildings are adjacent to each other on an integral parcel of land undivided by a public highway, street, or railway. Requests for Master-metered multi-family Residential Service subsequent to December 31, 1982, will be evaluated and approved if central space conditioning is acceptable to CPAU. Developments with such central systems may continue to qualify for Master-metering. 2. NONRESIDENTIAL CPAU need not serve Premises directly, but will provide Master-metered Gas Service, where any of the following conditions are met: a. The building will contain central heating, air conditioning, or central domestic hot Water and can be shown (using methods of calculation acceptable to CPAU) to be more energy efficient and at a more favorable cost-benefit ratio than would be the case if individual Metering were installed. b. The building is designed to be subdivided or modified after construction to meet changing space needs of multiple of a number of tenants. 3. SEPARATE METERING IMPRACTICAL Where, in the sole opinion of CPAU, it is impractical for CPAU to meter individually each Premise or space, CPAU may meter only those Premises or spaces that it is practical to meter, if any. 3. 4. CALIFORNIA WATER METERING FOR MULTI-UNIT STRUCTURES ATTACHMENT I METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-2016 Sheet No. 4 CONSTRUCTED AFTER JANUARY 1, 2018 Water Code as amended by law Senate Bill 7 (Water Code, Division 1, Chapter 8, Article 5, Section 537-537.5) requires individual water meters or submeters for each unit of newNew multiunit residential structures or mixed-use residential and commercial structures constructed after January 1, 2018 must include a submeter for each dwelling unit, so that tenants can be billed accordingly for their Water use. . CPAU Standards require City meters to be placed within the public right-of-way on the street side of the development and will individually metered only those units that it is practical and the space is available for the meter. CPAU encourages submeters over individual meters particularly for buildings with many units since individual meters may be impractical. Requests for Master-metered multi-family Residential Service willare subject to review and approval by CPAU be evaluated and approved by CPAU. The owner of the structure shallmust install submeters that comply with all Llaws and regulations governing the approval of submeter types or the installation, maintenance, reading, billing, and testing of submeters, including, but not limited to, the California Plumbing Code. 4. SEPARATE METERING IMPRACTICAL Where, in the sole opinion of CPAU, it is impractical for CPAU to meter individually each Premise or unit or building served, CPAU may meter only those Premises or units or spaces that it is practical to meter, if any. 5. ESTABLISHING EXCEPTION The owner of the building shall bear the burden of proof satisfactory to CPAU in establishing an exception for any of the above reasons. E. TOTALIZING METERING CPAU may permit tTotalizing though a single Electric Meter of the Electricity delivered by two or more separate Services will be considered if a Customer is served at primary voltage, has an estimated or actual Load greater than in excess of 3,000 kVa, and all Services serve a contiguous site. Any exception to this provisionCPAU’s standard Metering requirements must be explicitly addressed by a Rate Schedule or Customer Contract (Rule 5). (END) ATTACHMENT I METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-2016 Sheet No. 4 ATTACHMENT J LINE EXTENSIONS RULE AND REGULATION 16 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-91-20190 Sheet No. 1 A. GENERAL CPAU will extend its Utility Service infrastructure in Palo Alto along public roads, alleys, and streets, and upon private property across which satisfactory Eeasements or rights-of-way have been obtained by the Applicant and granted to the City. All design and construction costs associated with any necessary line extensions and facilities for subdivisions or other developments shall must be paid by the Applicant. In addition, the Applicant is required to prepare all documents, in accordance with CPAU requirements, and pay all costs related to obtaining and recording an Eeasement or right-of-way to serve a particular subdivision or Customer. All design and construction shall must comply with most current CPAU standards. CPAU will review the system calculations and plans prepared by the Applicant’s engineer and make the final determination regarding the adequacy of the existing infrastructure. CPAU will determine the final type, size and location of all necessary line extensions or other facilities. The; such determinations so made by CPAU will be final. B. ELECTRIC 1. SYSTEM EXTENSION WITHIN THE BOUNDARIES OF A SUBDIVISION OR OTHER DEVELOPMENT a. CONSTRUCTION BY APPLICANT The Applicant shall must provide, at no cost to CPAU and in accordance with CPAU standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, Junction boxes, vaults, equipment pads, and subsurface housing required for providing Electric distribution Service within the development. Upon acceptance by CPAU, the Applicant must will transfer ownership of such facilities to CPAU. b. CONSTRUCTION BY CPAU After transfer of ownership of the facilities provided by the Applicant, CPAU will furnish and install all cables, switches, and other equipment required for the system extension. LINE EXTENSIONS RULE AND REGULATION 16 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-2010 Sheet No. 2 c. CONNECTION CHARGES Charges for connection to the system will be detailed in CPAU’s Electric Service Connection Fees (Rate Schedule E-15), with full credit allowed for any over sizing or extra facilities required by CPAU in order to provide Service for areas beyond the boundaries of the development. Such credit will be computed solely on the basis of CPAU’s cost for the materials involved. 2. SYSTEM EXTENSION OR REINFORCEMENT OUTSIDE THE BOUNDARIES OF A SUBDIVISION OR OTHER DEVELOPMENT a. CONSTRUCTION BY CPAU CPAU or its contractor will construct the necessary underground facilities to deliver Electric power Service to the development site. Connection to these facilities will be subject to Charges in accordance with CPAU’s Electric Service Connection Fees (Rate Schedule E-15). b. CONSTRUCTION BY APPLICANT Where mutually agreed upon by CPAU and the Applicant, all or part of the required system extension may be constructed by the Applicant in accordance with CPAU the standards and specifications of CPAU. c. TEMPORARY OVERHEAD CONSTRUCTION Based on a finding by the Electrical Engineering Manager, under Chapter 12.16, Underground Utilities, and/or Chapter 21.24, Subdivisions , of the Palo Alto Municipal Code (Underground Utilities), that underground facilities are not feasible, temporary Pole Lines may be constructed by CPAU to provide Electric power Service to a subdivision or other development until permanent underground facilities are established. Reasons for such a finding may include, but not beare not limited to: (1) Remoteness of new development; (2) Uncertainty as to possible road widening or realignment; (3) Uncertainty as to probable development patterns; and LINE EXTENSIONS RULE AND REGULATION 16 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-2010 Sheet No. 3 (4) Insufficient area development to warrant the expense of an underground system. The overhead lines will be replaced by an underground system when replacement is determined to be practicable by the Electrical Engineering Manager. All Applicants served from temporary over-head lines will be subject to Charges in accordance with applicable CPAU Rate Schedules. C. WATER, GAS AND WASTEWATER 1. SYSTEM EXTENSIONS WITHIN THE BOUNDARIES OF A SUBDIVISION OR OTHER DEVELOPMENT a. . WATER AND WASTEWATER The Applicant shall must provide and install, at no cost to CPAU and in accordance with CPAU standards and specifications, all facilities and equipment required for Water distribution and Wastewater Collection within the development. Connection to these facilities will be subject to Charges in accordance with CPAU’s Connection Fees (Water Rate Schedule W-5 and Wastewater Collection Rate Schedule S-5). CPAU will reimburse the Applicant for any over-sizing or extra facilities required by CPAU in order to provide Service for areas beyond the boundaries of the development. Such reimbursement will be computed solely on the basis of the Applicant’s cost for pipe material involved in the over-sizing. The Aapplicant shall must submit documentation provided by the material supplier indicating the difference in material cost between the over-sized facilities installed versus the cost of materials required by the proposed development. No allowance will be considered for related labor costs. Reimbursement shall will only be for material costs associated with over-sizing. No credit will be extended if the size required to serve the proposed facility is less than the minimum standard specified in the latest adoptedcurrent version of the CPAU’s WGW Utilities Standards. b. GAS CPAU will provide and install, at the Applicant’s expense, all facilities and equipment required for Gas distribution Service within the development. Charges for connection to the system will be as detailed in CPAU’s Gas Service Connection Fees LINE EXTENSIONS RULE AND REGULATION 16 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-2010 Sheet No. 4 (Rate Schedule G-5) with credit allowed for any over-sizing or extra facilities required by CPAU in order to provide Service for areas beyond the boundaries of the development. Such credit will be computed solely on the basis of CPAU’s cost for the pipe material involved in over-sizing. 2. SYSTEM EXTENSIONS OR REINFORCEMENT OUTSIDE THE BOUNDARIES OF A SUBDIVISION OR OTHER DEVELOPMENT a. CONSTRUCTION BY CPAU CPAU or its contractors will construct the necessary facilities to deliver Water and Gas to the development site or to collect Wastewater from the site, and connection to these facilities will be subject to Charges in accordance with CPAU’s Connection Fees (Water Rate Schedule W-5, Gas Rate Schedule G-5, and Wastewater Collection Rate Schedule S-5.) b. CONSTRUCTION BY APPLICANT When mutually agreed upon by CPAU and the Applicant, all or part of the required Water and Wastewater system extensions may be constructed by the Applicant in accordance with the standards and specifications of CPAU. D. . FIBER OPTICS CPAU will construct extensions from its Dark Fiber Infrastructure in accordance with Rule and Regulation 26. Charges for connection to the system will be as detailed in CPAU’s Dark Fiber Service Connection Fees (Rate Schedule EDF-2). (END) ATTACHMENT H UTILITY SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER PREMISES RULE AND REGULATION 18 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 911-XX0901-20196 Sheet No. 1 aA. GENERAL Rule and Regulation 18 outlines the general requirements governing Utility Services Connections and Ffacilities on Customer Premises in the City of Palo Alto. In addition, Ffor information and Rules specific to each type of Utility Service, please refer to the following Special Utility Regulations: Rule and Regulation 20 – Special Electric Utility Regulations Rule and Regulation 21 – Special Water Utility Regulations Rule and Regulation 22 – Special Gas Utility Regulations Rule and Regulation 23 – Special Wastewater Utility Regulations Rule and Regulation 24 – Special Refuse and Recycling Utility Regulations Rule and Regulation 25 – Special Storm and Surface Water Drainage Utility Regulations Rule and Regulation 26 – Special Fiber Optics Utility Regulations B. SERVICE CONNECTION REQUIREMENTS Upon an approved Application for a new Utility Service, CPAU will connect Utility Service Lines of suitable capacity to the CPAU infrastructure at a Point of Service designated by CPAU, provided that: 1. The property to be connected or upgraded fronts on a public street, highway, alley, lane, or right-of-way along which CPAU has or will install the appropriate infrastructure; or the property has a contiguous Eeasement or right-of-way along which CPAU has or will install Utility infrastructure. 2. CPAU has approved, as applicable, the Customer’s applicable: Utility Service Application and plans, Meter locations, Electric switchboard design and location, and Water backflow prevention device and sSewer backwater valve type and location, and any other plan deemed necessary by CPAU to complete the connection and/or upgrade. ATTACHMENT H UTILITY SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER PREMISES RULE AND REGULATION 18 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 911-XX0901-20196 Sheet No. 2 3. The Applicant has complied with CPAU and Building Department permit and inspections requirements for the project and completed the all installations of required Service equipment and/or facilities in accordance with CPAU-approved plans submitted by the Applicant, the Special Utility Regulations listed in section A above, and any applicable Utility standards.. 4. The Applicant has installed all required Service equipment and facilities .(e.g., Electric Service equipment with Meter socket, main disconnect device, gGas houseline stub out, Shutoff valves & by-pass, Water control valve, backflow preventer, sSewer backflowbackwater valve, Fiber demarcation cabinet, etc.) in accordance with the Special Utility Regulations listed in section A. above. 45. The Applicant has paid in full all required connection Charges and fees. 56. The City’s Building Inspector has approved the installation authorizing the Customer to activate the Service to be activated, and has issued Mmeter release tags. C. OWNERSHIP AND RESPONSIBILITY FOR SERVICE LINES, FACILITIES, AND EQUIPMENT 1. General a. a. Unless otherwise noted in other City of Palo Alto Utilities Rules and Regulations or CPAU SStandards, aAll materials, facilities, and equipment installed or used by CPAU, its agents, and employees, on the Customer’s Premises in the construction or operation of CPAU Services will at all times be and remain the sole property of CPAU. CPAU and may be access, repaired, replaced, or removed by such equipment or material CPAU at any time. CPAU will attempt to notify and coordinate material and equipment modifications with Customers when possible and in non-emergency situations. ATTACHMENT H UTILITY SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER PREMISES RULE AND REGULATION 18 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 911-XX0901-20196 Sheet No. 3 b. The Customers shall must exercise reasonable care to prevent CPAU equipment on the Customer’s Premises from being damaged or destroyed and shall must refrain from interfering with same. The Customers shall must immediately notify CPAU upon the discovery of any defect in CPAU equipment. c. No rent or other Charge whatsoever shall is permitted to be made charged by the Customer against CPAU for placing, maintaining or accessing any Meters, equipment, substations or other facilities on the Customer’s Premises that are required to install, maintain, upgrade or otherwise provide Utility Service. D. INSTALLATION OF SERVICE CONNECTION: 1. Only on dutly authorized employees or agents of CPAU shall beare allowed to connect the Customer’s’ Electric, Gas, or Fiber Optic Service to, or disconnect thosee Services from, the CPAU’s infrastructure. 2. If the City allows the Customers to connect or disconnect the the Customer’s Water or Wastewater Service from the City’s distribution/collection system, then the work shall be observed by and the installation must be approved by a CPAU Water, Gas, and Wastewater Utilities Inspector. E. RELOCATION OR MODIFICATION OF SERVICE CONNECTIONS The Customer is responsible for all costs associated with relocation or modification of Utility facilities or equipment initiated at the Customer’s request, or to provide Utility Service to new load. Under the City’s Low Carbon Fuel Standard Program, aA credit may be available towards costs associated withfor Utility equipment modifications to Utility equipment required by the installation of Electric Vehicle Supply Equipment at single family or multi-family residential sites may be available under the City’s Low Carbon Fuel Standard Program, as described in Rate Schedule E-15. (END) ATTACHMENT H UTILITY SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER PREMISES RULE AND REGULATION 18 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 911-XX0901-20196 Sheet No. 4 ATTACHMENT L SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6X-27XX-201699-9-2019 Sheet No. 1 A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Services Connections and Facilities on Customers’ Premises, the following is required: B. ELECTRIC SERVICE CONNECTION REQUIREMENTS 1. FACILITIES ON CUSTOMER PREMISES a. The Customer is responsible for the installation of all equipment from the facility to the designated Point-of-Service. For underground systems, this includes conduit and conductors. For overhead systems, because the Point-of-Service is the weatherhead or point of attachment to the facility, this includes the mast or riser and all conductors therein. b. The Customer is responsible for installing and maintaining all substructures (including, but not limited to, conduits, underground vaults or boxes, and covers) on the Customer’s Premises that are reasonably required for CPAU to provide Electric Service. This will be, at the Customer’s expense and in accordance with CPAUthe requirements, standards, and specifications of CPAU. SThis substructures shall are be owned and maintained by the Customer, for CPAU’s exclusive use by CPAU. The Customer shall beis responsible for repairing or replacing the substructure for any reason deemed necessary by CPAU, including deterioration to the extent that the existing conductors/cables cannot be removed. bc. The Customer is required to provide all substructure between the Customer’s Service entrance equipment and the nearest available Point of Service connection, as determined by CPAU. This Point of Service is typically a splice box located near the street and may be in the Public Right-of-Way. In the case of rear easements, this point is typically at a splice box or at the base of a pole riser. cd. Upon approval by CPAU of the substructure installed on the Customer’s Premises, CPAU will install Primary Electric Service conductors and a transformer, if needed. The Applicant/Customer is responsible for the full cost of installation in accordance with the applicable sections of CPAU’s Electric Service Connection Fees Charges (Rate Schedule E-15), and/or any applicable Special Facilities Charges. CPAU will determine the type and size of the conductors to be installed by CPAU.required. ATTACHMENT L SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6X-27XX-201699-9-2019 Sheet No. 2 de. CPAU will assume ownership and responsibility for maintenance of Customer- installed the underground Electric Service lateral conductors, as defined in the National Electric Code Article 100, only installed by the Customer if the Service meets CPAU specifications and it has been approved and accepted by the CPAU Electrical Engineering Manager or his or her designee. Where bus duct or extra flexible cable is required and used, CPAU’s maintenance responsibility for conductors ends at the transformer secondary terminals. The bus duct or extra flexible cable is considered to be the Service entrance conductor for which CPAU assumes no responsibility. ef. 2. MISCELLANEOUS SERVICE EQUIPMENT a. CUSTOMER’S EQUIPMENT 1. All Sservice switches, fuses, Meter sockets, Meter and instrument transformer housing and similar devices, irrespective of voltage, required in connection with Service and Meter installation on the Customer’s Premises, shall will be furnished, installed, owned and maintained by the Customer in accordance with CPAU requirements. fg. 2. The “service disconnect” is defined by the National Electric Code. 3. The Applicant Customer will must provide a suitable means for CPAU to place its seal on covers of Sservice enclosures / troughs and instrument transformer enclosures which protect un-metered live circuits installed by the ApplicantCustomer. Such seals shall may be broken only by CPAU or its authorized CPAU representativesagents. Detailed information will be furnished by CPAU on request. gh. b. CPAU’S EQUIPMENT 1. CPAU will furnish and install the necessary instrument transformers, test facilities and Meters. ATTACHMENT L SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6X-27XX-201699-9-2019 Sheet No. 3 C. SERVICE CONFIGURATIONS 1. OVERHEAD OR UNDERGROUND a. The standard Service to single family Residential homes in existing overhead areas shall beis overhead. The Director of Utilities or his/her designee can require an underground Service for single family Residential Service in areas where system design requires underground Service, or would otherwise require the addition of polesof poles to the system. b. All new Electric Utility Services to Commercial/ Industrial Customers and new subdivisions shall will be provided by underground facilities on the Customer’s Premises. The on-site underground Electric Utility lines shall will be provided by the Customer at their the Customer’s expense and shall must meet CPAU specifications. 2. NUMBER OF SERVICES PER BUILDING Only one Electric Service line is allowed for a building or other Premises, except for commercial properties, under the following conditions where: a. Two or more Electric Service Drops or laterals may be extended to a single building provided all wiring supplied for each Service, other than Mmetering conductors, supplied for each Service has no common raceway, connection, or service area with wiring supplied by any other such Service. Approval by the Utilities CPAU Director of Utilities, or his/her designee, is required, and Special Facilities fees Charges may apply. b. Two or more sets of Electric Service entrance conductors may be extended to a single switch gear for the purpose of providing additional capacity or for backup protection. Special Facilities and/or reserve capacity fees Charges may apply. 3. SERVICES FOR TWO OR MORE COMMERCIAL BUILDINGS ON ONE PARCEL Only one Electric Service line is allowed on a parcel with multiple commercial buildings except where when the Applicant requests, and CPAU agrees, to install multiple Service ATTACHMENT L SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6X-27XX-201699-9-2019 Sheet No. 4 Lines, and CPAU agrees to make such an installation. The additional costs, as estimated by CPAU, shall will be borne by the Applicant, including such continuing ownership costs as may be applicable. See Special Facilities (Ssection J) below. 4. NUMBER OF ELECTRIC SERVICE PERISCOPES PER SERVICE DROP Not more than two service periscopes may be served from a single overhead Service Drop. Overhead service connections will not be installed where the Applicant’s main switchboard is larger than 400 amps. D. PROTECTIVE DEVICES 1. 1. The Applicant Customer is responsible for furnishing, installing, inspecting and keeping in good and safe condition at Customer’s Applicant’sCustomer’s own risk and expense, all appropriate protective devices of any kind or character, which may be required to properly protect the Applicant’s Customer’s facility. CPAU shall is not be responsible for any loss or damage occasioned or caused by the negligence, or wrongful act of the Applicant Customer, or any of the agents, employees or licensees of the property owner, in omitting, installing, maintaining, using, operating or interfering with any such protective devices. 2. The Applicant Customer is responsible for locating, installing, and maintaining approved protective devices as may be necessary to coordinate properly with CPAU’s protective devices to avoid exposing other Customers to unnecessary Service interruptions. 3. Applicants or Customers who request Primary voltage Service shall must install, at a minimum, circuit breakers with over-current and ground fault relays. Applicants must submit their planned protection scheme to the City’s Building and Utilities Departments for approval prior to installing any equipment. 4. The Applicant Customer is responsible for equipping three-phase motor installations with appropriate protective devices, or for using motors with inherent protective features, to completely disconnect each motor from its power supply. Particular Appropriate protective devices It must include consideration must be given to thefor the following situations: a. Protection in each set of phase conductors to prevent damage due to overheating in ATTACHMENT L SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6X-27XX-201699-9-2019 Sheet No. 5 the event of overload. b. Protection to prevent automatic restarting of motors or motor-driven machinery which has been subject to a Sservice interruption and, because of the nature of the machinery itself or the product it handles, cannot safely resume operation automatically. c. Open-phase protection to prevent damage in the event of loss of voltage on one phase. d. Reverse-phase protection where appropriate to prevent uncontrolled reversal of motor rotation in the event of accidental phase reversal. Appropriate installations include, but are not limited to, motors driving elevators, hoists, tramways, cranes, pumps, and conveyors. ATTACHMENT L SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X6-XX27-201916 Sheet No. 6 5. The Applicant is responsible for installing and maintaining Sservice equipment rated for the available short-circuit current at the Point-of-Delivery. This value varies from one location to another, and can change over time. The Customer Applicant shall must consult CPAU for the short-circuit current at each Point-of-Delivery. 6. Any non-CPAU-owned Emergency standby generation equipment shall must be installed by the Applicant with suitable protective devices to prevent pParallel oOperation with CPAU’s system. The design must be fail-safe, such as with the use of a double-throw switch to disconnect all conductors. Any exception must include a written agreement or Sservice contract with CPAU permitting such parallel operation. 7. Unprotected Service entrance conductors within a building must terminate at a disconnect switch immediately after entering the building. Installation must comply with the National Electrical Code section 230-70, concerning the location of the disconnect switch, and section 230-6, for the definingtion of conductors considered outside a building. E. INTERFERENCE WITH SERVICE 1. GENERAL CPAU reserves the right to refuse to serve new Loads or refuse to continue to supply existing Loads of a size or character that may be detrimental to CPAU’s operation or to the Service of its Customers. Any Customer who operates or plans to operate any equipment such as, but not limited to pumps, welders, saw mill apparatus, furnaces, compressors or other equipment where the use of Electricity is intermittent, causes intolerable voltage fluctuations, or may otherwise cause intolerable Service interference, must reasonably limit such interference or restrict the use of such equipment upon request by CPAU. The Customer is required to provide and pay for whatever corrective measures are necessary to limit the interference to a level established by CPAU as reasonable, or avoid the use of such equipment, whether or not the equipment has previously caused interference. 2. HARMFUL WAVEFORM Customers shall may not operate equipment that superimposes a current of any frequency or waveform onto CPAU’s system, orsystem or draws current from CPAU’s system of a harmful waveform, which causes interference with CPAU’s operations, or the Sservice to other Customers, or inductive interference to communication facilities. Examples of harmful ATTACHMENT L SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X6-XX27-201916 Sheet No. 7 waveform include, but are not limited to: a. Current drawn with high harmonic currents causing transformer or conductor overheating, even if root-mean-square (RMS) loading is within normal limits. b. Current drawn causing voltage distortion adversely affecting CPAU or other CPAU Customers. c. Harmonic currents which exceed the harmonic current distortion limits set in the most recent IEEE Standard 519. In most cases, this equates to a maximum limit of 4% harmonic current on any individual odd harmonic or 5% total harmonic current. 3. CUSTOMER’S RESPONSIBILITY Any Customer causing Sservice interference to others must take timely corrective action. Otherwise, CPAU, without liability and after giving five (5) days written notice to Customer, will take corrective action. Corrective action could include discontinuing Electric Service until a suitable CPAU-approved permanent and operational solution is provided by the Customer, at Customer’s expense. 4. MOTOR STARTING CURRENT LIMITATIONS a. The starting of motors shall must be controlled by the Customer as necessary to avoid causing voltage fluctuations that will be detrimental to the operation of CPAU’s Ddistribution or transmission system, or to the Service of any of CPAU Customers. b. If motor starting causes or is expected to cause detrimental Service to others, a suitable means must be employed, at the Customer’s expense, to limit voltage fluctuations to a tolerable level. F. PHASE BALANCING It is the Customer’s responsibility to maintain a balanced Load, as nearly as practical, between supplied circuit phases. In no case shall can the Load on one side of a three-wire single-phase service be greater than twice that on the other. In no case shall can the Load on any one phase of a polyphase service be greater than twice that of any other. ATTACHMENT L SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X6-XX27-201916 Sheet No. 8 G. POWER FACTOR CORRECTION The Customer is required to provide, at Customer’s own expense, Power Factor correction equipment. This equipment must be sized to improve the average Power Factor to at least the level set forth in the applicable Rate Schedule with respect to avoiding a Power Factor penalty. H. SERVICE DISCONNECT AND METER TEST DEVICES 1. All Sservice disconnects and similar devices, irrespective of voltage, required by Law in connection with a Service and Meter installation on Customer’s Premises, must be furnished, installed and maintained by the Customer. A “Service-disconnecting means”, as defined in the National Electrical Code (NEC), must be installed adjacent to the CPAU electric meter(s). Metering equipment must be located on the exterior of the building, unless approved by the CPAU Electric Engineering Manager. 2. When instrument transformers are required by CPAU as part of the Meter installation, CPAU will install a Meter test bypass block on a mounting plate that must be furnished by the Customer. When instrument transformers are not required by CPAU, the Customer is responsible for providing the Meter test bypass block. Meter test bypass blocks furnished by the Customer must be approved by CPAU in conjunction with Applicant’s plan submittal. I. SPECIAL POWER SERVICE REQUIREMENTS 1. GENERAL Where a Customer requires requests voltage control with less variance than what is specified in Rule and Regulation 3 (Description of Utility Services), the Customer must reimburse CPAU for its cost to provide, at itsCPAU’s sole option and discretion, any special or additional equipment to meet the Customer’s special needs. 2. NONSTANDARD OR EXCESSIVE CUSTOMER REQUIREMENTS a. In order to prevent damage to CPAU’s equipment and impairment of its Sservice, the Customer shall must give CPAU notice before making any additions to the connected Load so that CPAU, at its option, may provide such facilities as may be necessary for ATTACHMENT L SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective X6-XX27-201916 Sheet No. 9 furnishing the increased service. b. If a Customer’s Load is of sufficient magnitude that it exceeds the capacity of C CPAU’s Distribution System, the Customer may be required by CPAU to shift peak loading to off-peak periods and/or receive service from CPAU’s 60 kilovolt sub- transmission system. J. SPECIAL FACILITIES 1. Special Facilities are facilities requested by an Applicant in addition to or in substitution for standard facilities which CPAU would normally provide. Standard facilities are for delivery of Service at one point, through one Meter, at one voltage class under its CPAU Rate Schedules. 2. CPAU normally installs only those standard facilities which it deems are necessary to provide regular Sservice in accordance with the Rate Schedules.applicable CPAU Rules and Utility Standards. Where the Applicant requests that CPAU to install Special Facilities and CPAU agrees to make such an installation, the additional costs thereof, as estimated by CPAU, shall will be borne by the Applicant, including such continuing ownership costs as may be applicable. These costs will be calculated by CPAU based on the net present value, and shall must be paid by the Applicant in advance of installation unless alternative payment arrangements are approved by the CPAU Director of Utilities of Utilities. 3. Unless otherwise provided by CPAU’s applicable Rules and Utility StandardsRate Schedules, Special Facilities will be installed, owned and maintained by CPAU as an accommodation to the Applicant only if acceptable for operation by CPAU and if the reliability of Sservice to CPAU’s other Customers is not impaired. 4. Installation of Special Facilities will require a contract between the Applicant and the City of Palo Alto. (END) ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 1 A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Services Connections and Facilities on Customers’ Premises, the following is required: B. SERVICE CONFIGURATIONS 1. NUMBER OF SERVICES PER BUILDING Only one Water Service Line is allowed for aper building (or other Customer Premises), except additional Water SevicesServices may be provided for commercial properties at CPAU’s discretion, if any of the following conditions apply: a. a. sSpace is not available in the Public Right-of-Way at any one location for the number of Water Meters required to serve the property. b. aAdditional Water Services are needed for irrigation and fire Water Services. a.c. a LSsingle Water Service location is not practical, due to parcel configuration or size. C. AUTOMATIC DEDICATED FIRE SERVICES, INCLUDING AUTOMATIC FIRE SPRINKLERS 1. PURPOSE CPAU will furnish Aan automatica dedicated fire Sservice connection in 2-inch to 10- inch size will be furnished only if CPAU confirms approves that Customer has made adequate provisions approved by CPAU are made to prevent the use of Water for purposes other than fire extinguishingsuppression. 2. APPLICATION AND AGREEMENT The Customer/Applicant will be required to sign an Application for CPAU connection and an Aagreement to operate the fire Sservice in accordance with these Rules and Regulations. The Applicant, at the Applicant’s expense, will be required to install an approved backflow protection assembly in accordance with Title 17 of the California Code of Regulations, Article 2., Protection of Water sSystem, Sections 7601-7605, as ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 2 well as Title 17 of the California Administrative Code, Section E of this Rule and Regulation, and all other applicable City standards and requirements. 3. INSTALLATION CHARGES The Applicant will be required to make payment in advance of construction in accordance with CPAU’s applicable Connection Fee Rate Schedule. 4. QUANTITATIVE CHARGES a. Water for fires: no Charges will be made for Water used to extinguish accidental fires. b. Other: Water used provided for any purpose other than extinguishing fires or testing or repairing fire extinguishing facilitiesvia a dedicated fire Service connection as authorized under subsection C of this Rule and used for fire suppression and suppression system testing is billed according , shall be paid for underto Rate Schedule Water Rate Schedule W-3 (Fire Service Connections). Unauthorized Water use shall be subject to criminal prosecution as set forth in Water Rate Schedule W-3.will be subject to the same penalties as set forth in Section D.2 below. 5. VIOLATION OF AGREEMENT If Water is used from a dedicaded fire service line fire service in violation of the Aagreement or of this Rule and Regulation, CPAU may, at its option, levy a fine, discontinue and remove a Service in addition to charging for the Water illegally used, and pursue all available civil and criminal remedies, including but not limited to prosecution pursuant to Palo Alto Municipal Code Section 1.08. If a fire service is removed, Customer will be responsible for the expense of removal and installation of a new fire service before the new service is re-installed and activated. 6. PRESSURE AND SUPPLY CPAU assumes no responsibility for loss or damage because of lack of Water or pressure and merely . CPAU agrees to furnishes such quantities and pressures as are available in its general Distribution System. The Water Service is subject to shutdowns and variations required by the CPAU’s operation of the Water system and system Demands. The Ccustomers shallmust comply with applicable Fire Department the requirements at ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 3 all times, including of the Fire Department whenever such fire protection systems are out of service. The C D. FIRE HYDRANTS 1. USE AND DAMAGE OF FIRE HYDRANTS No Person(s) or Persons, other than those designated and authorized by the proper authority, or by CPAU, shall may open any fire hydrant, attempt to draw Water from it, or in any manner damage or tamper with it. Any violation of this section will be prosecuted via all available civil and criminal remedies, including but not limited to Palo Alto Municipal Code Section 1.08. a. The process for approval to allowing a Person to withdrawing following conditions must be met to draw Water from a public fire hydrant is as follows: i. Prior to use at a construction site or for any other purpose, a Person must first obtain a Fire Hydrant Meter Permit from CPAU must be validly obtained, and Water use is shall be deemed to have consented subject to all permit restrictions and requirementson Wwater use. Potable water for consolidation of backfill and other nondomestic uses in construction shallis not permitted to be used not be used if other water sources, such as reclaimed water, are available. . ii. A The permittee shallmust pay in full to CPAU the Hydrant Meter deposit and all related Charges as requiredstated will be required on the Hydrant Meter supplied by CPAU per on the applicable Water Service Rate Schedule for Fire Hydrants (W-2). iii. Meter reading is performed by CPAU Utilities Operations Department at a 6-month interval when the permittee brings in the meter for renewal, or at the end of the rental period if it’s less than 6 months. iv. The permittee shall be billed and shall pay all Charges shall be billed and paid according to CPAU’s applicable Water Service Rate Schedule for Fire Hydrants (W-2). iiiv. All Water taken from the fire hydrant must be registered on the hydrant Meter. It is illegal to draw Water from a hydrant without the hydrant ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 4 Meter attached to record the volumes. Meter reading is performed by CPAU Utilities Operations Department at a 6-month interval when the permittee brings in the Meter for renewal, or at the end of the rental period if less than 6 months. b. 2. PENALTIES FOR IMPROPER USE i. Tampering with fire hydrants and improperly using Water from fire Services is prohibited., and CPAU may, at its option, levy a fine, discontinue and remove a Service in addition to charging for the Water illegally used, and pursue all available civil and criminal remedies, including, but not limited to, prosecution under Palo Alto Municipal Code Section 1.08. ii. If the Customer removes a fire Service, the Customer will be responsible for all related expenses, including installation of a new fire Service, before any new fire Service is re-installed and activated. i. FINES AND PENALTIES ii. iii. i. Any Person(s) drawing Water from a public fire hydrant without a Fire Hydrant Meter Permit or without registering the Water taken on the hydrant Meter shall be subject to criminal prosecution. iii. ii. Failure to submit timely Meter reading cards may result in forfeiture of all or part of the Customer Fire Hydrant Meter deposit. iv. iii. Failure to return the hydrant Meter at the end of the appropriate period may result in additional Charges, per as described in the applicable Water Service Rate Schedule for Fire Hydrants (W-2). v. iv. Individuals or companiesPersonsAnyone who are found in violationviolating of Section Rule 21 D.1(a)(i) or Rule 21 D.1(a)(v) of this Rule on more than one occasion in a three year period may be denied any use of fire hydrant Water Service. Such Customers may use reclaimed Water if available. 32. MOVING OF FIRE HYDRANTS ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 5 When a fire hydrant has been installed in the location specified and approved by CPAU, CPAU has fulfilled its obligation. If a property owner or other party desires a change in the size, type, or location of the hydrant, the owner requester shall is responsible for bear all the cost of such changes, without refund. Any change in the location of a fire hydrant must be approved by the City of Palo Alto Fire Department and the Utilities Department. The cost of relocation shall will be as estimated by the CPAU Engineering Manager for Water, -Gas, and -Wastewater (WGW). This cost estimate must be paid by the requesting party before CPAU will begin relocation. EE. WATER SYSTEM PROTECTION 1. CROSS CONNECTION CONTROL PROGRAM The purpose of the Cross Connection Control Program is to protect the City’s potable Water from contamination. The connection of unprotected actual or potential connections between the potable Water system and any source or system containing unapproved Water, or any substance that presents a potential danger is prohibited. This program is operated in accordance with the current State Department of Public Health Regulations contained in Title 17 of the California Administrative Code of Regulations, Division 1, Chapter 5, Subchapter 1, Group 4, Sections 7583 through 76054, as amended (hereafter “State Regulations”). This The Cross Connection Control Program document, drafted in accordance with State Regulations, is available on the City’s website and on file with the City Clerk. The CPAUUtilities Director of Utilities is authorized to terminate Water Service to any Customer who fails to comply with this Rule, and or with any other City Cross Connection Control Program requirements, after notice is given. 2. BACKFLOW PROTECTION a. GENERAL REQUIREMENTS i. Backflow protection assemblies must be approved by the University of Southern California’s (USC) Foundation for Cross Connection Control. A list of approved assemblies and other background information can be found at the assembly manufacturer’s website and the Foundation’s website.: http://www.usc.edu/dept/fccchr/list.html. ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 6 ii. The Customer must install the required Water backflow prevention assemblies in accordance with CPAU and State of California requirements. iii. The backflow prevention assemblies are owned and maintained by the Customer. iv. The Customer is responsible for annual testing of the backflow prevention assemblies and any required repair or replacement. Additional information about annual testing requirements is provided in section EE(2)(e) of this Rule. v. As a protection to the Customer's plumbing system, the Customer must install a suitable pressure relief valve and pressure expansion tank between a backflow assembly and any natural gas, electric or solar water heater on the Customer’s Water system. vi. The backflow prevention assembly must be installed in a Utility-approved location on private property at a location within 5 feet of the Point of Service (property line/Meter) unless a different location is specified elsewhere in this Rule or an exception has been granted by the CPAU Water, Gas, and WastewaterWGW Engineering Manager. b. EXISTING SERVICES Customers are required Existing Water connections (commercial, industrial or domestic) will be required to install Reduced Pressure Principle Assembly (RPPA) backflow prevention assemblies yon Existing Water connections (commercial, industrial or domestic) at the Customer’s expense within 90 days of notification by CPAU, when any of the following conditions occur: i. Salt Waterwater, or Water water otherwise polluted, is available for industrial or fire protection purposes, or where fresh Water water hydrants are or may be installed on piers or docks; ii. The Premises are now or may be engaged in Pprocesses which produce industrial wastes, or where the Premises are or may be engaged in handling Wastewater or any other dangerous substances are occurring on the Premises; iii. Gray Wwater, stored rain Wwater, well Wwater, reclaimed Wwater or other unapproved source of Wwater is present on the premise for irrigation or other uses. iv. An approved WWwater supply line terminates at a pier head outlet which is used to supply vessels at piers or wWater fronts. These installations ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 7 shall must be located where they will prevent the return of any Wwater from a vessel or any other source into the approved Water supply line. v. The Customer is engaged in the handling of dangerous or corrosive liquids, or industrial or process Wwater. vi. Circumstances are such that there is danger of backflow of Wwastewater or other contaminated liquids through plumbing fixtures of Wwater-using or treating equipment, or storage tanks and reservoirs. Such circumstances include, but are not limited to, dangers present at the following types of facilities or caused by the following types of activities: a) Non-single family home swimming pools; b) Sewage ejector pumps; c) Boilers, hydronic or solar heating systems; d) Animal veterinary or grooming facility; e) Automotive maintenance, washing, painting or fueling facility; f) Oil, gas, radioactive material or chemical storage, transmission or production facilities; g) Barber / beauty shop or nail salon; h) Restaurant, bar, or brewery; i) Printer copy/reprographic service or film processing/developing; j) Dental, medical facility, nursing home, sanitarium or hospital; k) Manufacturing or processing plant; l) Dry cleaning or laundry facility; m) Portable cleaning/spray equipment ; n) Steam cleaning facilities; o) Swamp cooler, cooling tower or water chillers; p) Water booster pump; q) Tanker truck yards or wWater storage tanks; r) Florist or plant nursery; s) Non-single family home fountain or lagoon; t) Grocery store; u) Gym, hot tub or spa facility; v) Concrete, aAsphalt, sand or gravel plant; w) Laboratory, school or college; x) Metal mManufacturing, processing, plating, cleaning or fabrication; y) Morgue, mortuary, graveyard, crematorium or funeral home; z) The CPAU Water Gas WastewaterWGW Operations Manager has determined that the Sservice connection poses a ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 8 contamination risk to the Water Distribution System. c. SPECIAL CONDITIONS – EXISTING SERVICES When a Customer is required to install a backflow prevention assembly (BPA) in the University Avenue or California Avenue Business Districts, the Customer may, at the discretion of the Director of Utilities and the Chief Building Official, be allowed to install backflow prevention assemblies in the Public Right-of-Way (PROW) where no feasible placement alternative exists outside of the PROW. The customer must obtain an Encroachment Permit from the City of Palo Alto prior to the installation of the backflow prevention assembly. Installations in the PROW are subject to the following conditions: i. Existing building structure must contain a vertical wall at the edge of the PROW. ii. The Customer must obtain insurance with minimum liability coverage of $1,000,000 each for personal injury and property damage, and shall must indemnify and hold the City harmless via a contractual liability endorsement. iii. The backflow prevention assemblies are limited to sizes rated as 2 inches or smaller. iv. BPAs located in the PROW shall must encroach the minimum distance necessary for compliance. In no event shall will right-of-way sidewalk access be restricted to less than five (5) feet of clearance. v. Any BPA proposed in the PROW may, at the discretion of the Director of Planning and Community Environment, require mitigation to paint the equipment to match the building, provide for a screening cage, or other techniques to minimize visual impacts along the streetscape. vi. Any BPA proposed in the PROW to be located on the exterior of a designated historic building requires review and approval by the Department of Planning and Community Environment, in addition to other approvals. vii. In the event of a future building improvement, the Encroachment Permit will be revoked as a component of development approval, and the Applicant will be required to move the backflow prevention assembly off of the Public ROW and onto the Applicant or building owner’s property. d. NEW OR UPGRADED SERVICES ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 9 The installation of a backflow prevention assembly is required before the connection of a new or upgraded Service under any of the following conditions: i. For single family Residential Customers, an approved Reduced Pressure Principle Assembly (RPPA) backflow prevention assembly is required when an unapproved fresh Water supply is available from a well, spring, reservoir, or other source. This condition applies even if the unapproved source is not connected to the Utilities CPAU Water System. If the Customer agrees to abandon this the other supply, agrees to remove all pumps and piping necessary for the utilization of this supply, and properly abandons this the alternate supply source, the installation of a backflow protective assembly may not be required. ii. For commercial or industrial fire services, a RPPA backflow prevention assembly must be installed for any existing or new Water connections. Alternative backflow prevention assemblies may be substituted after approval by the CPAU Water Gas WastewaterWGW Engineering Manager. iii. Single and multi-family residences that have fire sprinklers that are connected to the domestic Water Service shall must have an approved Double Check Valve backflow prevention assembly installed on the main Water Service connection. iv. Commercial, industrial, retail, and multi-unit housing (more than 4 units in a building) Water Service Applicants shall must install a (RPPA) backflow prevention assembly for all Water Services. v. Whenever the CPAU Water Gas WastewaterWGW Operations Manager has determined that the connection poses a contamination risk to the Water Distribution System. e. INSPECTION AND TESTING OF BACKFLOW PREVENTION ASSEMBLIES i. The owner of any Premises with required backflow prevention assemblies must have them inspected at least once annually by a Backflow Protection Assembly Tester certified by the California-Nevada Section of the American Water Works Association and registered with CPAU at least once annually. ii. Backflow prevention assemblies must be inspected and tested before a Sservice is connected. ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 10 iii. Customer must provide proof that the backflow prevention assembly that they have installed is on USC’s Foundation for Cross Connection Control approved list. iv. Backflow prevention assemblies must be tested annually, and repaired or replaced within 30 calendar days whenever they are defective or upon notice from CPAU. v. The annual testing cCertificates shall must be sent to the Water Transmission Supervisor/Cross Connection Control Officer, City of Palo Alto, P.O. Box 10250, Palo Alto, CA 94301, each year on the anniversary of the device’s initial testing. If the required backflow testing cCertificate is not received within 90 days of notification by the City of the need for one, the City may either contract for the testing and charge the Customer for the expense, or terminate Water Service. vi. All expenses for repair and maintenance of backflow prevention assemblies shall will be borne by the Customer. vii. The CityCPAU reserves the right to perform additional inspection or testing of any required backflow prevention assembly as it deems necessary to protect the Water Distribution System. f. PLUMBING CHANGES REQUIRED IN SPECIAL CIRCUMSTANCES In special circumstances, where the Customer is engaged in the handling of dangerous or corrosive liquids, or industrial or process wWater, the UtilityCPAU may require the Customer to eliminate certain plumbing or piping connections as an additional precaution and as a protection to the backflow preventive assemblies. In making plumbing connections beyond the backflow prevention assembly to the Service, the Customer must comply with lLocal or and sState pPlumbing oOrdinances and State rRegulations. g. BACKFLOW PROTECTION ON ADDITIONAL WATER SUPPLY LINES Whenever CPAU or sState regulations require backflow protection on a water Water supply line entering a Customer's Premises, any and all Wwater supply lines from the Utility'sCPAU mains entering such Premises, buildings, or structures shall must be protected by a City- approved backflow prevention assembly in conformance with sState rRegulations, regardless of the use of the additional Wwater supply lines. h. PROTECTION AGAINST FLOWS BETWEEN DIFFERENT MAINS ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 11 Two or more Services supplying Water from different mains to the same building structure or Premises through which Wwater may flow between mains must have an approved backflow prevention assembly on each Water Service installed at locations defined in this Rule. i. DISCONTINUANCE OF SERVICE CPAU, at its discretion, may immediately discontinue Water Service to any Premises may be immediately discontinued by the Utility if the backflow prevention assemblies have not met the conditions outlined in this Rule or if the Water Gas WastewaterWGW Operations Manager has determined that situation could cause contamination of the Water Distribution System. Service will not be restored until the Water Gas WastewaterWGW Operations Manager has determined that any conditions that compromise the safety of the Water system have been corrected. FF. IRRIGATION METERS CPAU will install a dedicated irrigation meter for new and rehabilitated landscaping greater than 1,000 square feet, as required by the Palo Alto Municipal Code section 16.14.220 for industrial, commercial, institutional, and multi-family common areas. Water Service for all new and rehabilitated industrial, commercial, and institutional landscaping and new and rehabilitated multi-family common areas requiring a permit or review by the CPAUCity shall be provided by a separate irrigation Meter. The separateis Meter shall will be designated as an irrigation Account and no other Uutilities will be billed on such Accounts. The Customer shall must pay for the additional Service according to Rate Schedule W-5. GG. WASTE OF WATER In the event that CPAU discovers waste of Water wasteshall be found, due to leaking, defective, or wasteful equipment, the CityCPAU will notify the Customer. If the Customer does not take reasonable steps to curb this waste, the CityCPAU shall haveretains the right, after giving 30 day due notice, to discontinue Service to the Customer until the repairs have been completed on the Customer’s equipment. CPAU will restore Service when it inspects and determines that the physical cause for discontinuance has been rectified, safe operating conditions have been restored, and the engineering and operations requirements for Service have been met. Willful waste of Water are subject to Section D. 1 Rule 9. HH. MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 12 1. CPAU RESPONSIBILITY CPAU will beis responsible for the maintenance of the Water Service from, and including, the Water Meter located near the street curb, up to, and including, the Water main and the remainder of the City’s water distribution system, except under the following conditions: a. Ethat the expenses of Water maintenance resulting from Customer’s violation of the Municipal Code or these applicable Rules and Regulations may be assigned toare the responsibility of the responsible partyviolator, and must be paid toor CPAU may refuse tobefore CPAU performs such maintenanceany maintenance required as a result of the violation. b. In Eeasements, private streets, and subdivisions, CPAU’s responsibility is limited to the Water mains and Water Meters in the Public Utility Easement (PUE). If the City’s reasonable use of the PUE to provide Service maintaining public utilities results in any damage to the common areas, then itWhere this ra private property’sca shall be theis the responsibility of the owner or Home Owner’s Association, and not of the City, to restore the affected portions of the cCommon aAreas. 2. CUSTOMER RESPONSIBILITY a. a. The Customer will beis responsible for replacing small (2” or less) Services that are not polyethylene or copper when building a new structure or constructing additions/remodels that have a value greater than $1200,000 for residential projects and or greater than $300,000 for commercial projects, as stated on the project’s building permit application. Reconnection to the City CPAU Water Services will only be allowed on current standard Services. All other Services must be replaced, per the CPAU WGW Utility Standards and applicable CPAU Rules and Regulations, from the main up to and including the Water Meter box, including all applicable at the fees Charges listed in the Utility Rate Schedule W- 5. b. b. The Customer will beis responsible for maintenance of the on-site Water Distribution System downstream of the Water Meter in accordance with the Palo Alto Municipal Code Chapters 12.20.010 and 16.08, including the Water Meter vaults and boxes as shown on Diagram A below. ATTACHMENT M SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-20149-09-2019 Sheet No 13 c. c. It shall be the responsibility of the Customer to keep the top of the Water Meter, vault or box at ground level and clear of vegetation or any other obstruction. If after a 30 day notice from the UtilityCPAU, the Customer has not caused the Meter, vault, or box to be at ground level and clear of vegetation or obstructions, the Utility will perform the work at the Customer’s expense. The Customer will be invoiced for the actual cost to the Utility CPAU for the work. d.b. (END) ATTACHMENT N SPECIAL GAS UTILITY REGULATIONS RULE AND REGULATION 22 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 129-2909-20149 Sheet No 1 A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Services connections and facilities on Customers’ Premises, the following is required.: B. ANODE TEST BOXES 1. The anode test box is necessary for testing the cathodic protection system which protects the Gas system from the effects of corrosion. It is the responsibility of the Customer to keep this box to at ground level and visible if located on Customer’s property, in compliance with all Rule and Regulation 8 (Access to Premises) requirements. 2. If, after a 30 day notice from CPAU, the Customer has not caused the anode test box to be at ground level and clear of vegetation or obstruction, CPAU may arrange for the work to be performed at the Customer’s expense. The Customer shall pay the actual cost to CPAU for the work, and such Charge shall be added to the Customer’s monthly bill or billed directly to the Customer. C. MAINTENANCE OF GAS METER LOCATION It is the responsibility of the Customer to keep the Gas Meter accessible for reading and maintenance by controlling the growth of shrubs and plants. Additionally the Meter shall be kept clear of all debris, shields, and construction. 1. “Accessible” means capable of being reached quickly and conveniently 24 hours a day for construction, operation, inspection, testing or reading, without requiring those seeking access to climb over or remove obstacles or obtain special permission or security clearances. 2. If, after a 30 day notice from CPAU, the Customer has not caused the Meter location to be clear of vegetation or obstruction, CPAU may arrange for the work to be performed the work at the Customer’s expense. The Customer will payis responsible for the CPAU’s actual costs in performing to CPAU for the work, and such Charge shall be added to the Customer’s monthly bill. D.B. GAS METER LOCATION ATTACHMENT N SPECIAL GAS UTILITY REGULATIONS RULE AND REGULATION 22 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 129-2909-20149 Sheet No 2 1. Each Gas Meter and Service regulator shall must be installed at a location that provides protection from damage due to vehicular traffic, corrosion and extreme temperatures, and from exposure to pool chemicals, dryer vents, lawn sprinklers, and other potentially damaging items. 2. Each Meter must be located in a ventilated area in accordance with the CPAU Water, Gas, and Wastewater (WGW) Utility Standards and Federal Department of Transportation (DOT) regulations, including 49 CFR 192.353, Customer Meters and rRegulators: Location. 3. The CityCPAU reserves the right to require Gas Meter rooms for multiple-occupancy buildings where the building takes up the whole property (and there is no onsite location for Gas Meters) and more than 10 (ten) Gas Meters are required to provide Service. The Gas Meter room must conform to Federal DOT Codes and the California Plumbing Code. The Gas Meter room can only open to the exterior of the building and no perforations from the Gas Meter room to the interior of the building will be allowed. All electrical equipment (lights, switches, etc.) must be explosion proof suitable for Class I, Div. 1 hazard areas. The Gas Meter room must be adequately vented to the exterior from the top and bottom of the room. The Gas regulator must be located exterior to any structure or enclosure except an approved underground vault. Only low or medium pressure (less than 5 PSIG) Gas may enter the building/Gas Meter room. Service pressures above 7” WC (0.25 PSI) must have prior CPAU approval. The Gas Meter installation shall must conform to standard details GD-03B1A, GD-02A or GD-02B or GD-03C of the CPAU WGW Utility Standards, Appendix C. 4. Deviations from these standards and regulations must be approved by CPAU Engineering prior to any work being performed. E.C. MAINTENANCE OF GAS SERVICE PIPESFACILITIES 1. It is the Ccustomer’s responsibility to ensure existing gasGas facilities on the Ccustomer’s property are capable of being maintained, which includes repair, modification, or replacement by CPAU personnel. If Existing GgGas sSService piping facilities that cannot be maintained due to existing site conditions, CPAU will notify the Ccustomer, will be notifiedand of the CityCPAU’s inability to maintain the gasGas facilities . CPAU will becoordinate with the Ccustomer to the extent feasible, rerouted to relocate the gasGas facilities to a new standard Meter ATTACHMENT N SPECIAL GAS UTILITY REGULATIONS RULE AND REGULATION 22 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 129-2909-20149 Sheet No 3 locationsuitable location, as as determined by the Utilities DepartmentCPAU. Failure to relocate such facilities as directed by CPAU may result in termination of Service. Customers will be responsible for the cost of rerouting Gas Services from the Ggas main in the street to the new, approved Meter locationThe cost of rerouting the gGas Sseervice pipe and apparatuses from the gGas main in the street to the new mMeter location will may be at CPAU expense borne by the customer, as determined in the sole discretion of CPAU. It is the cCCustomer’s will also be responsible for securing necessaryility to permits, reroutinge,, and pressure testing and inspection of their houseline to the new mMMeter location. All costs associated with rerouting, building permits, inspection and testing of cCCustomer’s houseline will be at the cCCustomer’s expense. If CPAU’s requests to requirement that Customer relocate the affected gas facilities areis not completed by the identified time identified on theCPAU’s notice, natural gas sService to the Ccustomer’s property may be impacted, including termination of sService. 2. “Maintenance” means capable of being shall include all repaireds, modificationsmodified, or replacements replaced, regarding of gGas sService piping between the gGas main and sService mMeter. F.D. INSTALLATION OF NEW GAS SERVICE PIPES Gas Services shall will be installed, to the extent possible, perpendicular from the Gas Gas main in the street in a straight line to the Gas Meter. Property owners or Service Applicants who wish to install new gGGas Service by directional boring must have a Wastewater cleanout located at the front of the building where the Wastewater lateral exits the building. This cleanout is required so the Wastewater lateral can be inspected by CPAU to verify that it was not damaged by the Gas Gas Service installation. If there is no Wastewater cleanout at the front of the building and the owner/Applicant will not install one before contacting the City to install a new Gas Gas Service, the CPAU shallwill install Gas a Gas Service shall be installed by open cut method and the owner/Applicant shall will be responsible for the additional expense. (END) ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 1 A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Service Connections and Facilities on Customers’ Premises, the following is required: B. HAULED LIQUID WASTE The discharge of hauled liquid wastes to the wastewater collection system (also referred to as the sanitary sewer sanitary sewer system) is regulated by the the Palo Alto Municipal Code (PAMC) Chapter 16.09.110. The following Rules and Regulations implement this Provision. PURPOSE To provide a means of treating certain waste prohibited from entering the Wastewater system, City of Palo Alto Public Works Department operates a Hauled Liquid Waste Treatment Site at the Regional Water Quality Control Plant (RWQCP). Certain wastes may be hauled to this site for treatment and disposal. WASTES ACCEPTABLE FOR TREATMENT Hauled septic tank wastes Portable toilet pumpings Grease Trap wastes HOURS OF OPERATION Hours of operation for the Liquid Waste Hauler’s Treatment Site shall be as established by the Manager, Water Quality Control. WASTE IDENTIFICATION The hauler must provide a liter sample, taken in the presence of a waste treatment plant operator, of the contents of each tank to be discharged. The nature and source of the waste will be verified before the truck is permitted to unload. If laboratory analysis indicates that the material is not as represented (septic tank waste or toilet piping from a domestic source) the hauler’s permit may be revoked. HAULING OPERATIONS ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 2 To discharge at the Regional Water Quality Control Plant, a hauler must: Obtain a Trucker’s Discharge Permit from the Manager, Water Quality Control; File with City of Palo Alto Public Works Department a Certification of insurance and a hold harmless clause: Post a bond or cash deposit with City of Palo Alto Public Works Department’s appropriate division. The Trucker’s Discharge Permit shall be issued for twelve-month periods and is revocable for the violation of any of these Rules. The fee for Trucker’s Discharge Permits shall be as stated in City of Palo Alto Public Works Department Rate Schedule S-4. Insurance policies in force with limits of liability shall not be less than those specified below: Coverage for Which Limits of Insurance is Afforded Liability Worker’s Compensation & Compensation Employer’s Liability Statutory Bodily Injury Liability $1,000,000 each Person except automobile including $1,000,000 each occurrence the following coverages: Coverage for Which Limits of Insurance is Afforded Liability Protective, Completed Operations, Board Form Contractual and Personal Injury Property Damage Liability $1,000,000 each occurrence except automobile including the following coverages: ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 3 Protective, Completed Operations, Board Form Contractual and Personal Injury Property Damage Liability $1,000,000 each occurrence except automobile including the following coverages: Protective Completed Operations and Board Form Contractual Bodily Injury & Property Damage $1,000,000 each Person Liability Automobile $1,000,000 each occurrence The hauler must agree to save and hold harmless City of Palo Alto Public Works Department, its officers, agents, and employees from any liability of any nature whatsoever caused in whole or in part, by the negligence of the hauler, or his agents, or employees, arising out of such operation. BILLING Waste Haulers will be billed directly for grease, septic tank and portable toilet wastes. REFUSAL OF WASTES City of Palo Alto Public Works Department reserves the right to reject any load of hauled waste under the following conditions: If the waste is not properly identified If there is not sufficient storage capacity at the plant for the load For reasons of public health or safety at the discretion of the Manager, Water Quality Control Plant. If the load contains waste materials not authorized by these Regulations. C.B. MAINTENANCE OF AND RESPONSIBILITY FOR THE WASTEWATER COLLECTION SYSTEM Responsibility for various parts of the Wastewater Collection system depends on the location of ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 4 the City’s Wastewater Main, and whether a City Sewer Cleanout is present and accessible. The standard configuration of a Sewer Lateral within the Public Right-of-Way is shown in Diagram A below. When a City Sewer Cleanout is present, the City owns and is responsible for the inspection, maintenance, repair, and upgrade of the lower portion of the Sewer Lateral (also known as Lower Sewer Lateral or City Lateral) from the Wastewater Main up to and including the first City Sewer Cleanout. The Customer owns and is responsible for the inspection, maintenance, repair, and upgrade of the upper portion of the Sewer Lateral (also known as Upper Sewer Lateral or Private Lateral) from the City Sewer Cleanout to the building being served on the Premises. ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 5 Diagram A Standard Sewer Lateral Configuration within the Public Right-of-Way Private sewer service laterals, which are not under CPAU’s jurisdiction are NOT maintained and can contribute to inflow and infiltration (I/I) problems, cause blockages and play a role in sanitary sewer surcharging and overflows (SSOs). Depending on whetherBased on the City’s Wastewater Main is locatedlocation in the Public Right-of-Way or in a Public Utility Easement, the Customer may be solely responsible for the inspection, maintenance, repair, and upgrade of a portion of the Lateral or the entire Lateral. Wastewater Main A Wastewater Main is a collector pipe for numerous Sewer Laterals from an area or neighborhood. It conveys wastewater to larger trunk sewer lines or to a sewage treatment plant. The Wastewater Main is located either in the Public Right-of-Way or in a Public Utility Easement. The City is responsible for the inspection, maintenance, repair, and upgrade of the Wastewater Main. Sewer Lateral A Sewer Lateral is a pipe that connects to a Wastewater Main and conveys an that connects to a Wastewater Main andconveys anindividual building’s wWastewater to the Wastewater Main. There are two ownership conditions that can exist for a Sewer Lateral, and they are dependent ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 6 upon the location of the Wastewater Main and whether a City Sewer Cleanout exists or is accessible on the Sewer Lateral. The followings are the possible ownership conditions,: either: The City owns the lower portion of the Sewer Lateral (also known as City Lateral or Lower Sewer Lateral) and the Customer owns the upper portion of the Sewer Lateral (also known as Private Lateral or Upper Sewer Lateral); or. The Customer owns the entire Sewer Lateral (also known as Private Lateral). The owner of the Sewer Llateral is Ownership andresponsibilresponsible for the inspection, maintenance, repair, and upgrade of the Sewer Lateral. See sections below for detailed descriptions of ownership. Diagram A Standard Sewer Lateral Configuration within the Public Right-of-Way ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 7 1. WHEN THE CCITY WASTEWATER MAIN IS LOCATED IN THE PUBLIC RIGHT-OF-WAY a. Responsibility when City Sewer Cleanout is present and accessible: The standard configuration of a Sewer Lateral within the Public Right-of-Way is shown in Diagram A, above. When a City Sewer Cleanout is present, the City owns and is responsible for the inspection, maintenance, repair, and upgrade of the lower portion of the Sewer Lateral (also known as Lower Sewer Lateral or City Lateral) from the Wastewater Main up to and including the first City Sewer Cleanout. The Customer owns and is responsible for the inspection, maintenance, repair, and upgrade of the upper portion of the Sewer Lateral (also known as Upper Sewer Lateral or Private Lateral) from the City Sewer Cleanout to the building being served on the Premises. The standard configuration of a Sewer Lateral within the Public Right-of-Way is shown in Diagram A, below. Responsibility for Sewer Lateral when City-owned Sewer Cleanout is pPresent (Diagram B): When a City Sewer Cleanout is present, tThe City is responsible forowns and is responsible for the inspection, maintenance, repair, and upgrade of the lower portion of the Sewer Lateral (also known as Lower Sewer Lateral or City LateralLower Sewer Lateral) from the Wastewater Main up to and including the first City Sewer Cleanout. , as shown on Diagram B below. The Customer is responsible forowns and is responsible for the inspection, maintenance, repair, and upgrade of the upper portion of the Sewer Lateral (also known as Upper Sewer Lateral or Private Lateral) from the City Sewer Cleanout to the building being served on the Premises shall be the Customer’s sole responsibility. The standard configuration of a Sewer Lateral within the Public Right-of-Way is shown in Diagram A below. ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 8 The City is also responsible for the City Sewer Cleanout. The standard location of the City’s Sewer Cleanout’s standard location is inside within the planting strip, per City Water, Gas, and Wastewater (WGW) Utility Standards. If the City’s Sewer Cleanout cannot feasibly be placed in the planting strip, the City may permit an existing Sewer Cleanout to bewhich is located along the Sewer Lateral within the Public Right-of-Way, or within 5 feet behind the property line on private property, to be deemed the City’s Sewer Cleanoutallow the City Sewer Cleanout to be installed in another location within the public right-of-way or within 5 feet of the property line, as indicated in Diagram B, below. ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 9 ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 10 Diagram B Sewer Lateral Rresponsibility wWhen City -owned Sewer Cleanout is pPresent ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 11 a.b. Responsibility when Responsibility for Sewer Lateral wWhen City Sewer Cleanout is nNot Ppresent, or is inaccessible (Diagram C):: The configuration of a Sewer Lateral without a City Sewer Cleanout is shown in Diagram C, below. If there is no City Sewer Cleanout, if the City Sewer Cleanout is innot accessible, or if if the Customer’s Sewer Cleanout is more than 5 feet behind the property line on private property, then the Customer is responsible for the owns and is responsible for the inspection, maintenance, repair, and upgrade of the entire Sewer Llateral between the City’s Wastewater Main and the building structure being served on the Premises. The configuration of a Sewer Lateral without a City Sewer Cleanout is shown in Diagram C below. In this scenario,This means that the Customer is responsible to clean/clearfor maintaining the entire Sewer Lateral and keeping it free from blockages, and tif any portion of the Sewer Lateral is clogged. The City is not responsible for any damage resulting from sewage backups due tocaused by lack of Sewer Lateral maintenance of the Sewer Lateral., as well as for the Sewer Cleanout located on private property, as shown on Diagram C below. is considered private ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 12 until a City Sewer Cleanout can feasibly be installed to separate the responsibilities. T City and the customer is fully responsible for the maintenance of the Lower wholeentire sSewer lLateral starting at theCity’s Wastewater Mmain and continuing onto the private property.within e the Public Right-of-Way and private property from the Wastewater Main to the buildingproperty line cleanout and structure.If the sewer lateral is clogged, it is the customer’s responsibility to clean/clear the pipe all the wayup to the City’s Wwastewater Mmain. The City is not responsible for any damage resulting from the sewage backup due to lack of maintenance of the sewer lateral., and the City is not responsible for the Sewer Cleanout on the private property, as shown on Diagram C below. The Upper Sewer Lateral, including any sewer pipe connected to the Upper Sewer Lateral, on private property between the property line and the Customer’s building or structure is the Customer’s sole responsibility. If there is no City Sewer Cleanout on the Premises being servedalong the Sewer Lateral, the City, at its convienceconvenience, and only when the pipe is not under sewage surcharged conditions, may will may elect schedule the installation ofinstall to install a new City Sewer Cleanout when the pipe is not under sewage surcharged condition, , when the pipe is not under surcharged condition, in one of the following locations depending on feasibility: i) , at the City’s discretion: the planting strip (standard location per WGW Utility Standards), ii) sidewalk, o o r iii) behind in the back of the sidewalk before the property line. Once the a new City’s Sewer Cleanout is installed and operational, the City will then be take over the responsibleownership own of for the Lower Sewer Lateral between the Wastewater Main and the new City Sewer Cleanout, as described in Section C(1)(a). If there is no feasible location or the Customer (or the Ownerproperty owner, if the Customer is not the owner of the property) refuses to allow the installation of permit the City to install a new City Sewer C leanout, then the Customer (or the Owner, as applicable) shall be immediately andwill remain solely responsible for the inspection, maintenance, repair, and upgrade of the entire sSSewer lLLateral from the City’s Wastewater Main to the Customer’s building or structure on the Premises being served on the Premises, as described in section C(1)(b). ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 13 If there is no feasible location or the customer refuses to allow the installation of a sewer lateral cleanout the customer will be responsible for the maintenance of the lateral starting at the sewer main. ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 14 Diagram C Sewer Lateral responsibility wWhen City Sewer Cleanout is nNot pPresent or is inaccessible ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 15 b.c. Responsibility for Sewer Lateral tThat bBranches Ooff the Lower Sewer Lateral (Diagram D): If the Customer’s sSSewer service LlLateral pipe branches off the City Lateral (or Lower Sewer Lateral), the Customer is solely responsible for the inspection, maintenance, repair, and upgrade of the via a tee or wye connection to the City Lateral, and, for the branched-off lLateral pipe between the tee or wye connection and the building or structure being served on the Premises being served shall be the Customer’s sole responsibility, as shown in Diagram D, below. Diagram D Sewer Lateral Branching Off City Lateral ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 16 ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 17 Diagram D Sewer Lateral responsibility when the sewer pipe branches off City Lateral 2. WHEN THE CITY WASTEWATER MAIN IS LOCATED CITY WASTEWATER MAIN IN A PUBLIC UTILITYN EASEMENT City’s Wastewater Mains located in Public Utility Easements are often, but not always, located at the rear of the property or in between properties rather than under the public street or Public Right-of-Way. If the City’s Wastewater Main is located within a Public Utility Easement on private property or prescriptive easement, CPAU the City is only responsible for the inspection, maintenance, repair, and upgrade of the Wastewater Main located thereinwithin the Easement. The Customer is responsible forowns and is responsible for the inspection, maintenance, repair, and upgrade of the inspection, maintenance, repair, and upgrade of the entire Sewer Lateral starting at the City’s Wastewater Main connection and continuing onto the building or structure on private property, as shown in Diagram E, below. The customer’s responsibilities also connection point of the Lateral to the Wastewater Main and inspecting, maintaining, repairing, and upgrading the entire Lateral include ing but not limited to: clearing any stoppages and any clean-up related to sewage Lateral backups. Diagram E below illustrates the Customer’s sphere of responsibility when the Wastewater ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 18 Main is in a Public Utility Easement. Structures, whether temporary or permanent, as well as trees, bushes and other large vegetation, are not permitted to be placed in the eEasement area, to ensure CPAU crews can access the sewerWastewater Ccollection system, and to prevent tree roots from damaging the system. Trees and/or permanent structures such as should not be placed in the easements as they may make it difficult for CPAU crews to access, maintain, repair or replaced the sewer collection system, including manholes.Periodically, City crews will need to open the sewer manhole lid and enter into the manhole in an eEasement for routine maintenance. Customers can contact CPAU at (650) 566-4501 to review Eeasement/parcel maps. This includes any construction materials, metals, lumber, berms, retaining walls, water bodies, refuse, fences, structures, building or other obstructions. Trees roots can damage the lines that lie beneath them. Trees and brushes must be kept away from the easement area. TThe customer must keep the location of the easement clear of debris and material, especially around manhole access points. The property owner may be faced with all costs of removalCustomers will be responsible for the City’s costs to remove unauthorized items from Easements, as well as for the costs of and any associated damages resulting from unauthorized structures, materials, or improvements on land encroacheding into an eEasement. In the event of an emergency, City crews may remove any obstructions, without prior notification or permission, to Clear gain access with equipment to the sewerWastewater Ccollection system. access allows CPAU to enter these areas with equipment in the event of emergency. Restoration of the removed obstructions, including but not limited to: construction materials, metals, lumber, berms, retaining walls, water bodies, refuse, fences, structures, and building, is the Customer’s responsibility. ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 19 Diagram E Customer’s Responsibility for Entire Lateral When Wastewater Main is Within an Easement ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 20 Diagram E Sewer Lateral responsibility when Wastewater Main is within a Public Utility Easement 3. CUSTOMER RESPONSIBILITYIES REGARDLESS OF LOCATION OF CITY WASTEWATER MAIN These rules requirements apply to all Customers receiving Wastewater Service from the City of Palo Alto, regardless of without regard to the location of the City’s Wastewater Main. a. Customers are responsible for clearing stoppages within Laterals for which they are responsible, including clean-up costs related to stoppages which cause sewer backups. If maintenance or repair of the City’s Wastewater Main or City Lateral is required as a result of a Customer’s violation of the Municipal Code, and/or these Regulations, or other applicable Law, the Customer is responsible for completing any necessary maintenance and repair at the Customer’s sole expense. All replacements and repairs shall must be constructed pursuant to the City’s current WGW Utility Standards, and will shall require City inspection and approval, and the. Customer iswill be responsible for all ; applicable charges in Utilities Rate Schedule S-5 will apply.. ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 21 a. Whenever the a Customer is building a new structure or constructing additions or remodels renovations on Premises to be served or currently being served by CPAU, and as a result of the construction project, the Lower Sewer Lateral must be realigned and reconnected to the Wastewater Main at a new location, the Customer shall will be responsible for the cost of replacing the Lower Sewer Lateral from the Wastewater Main up to and including the City’s Sewer Cleanout, if either of the below conditions apply:, and for installing a City Sewer Cleanout if one was not present b. i) Tthe Lower Sewer Lateral must be realigned and reconnected to the Wastewater Main at a new location. c. The project’s construction and/or remodel cost, as shown on the Customer’s City building permit application, is greater than $200,000 for residential projects or $300,000 for commercial projects, and the existing Lower Sewer Lateral has been determined to be in poor condition by Utilities Operations based on standard criteria established by the Utilities Department. The inspection and evaluation of the existing Lower Sewer Lateral will be performed by Utilities Operations as part of the City permit application review process. d.b. All construction must meet current WGW Utility Standards, will will requires City inspection and approval, and the.; Customer iswill be responsible for all applicable charges in Utilities Rate Schedule S-5 will apply. . Related Fees will be based on Utilities Rate Schedule S-5 for inspection/construction work performed by the City. Any work performed by the Customer’s contractor and any inspection costs incurred by the City, shall be at the Customer’s sole expense. c. Customers shall grant theThe City and CPAU personnel have the right to access to the entire Wastewater Sewer Lateral serving the Customer’s Premises, as needed for the City to implement the City’s Ccross Bore PreventionInspection verification Pprogram and Cross Connection Control and Backflow Prevention Programs, and generally to provide safe and reliable Services. The City’s Cross Connection Control Program-related Such access may include City inspection, maintenance, or repair of the Sewer Lateral as determined by the City in its sole discretion. e.d. The Customer will shall beis responsible for the on-site Wastewater Collection ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 22 System in accordance with the Municipal Code, including: i) Preventing storm water, roof or yard drainage, basement, foundation or under- drainage from being discharged into the Wastewater Collection System, unless a permit is granted by the Regional Water Quality Control Plant (RWQCP). In addition, any plumbing or piping that is connected or could be connected that would allow the future discharge of stormw Water or groundw Water into the Wastewater Collection System is prohibited. ii) Maintaining the condition of the on-site Wastewater Collection System so that it is water tight and does not allow the infiltration of groundwater. iii) Keeping the City cSewer Clean-out boxes at ground level and visible and accessible. If after a 30 day notice from CPAU the Customer has not made the clean-out box accessible, CPAU may remedy the inaccessibility by performing the work and charging the Customer the actual cost incurred.Sewer Ccleanout is not accessible the customer will be required to maintain the entire serviceSewer Llater from the Wastewater main to the building or structure on premise until the customer makes the Sewer C cleanout accessible. iv) Installing, maintaining, and ensuring proper usage of Grease Control Devices and oil/sand separators in accordance with Chapter 16.13 of the PAMCthe Palo Alto Municipal Code Sewer Use Ordinance (Section16.09.103 of the Municipal Code). If the City determines that the source of grease, oil, or debris contamination and/ or buildup in the Wastewater Collection System iscan be linked to a particular Customer, the Customer may be held responsible for cleaning the Wastewater System, including any associated costs or damages incurred by the City. v) Limiting the Water inflow rate to the Wastewater Collection System during fire system testing to 30 GPM. Higher flushing rates must be diverted to a detention tank to limit the flow rate to 30 GPM. vi) Limiting Wastewater ejector pumps usage so that the following conditions are met: (a) The pump(s) output capacity may not exceed 100 GPM. (b) The Wastewater Sewer Llateral must change to a 4” gravity flow Sewer ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 23 Llateral at least 20’ from the City-owned Sewer Cclean out. (c) The velocity in the 4” gravity flow Sewer Llateral must not exceed 3 feet per second. (a)(d) The tank and float shall must be set up such that the pump run time does not exceed 20 seconds or 33 gallons pumped during each cycle. vii) Installing an approved backwater valve per in accordance with the latest adopted version of the California Plumbing Code, to protect from backflow of sewage f ixtures installed on floor levels that are considered ground level or lower. Fixtures on such floor levels that are considered second floor or higher shall not discharge through the backwater valve. Backflow protection shall be installed per CityPalo Alto Municipal Code 16.08.110 Section 710.1 for the following: on all new construction; on remodels where plumbing fixtures are added to the property, and/or when more than fifty percent of the structure is being remodeled; when any replacement or repair is made to the sanitary sewer lateral; when propertyies has been damaged by the blockage of the City Wastewater Main; on all structures with sewer ejectors pumps and building floors where the elevation is at or below the invert of the City Wastewater Main. Failure of the owner to install a backflow prevention device foras required or as a result of any of the above conditions shall relieve the City of any and all responsibilityies for any and all subsequent damage caused by sanitary sewer overflows.latest adopted version of the California Plumbing Code 710.0 when the fixtures or drains connected to the Wastewater system are less than one foot above the next upstream Wastewater main manhole cover. The upstream Wastewater main manhole rim elevation shall be shown on the plans.\ vi)viii) Ensuring no Cconstruction material/debris and other obstructions areis prohibited to befrom being discharged into the sewer system per CityPalo Alto Municipal Code Section 16.09.035. Any violation is subject to penalty per Section 16.09.260. 4. NOTIFICATION TO CPAU If a Wastewater stoppage occurs, the Customer shall notify CPAU. CPAU will then determine whether the stoppage has occurred in the portion of the system owned and maintained by CPAU or by the Customer (or the Property Owner, if the Customer is not ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 24 the owner of the property). CPAU will clear the stoppage that has occurred in the portion of the system owned and maintained by CPAU. The Customer is responsible tofor clearing the stoppages that has occurred in the Upper/Private Lateral. D.C. SAMPLING OF INDUSTRIAL DISCHARGES IN EXCESS OF 25,000 GALLONS PER DAY In order to properly apportion costs of operation and maintenance of the RWQCP to industrial or commercial users who, as determined by the Environmental Compliance Division of the RWQCP, are dischargers of chemicals or effluent of a content and/or quality as to require special monitoring and charges, it is essential for CPAU to determine both the quantity and quality of Wastewater produced by each user so identified. CPAU adopts Tthe following is adopted as a fair and equitable method of developing determining the necessary cost-apportionment criteria for industrial or commercial users.: FLOW The Qquantity Charge shall be based upon the metered wWater served to the industrial or commercial user being billed, with the following under Section D of this Rulee. Exceptions will be made for the following: 1. Cooling Towers For Customers with one or more cooling towers, the volume of evaporated Water associated with cooling (inflow less outflow) may be used to offset flow calculations for Wastewater billing. To be eligible for such offsets, the Customer must comply with the following itemsrequirements: i) Inflow Water data: (a) Customer must have inflow Water Meter(s) on all cooling tower inlet(s); (b) Meter(s) must be annually certified by the County Department of Weights and Measures; (c) Proof of Certification(s) must be submitted to Utilities CPAU along with annual Meter Reads;. ii) Outflow Wwater data: ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 25 (d)(a) Five (5) cycles of concentration will be assumed for outflow calculations; (e)(b) Customers whose cycles of concentration are greater than five (5) and who want to have this reflected in their calculations must have outflow Meter(s) installed; (f)(c) Outflow Meter(s), if installed and used for purposes of calculation, must be annually certified by the County Department of Weights and Measures; (g)(d) Proof of Certification(s) must be submitted to Utilities CPAU along with annual Meter Reads;s. iii) Data acquisition and submittal: (h)(a) Customer is responsible for reading and recording each inflow Meter(s) flow (and each outflow Meter, if applicable) on a monthly basis; (i)(b) Meter Reads should be performed at approximately the same time each month; (j)(c) The following data, at a minimum, must be recorded at each reading: i. Date of read ii. Inflow read(s) for each inflow Meter iii. Outflow read(s) for each outflow Meter (if applicable) (d) The City of Palo Alto reserves the right to periodically review Customer's Meter(s) for accuracy;. iv) Participation rules and restrictions: (k)(a) Customer must have six (6) months of data in the first year to be eligible for participation; (l)(b) Customer must annually submit twelve (12) months of data thereafter; (m)(c) Inflow data (and outflow data, if applicable) must be submitted to the Utilities CPAU’s Customer Service Division annually by May for consideration in calculations for July (the start of the City's fiscal year);. 2. Extensive Landscaping In cases where the Customer has extensive landscape irrigation and summer monthly consumption exceeds the average monthly consumption of January, February, and March by more than 50 percent (50%), the average of the January, February, and March consumption shall be used for calculating wastewater discharge for the remaining months ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 26 of the year. 3. Outflow Meters If an outflow Meter has been installed, such metered outflow will be used to determine flow in lieu of recorded Wwater meter consumption. 4. High Strength Wastewater Users that discharge high strength wastewater, as determined by the CPAU, shallwill be billed as follows: a. Measurements of the concentration of ammonia, COD, and suspended solids shallwill be taken from 24-hour composite samples collected periodically for each high strength discharger being billed. i) The constituent concentrations found in these samples and previous samples plus the flow shallwill be averaged to provide the basis for establishing the Wastewater Treatment Charge to be levied to the discharger being sampled. ii) All samples shallwill be analyzed at the laboratory of the Palo Alto Regional Water Quality Control Plant. The Wastewater Treatment Charge will be based upon the quantity and concentrations found in the waste stream monitored. b. If an establishment’s piping configuration, or other physical considerations, render representative sampling prohibitively complex or infeasible, then CPAU shallwill set the establishment’s level of sewage effluent constituents for billing purposes at the average effluent levels of industries in CPAU, or where feasible, at the average effluent constituent levels of similar establishments. c. Sampling results are intended to provide an estimate of the quality of effluent discharge by the facility. Sampling results can vary significantly depending on the facility processes operating on the day of sampling. If the annual sampling results in combination with the flow data indicate a revised annual bill to the Customer, the amount of the increase or decrease shallwill not exceed 25 percent. The 25 percent limitation is independent of any change in rates or Charges to Rate Schedule S-2. ATTACHMENT O SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-2709-2016 2019 Sheet No 27 In cases where the user Customer has extensive landscape irrigation and summer monthly consumption exceeds the average monthly consumption of January, February, and March by more than 50 percent (50%), the average of the January, February, and March consumption shall be used for calculating wastewater discharge for the remaining months of the year. If an outflow Meter has been installed, such metered outflow will be used to determine flow in lieu of recorded water meter consumption. 2. CHEMICAL OXYGEN DEMAND, SUSPENDED SOLIDS, AMMONIA a. Measurements of the concentration of these constituents shall be taken from 24- hour composite samples collected periodically for each discharger being billed under Section D of this Rule. i) The constituent concentrations found in these samples and previous samples shall be averaged to provide the basis for establishing the Wastewater Treatment Charge to be levied to the discharger being sampled. ii) All samples shall be analyzed at the laboratory of the RWQCP. Treatment Charges will be based upon the quantity and concentration found in the waste stream monitored. b. If an establishment’s piping configuration, or other physical considerations, render representative Effluent sampling prohibitively complex or infeasible, then CPAU shall set the establishment’s level of sewage effluent constituents for billing purposes at the average effluent levels of industries in CPAU, or where feasible, at the average effluent constituent levels of similar establishments. c. Sampling results are intended to provide an estimate of the quality of Effluent discharge by the facility. Sampling results can vary significantly depending on the facility processes operating on the day of sampling. If the annual sampling results in combination with the flow data indicate a revised annual bill to the Customer, the amount of the increase or decrease shall not exceed 25 percent. The 25 percent limitation is independent of any change in rates or Charges to Rate Schedule S-2. (END) ATTACHMENT P SPECIAL REFUSE SERVICE REGULATIONS RULE AND REGULATION 24 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169XX-9XX-2019 Sheet No. 1 A. SPECIAL REFUSE In addition to this Rule and Regulation 24, Refuse Services are governed by Chapter 5.20 of the Palo Alto Municipal Code, which requires all Customers to subscribe to recycling, compost and solid waste services and to correctly sort materials into each designated container. Refuse Service includes weekly collection, processing and disposal of Solid Waste, weekly collection and processing of Recyclable Materials, weekly collection and processing of Compostable Materials, street sweeping service, the household hazardous waste program, and the annual and Clean Up Day collection. Refuse Services are provided to all Customers by the City’s Collector. 1. GENERAL a. The City shall authorize, permit, regulate and control the collection and disposal of all Solid Waste within the City limits. b. Minimum collection service for Solid Waste is once a week. Each Customer shall receive collection Services on a City specified day of each week. c. Containers must not be packed so tightly that contents do not empty freely. Contents of wheeled containers shall not exceed the weight limit specified on the container. d. Customers must supply a safe and accessible pathway for all collection. The City’s Collector does not enter buildings or residential garages to empty solid waste, compost or recycle containers. e. Customers must have all Containers ready and on the street for curbside collection by 6:00 a.m. on collection day. f. Any occupied dwelling which is receiving any two active Utility Services, such as Gas and Electric Service, shall be charged at least a Minimum Charge for Refuse Services. If unusual circumstances exist such that no Solid Waste, Compostable Materials andor Recyclable Materials are generated at the Premises, the Customer may apply for an exemption from this requirement. Residential Customers with non-occupied Premises for a minimum of three months who need to have Refuse Services temporarily suspended shall obtain from the City’s Public Works Department a Refuse Service suspension form. The suspension will be authorized for up to one ATTACHMENT P SPECIAL REFUSE SERVICE REGULATIONS RULE AND REGULATION 24 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169XX-9XX-2019 Sheet No. 2 year. Upon approval of the Refuse Service suspension, the City’s Collector will remove all Containers from the Residential Customer’s Premises. Upon reoccupation of the Premises, it is the obligation of the Customer to reestablish Refuse Service to the address by contacting the City’s Utilities and City’s Collector. The Refuse Service bill shall be adjusted accordingly upon approval from the City. g. The City’s Collector shall provide wheeled Containers for Solid Waste, Recyclable Materials, and Compostable Materials collection. Containers remain the property of the City and shall not be removed by Customers vacating Premises. If Containers are removed, the outgoing Customer may be charged a fee to replace the Container based on either a published fee or actual replacement cost. h. Containers shall remain on private property and not in the Public Right-of-Way except as is necessary to accommodate the scheduled collection. Containers are permitted in the Public Right-of-Way only during the day preceding the day of scheduled collection and terminating the day following such collection. h. Any refuse in excess of the Refuse Service subscribed to by the Customer that is found on the ground and/or adjacent to Customer containers may be removed by the City’s Collector for an additional Charge. i. Bulky goods scheduled for collection by the City’s Collector are permitted in the Public Right-of-Way only during the day preceding the day of the scheduled collection and terminating the day following such collection. Bulky goods mean include discarded furniture, mattresses, and household appliances. j. All Containers should have lids closed, and be placed on the street with the front of the Containers facing the street and have a minimum of 2 feet between Containers and from any parked vehicle or structure. 2. RESIDENTIAL a. The standard collection location for all Containers is on the street at curbside. Back/side yard Solid Waste collection is available only to Customers with existing subscription service at City established rates. ATTACHMENT P SPECIAL REFUSE SERVICE REGULATIONS RULE AND REGULATION 24 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169XX-9XX-2019 Sheet No. 3 b. Residential Customers may exchange City Collector provided Containers for a different size or because of a damaged container at no cost once per calendar year. Additional Container exchanges will be subject to a Charge per each exchange. c. The automatic default service level for Residential Customers is one 3220-gallon black container for Solid Waste, one 6496-gallon blue container for Recyclable Materials, and one 96-gallon green container for Compostable Materials. The Mminican/20-gallon size container is available for Solid Waste only; , 32-gallon, 64- gallon, and 96-gallon carts containers are available for all materials. d. Residential Customers may receive up to three containers for the collection of Recyclable Materials and three containers for Compostable Materials. Additional wheeled containers may be rented or purchased at City established rates. e. Temporary Containers for the rare occurrence of excess Compostable Materials, specifically for yard/plant trimmings, may be used by residents and may include 30-gallon paper bags, cardboard boxes, or yard/plant trimming bundles (no larger than 2’ x 4’). Each bundle or container used for the extra collection may not exceed 40 pounds and will not be returned to the Customer. f. Physical limitation collection service is available to eligible Residential Customers. On-premise (back/side yard) collection services for Solid Waste, Recyclable Materials, Compostable Materials and household hazardous waste collection is are available at no additional Charge to Customers who are physically limited and are unable to move the Containers to the street for collection. Program Service requires completion and approval of the City’s Collector application form and may be updated annually. 3. COMMERCIAL a. The automatic default service level for Commercial Customers is one 64-gallon container for Solid Waste, one 96-gallon blue container for Recyclable Materials, and one 32-gallon green container for Compostable Materials. ATTACHMENT P SPECIAL REFUSE SERVICE REGULATIONS RULE AND REGULATION 24 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169XX-9XX-2019 Sheet No. 4 b. Service location of Containers shall be approved by the Public Works Director or his/her designee. Commercial Customers may choose from a variety of service levels and frequency of collection. Containers in multiple sizes and collection frequencies are also available and provided by the City’s Collector. Containers may be pulled out to the street level by the City’s Collector at an additional charge. c. Commercial Customers may receive up to five wheeled containers for the collection of Solid Waste instead of a bin if space constrains exist. All Containers for Solid Waste and Compostable Materials are subject to a rental fee at City established rates. d. Commercial Customers may receive up to five wheeled containers for the collection of Recyclable Materials at no charge. The sixth wheeled container for Recyclable Materials will be subject to a rental fee at City established rates. e. Commercial Customers with space constraints may have to share collection Containers with other adjacent Commercial Customers and pay for a percentage of the Refuse Service provided. Customers with shared service will be responsible for paying for the same percentage of extra Fees if additional collection or services are needed or assessed. B. COLLECTION AND OWNERSHIP OF MATERIALS 1. RECYCLABLE MATERIALS a. Recyclable Materials placed for collection in Containers provided by City’s Collector shall become the property of the City’s Collector at the time of container placement on the street or other designated location for collection. b. Commercial Customers may donate, sell, or pay to have Recyclable Materials collected by any recycler provided such materials are separated by a single material type. Additional requirements related to exclusions to the City or its Collector having the exclusive right to Recyclable Materials are provided in PAMC Chapter 5.20. CB. SCAVENGING OF SOLID WASTE AND/OR RECYCLABLE MATERIALS IS ATTACHMENT P SPECIAL REFUSE SERVICE REGULATIONS RULE AND REGULATION 24 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-20169XX-9XX-2019 Sheet No. 5 PROHIBITED 1. No Person shall scavenge in any City-operated location or facility nor disturb nor remove any material therein, without permission from the Director of Public Works. 2. No Person shall scavenge from or deposit Solid Waste, Recyclable Materials, or Compostable Materials in any Container on the Premises of a Residential or Commercial Customer without the permission of the owner of the Premise. (END) ATTACHMENT Q SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective date 11-1-20169-09-2019 Sheet No 1 A. GENERAL For the purpose of City of Palo Alto Rate Schedule D-1 and this Rule and Regulation, the following words and terms shall beare defined as follows, unless the context in which they are used clearly indicates otherwise. The definitions of words and terms set forth in Titles 12 and 13 of the Palo Alto Municipal Code shall also apply herein to the extent that they are not inconsistent herewithwith the terms defined in this section A: 1. “Developed Parcel” shall means any lot or parcel of land altered from its natural state by the construction, creation, renovation, or addition of impervious area, except public streets and highways. 2. “Equivalent Residential Unit (ERU)” shall mean the basic unit for the computation of storm drainage fees. The ERU’s for all parcels other than single-family residential properties shall be computed to the nearest 1/10 ERU using the following formula: Number of ERU = Impervious Area (Sq. Ft.) 2,500 Sq. Ft. The ERU's for single-family Residential properties shall be computed as set forth in CPAU Rate Schedule D-1. 3. “Impervious Area” shall means any part of any developed parcel of land that has been modified by the action of Persons to reduce the land’s natural ability to absorb and hold rainfall. This includes any hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions pre-existent to development. By way of example, common impervious areas include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, or any cleared, graded, paved, graveled, or compacted surface or packed SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective date 11-1-20169-09-2019 Sheet No 2 earthen materials, or areas covered with structures or other surfaces which similarly impede the natural infiltration of surface water into the soil mantle. 4. “Non-Single-Family Residential Property” shall includes all developed parcels zoned or used for multi-family, commercial, industrial, retail, governmental, or other non-single family Residential purposes and shall includes all developed parcels in the City of Palo Alto not defined as single-family Residential property herein. 5. “Parcel” shall means the smallest separately segregated lot, unit or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes and given a Tax lot number by the Santa Clara County Assessor. 6. “Primary CPAU Account” shall means that the CPAU Account, as determined below, that will be assessed the storm drainage feestormwater management fee for a given developed parcel: a. If there is only one CPAU Account associated with a developed parcel, then that Account is the Primary CPAU Account. b. If there is more than one CPAU Account associated with a developed parcel, then the Primary CPAU Account shall will be the Account listed below, in order of preference: 1. The CPAU Account designated as the “house Account” or, if none or more than one, then; 2. The CPAU Account in the name of the owner of the parcel, or if none, then; 3. The CPAU Account(s) in the name of the occupier(s) of the parcel. 4. If more than one Account, then the CPAU Account that includes the most CPAU Services. 7. “Single-Family Residential Property” shall includes all developed parcels with either one or two single-family detached housing units or one two-unit attached dwelling structure commonly known as a “duplex.” SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective date 11-1-20169-09-2019 Sheet No 3 8. “Storm and Surface Water Control Facilities” shall means all man-made structures or natural water course facility improvements, developments, properties or interest therein, made, constructed or acquired for the conveyance of Storm or Surface Water Runoff for the purpose of improving the quality of, controlling, or protecting life or property from any storm, flood, or surplus waters. 9. “Storm Drainage Facilities” shall means the storm and surface water drainage systems comprised of storm and surface water control facilities and any other natural features which store, control, treat and/or convey storm and surface water. Storm Drainage Facilities shall include all natural and man-made elements used to convey storm water from the first point of impact with the surface of the earth to the suitable receiving body of water or location internal or external to the boundaries of the City of Palo Alto. Such facilities include all pipes, appurtenant features, culverts, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention/retention basins, ponds, and other storm water conveyance and treatment facilities whether public or private. See CPAU Rule and Regulation No. 8 “Access to Premises.” 10. “Storm and Surface Water” shall means water occurring on the surface of the land, from natural causes such as rainfall, whether falling or flowing onto the land in question. 11. “Undeveloped Parcel” shall means any parcel which has not been altered from its natural state by the construction, creation, or addition of impervious area. B. STORM DRAINAGE FEESSTORMWATER MANAGEMENT FEES 1. There is hereby imposed on each and every developed parcel of land within the City of Palo Alto, and the owners and occupiers thereof, jointly and severally, a Storm DrainageStormwater Management fee. This fee is deemed reasonable and is necessary to pay for: a. Improving the quality of storm and surface water; b. The operation, maintenance, improvement and replacement of the existing City storm drainage facilities; and c. The operation, maintenance, and replacement of future such facilities. SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective date 11-1-20169-09-2019 Sheet No 4 It is the intent of the City of Palo Alto, and the City has calculated the storm drainagestormwater management fee in such a manner, that the amount of the fee imposed upon any parcel shall will not exceed the proportional cost of the service attributable to the parcel. It is the further intent of the City that revenues derived from the fee will shall not exceed the funds required to provide the property-related Services described in this Rule and Regulation 25, and that revenues derived from the fee will shall not be used for any purpose other than those described in this Rule and Regulation 25. 2. All of the proceeds of these fees are deemed to be in payment for use of City storm drainage facilities by the developed parcel on, and with respect to, which the fee is imposed, and the owners and/or occupiers thereof. 3. The storm drainagestormwater management fee shall will be payable monthly as billed by CPAU. and shall will be paid to CPAU, as billed by CPAU, Ffor each and every developed parcel in the City, by the fee is the responsibility of the the parcel owner or occupier responsible for the Primary CPAU Account for other CPAU Services for the subject parcel, unless otherwise agreed in writing by CPAU. The method of billing described in this Rule and Regulation 25 has been designed for administrative efficiency. However, because the stormwater managementstorm drainage fee is a "property-related fee" as defined by Article XIIID, Section 6 of the California Constitution, a property owner may in writing request that the stormwater management storm drainage fee for a parcel owned by the property owner be billed directly to the owner, notwithstanding the typical method of billing. Because the stormwater management storm drainage fee is a "property-related fee," the parcel owner shall will be responsible to pay all unpaid or delinquent stormwater managementstorm drainage fees. For administrative efficiency, the stormwater management storm drainage fee for condominium and townhouse-style developments is typically billed to the CPAU Account of the Homeowners' Association. 4. If a developed parcel does not have a CPAU Account on the effective date of this Rule and Regulation, a new Account shall will be established for that parcel and billed to the owner as shown on the latest Santa Clara County Assessor's property Tax rolls until such time as a Primary CPAU Account is established for other CPAU Services. 5. When an undeveloped parcel is developed, a new Account shall will be established and billed to the owner of that parcel as shown on the latest Santa Clara County Assessor's SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective date 11-1-2016 Sheet No 5 property Tax rolls of the Santa Clara County Assessor until such time as a Primary CPAU Account is established for other CPAU Services. 6. BASIS FOR CALCULATION a. The stormwater management storm drainage fee shall will be based on the relative contribution of Storm and Surface Water from a given developed parcel to City storm drainage facilities. b. The relative contribution of Storm and Surface Water from each developed parcel shall will be based on the amount of impervious area on that parcel and shall will determine that parcel’s stormwater management storm drainage fee. c. For administrative efficiency, the impervious area of condominium and townhouse-style developments is typically calculated for the entire development rather than on a per-parcel basis. d. The extent of impervious area will be established to the nearest square foot by any of the following methods: 1. Computation of the impervious area using on-site measurements, made by CPAU or on its behalf, of the apparent outside boundaries of the impervious area in or on such developed parcels made by CPAU or on its behalf; or 2. Computation of the impervious area using the dimensions of the impervious area in or on the developed parcels which are set forth and contained in the records of the office of the Santa Clara County Assessor. 3. Estimation, calculation and computation of the impervious area using aerial photography or photogrammetry, or using the information and data from on-site measurements of like or similar property or features or as contained in City or County records. 4. Computation of the impervious area using information submitted by building permit Applicants on forms provided by the City, subject to review and correction by the City. SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective date 11-1-2016 Sheet No 6 7. CALCULATION OF MONTHLY FEE Monthly fees for all developed parcels shall will be computed in accordance with the following formula: Number of Equivalent Residential Units (ERU)’s x Rate per ERU as set forth in CPAU Rate Schedule D-1. 8. APPLICATION a. Developed Parcels: Stormwater management Storm drainage fees shall will apply to all developed parcels within the City, including those classified as non-profit or tax-exempt for ad valorem Tax purposes. The fees shall will apply to all government properties, to the full extent permitted by the constitutions of the United States and the State of California, including developed parcels of the City of Palo Alto, City-owned buildings and parks, but excluding public streets and highways. b. Undeveloped Parcels: Stormwater managementStorm drainage fees shall will not be levied against undeveloped parcels that have not been altered from their natural state as defined herein under “Impervious Areas.” c. Parcels That Do Not Use The City’s Storm Drainage Facilities: Developed parcels that (i) have their own maintained storm drainage facility or facilities, and which do not utilize City Storm Drainage Facilities or (ii) which make no substantial contribution of Storm or Surface Water to the City’s Storm Drainage Facilities shall will be exempt from the fee. Developed parcels that have a portion of their impervious area within City of Palo Alto shall will be charged only for that portion of impervious area which is in the City of Palo Alto. Developed parcels that drain partially into an area outside the City of Palo Alto shall will be charged only for that portion of impervious area that drains into the City of Palo Alto or City Storm Drainage Facilities. The City of Palo Alto has calculated the stormwater management storm drainage fee for each parcel based on information available to the Public Works Department as to the amount of impervious area for the parcel, as well as other relevant SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective date 11-1-2016 Sheet No 7 information regarding the parcel. However, it is the intent of the City of Palo Alto that no fee will shall exceed the proportional cost of Services attributable to the parcel. Therefore, a parcel owner has the right, through the Administrative Review process following, to request a proportional reduction in the stormwater management storm drainage fee if the owner believes that the parcel contributes less water to the City's Storm Drainage Facilities or uses fewer storm or surface water treatment Services, notwithstanding the amount of the parcel's impervious area. 9. ADMINISTRATIVE REVIEW a. Any Person who owns or pays the stormwater management storm drainage fee for a developed parcel and who disputes the amount of any stormwater management storm drainage fee for the parcel, or who requests a deferred payment schedule therefor may request a revision or modification of such fee from the City Engineer or his/her designee. b. The Person seeking Administrative Review shall must make such request in writing. pursuant to Rule and Regulation 11 Section H. The request for Administrative Review must be signed by the property owner. The City Engineer or his/her designee shall will conduct the review. c. The City Engineer or his/her designee shall will review the request and all data and documentation deemed by the City Engineer or his/her designee to be relevant to the request, and shall make a final written determination as to whether the fee for the parcel exceeds or is lower than the proportional cost of the service attributable to the parcel, or whether the . If the City Engineer determines that the fee is proportional to the cost of service, and no adjustment shall be madeis required. If the City Engineer or his/her designee determines that the fee exceeds or is lower than the proportional cost of service, the City Engineer or his/her designee will include the amount of the adjusted fee shall be adjusted accordinglyin his/her final written determination. The correction will be reflected on the bill in a subsequent Billing Period. (END) ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 1 A. APPLICABILITY This Rule and Regulation is applicable to any City of Palo Alto Utilities (“CPAU”) Customer eligible to participate in CPAU’s NEM 1 Program, and/or Net Energy Metering Successor Program ( “NEM 2”), as applicable, via the use of a Generating Facility, not to exceed 1 MW, located on the Customer’s owned, leased, or rented premises within CPAU Service territory that will operate in parallel with the CPAU Distribution System. B. SCOPE Notwithstanding the NEM-specific requirements set forth in this Rule 29, CPAU Rule and Regulation 27 (Generating Facility Interconnections) also describes the Interconnection, Metering and operating requirements for all Generating Facilities to be connected to the CPAU Electric Distribution System. CPAU reserves the right to impose any requirements set forth in Rule 27 that are additional to or more stringent than those set forth in this Rule 29, including those related to billing and charges on NEM 1 and NEM 2 Customer-Generators, to the maximum extent permitted by state law (Cal. Pub. Util. Code § 2827 et seq., as the same may be amended from time to time). C. CUSTOMER ELIGIBILITY AND NEM PROGRAM INFORMATION 1. General Requirements. In order to be eligible to participate in NEM 1 or NEM 2 or NEM Aggregation, a Customer must: a. be eligible to become a Customer-Generator. b. construct, design, install, interconnect, operate and maintain a Generating Facility (or combination of such facilities) that is: i. on the Customer-Generator’s owned, leased or rented Premises, ii. of a total capacity of not more than one (1) MW (or 1,000 kW), iii. intended primarily to offset part or all of the Customer-Generator’s own Electric Service requirements, and iv. not used to sell to any third person, or otherwise provide Electric Service ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 2 to any real estate parcel, premise, or location other than those that ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 3 are the subject of the Customer-Generator’s Interconnection Agreement (IA). c. complete and provide CPAU with all required agreements, supporting documents, and any payments related to Iinterconnection. 2. NEM 1 Transition Period and System Term. a. CPAU reached its NEM Cap on Dec 31, 2017. b. New eligible Ccustomers may opt to participate in CPAU’s Net Energy Metering Successor Program, NEM 2. c. Current NEM 1 Customer-Generators will remain eligible to participate in NEM 1 and take Service under Utilities Rate Schedule E-NSE-1 (Net Metering Net Surplus Electricity Compensation), in conjunction with their otherwise applicable Rate Schedule, and subject to the requirements and Charges set forth in Section D, through a period of twenty (20) years from the original date of Interconnection of the eligible Generating Facility, or through a period equal to the term calculated in Section (C)(32)(ad) or (C)(3)(b) as applicable, if the Customer-Generator has increased their system capacity. d. NEM 1 Customer-Generators who expand their systems will have a revised NEM 1 term,Increased NEM 1 System Capacity after Dec., 31, 2017 and System Term based on their system expansion date, . e. d. as calculated in this Section 2(ad) or (C)(3)(b) as applicable. After the revised term ends, these Customer-Generators are ineligible for NEM 1, but may transition to NEM 2. i. CPAU will determine the revisedRevised system term formula for NEM 1 Customer-Generators who increased their system capacity on or before Dec., 31, 2017, based on the following formula: New remaining NEM 1 Term = (Original system’s remaining NEM 1 term) x (Original system size in kW/ New total system size in kW) + 20 ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 4 years x (system size of the addition in kW/ New total system size in kW) The original system’s remaining NEM 1 term = 20 years minus the number of years the system has been Interconnected. ii. RCPAU will determine the revised system term for NEM 1 Customer-Generators who increase their system capacity after Dec., 31, 2017, based on the following formula: New remaining NEM 1 Term = (Original system’s remaining NEM 1 term) x (Original system size in kW/ New system size in kW). The original system’s remaining NEM 1 term = 20 years minus the number of years the system has been Interconnected. f. NEM 1 Customer-Generators who expand their systems will have a revised NEM 1 term as calculated in Section (C)(3)(a) or (C)(3)(b) as applicable. After the revised term ends, these Customer-Generators are ineligible for NEM 1, but may transition to NEM 2. 3. Additional Requirements for NEM 1 Aggregation. In addition to those eligibility requirements set forth in Section (C)(1), a NEM 1 Customer-Generator with multiple Meters on the Customer- Generator’s property parcel or adjacent parcels is only eligible to participate in the NEM Aggregation program under the following conditions: a. the Customer-Generator elects to aggregate Electric Service of for the Meters located on the property parcel where the Renewable Electrical Generation Facility is located across properties adjacent or contiguous parcels, that are adjacent or contiguous with that property; and b. All all properties parcels across which the Customer-Generator elects to aggregate are solely owned, leased, or rented by the eligible Customer-Generator. 4. NEM 2. CPAU offers NEM 2 to Customer-Generators whose Generating Facilities are Interconnected after the NEM Cap has been reached, or Customers-Generators who were eligible for NEM 1 but elect to take Service under the Net Energy Metering Successor ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 5 Program. NEM 2 Customer-Generators take Service under Utilities Rate Schedule (E- EEC-1 (Export Electricity Compensation), in conjunction with their otherwise applicable Rate Schedule. ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 6 D. NEM 1 BILLING 1. General Rules a. Annual Billing via Twelve Month Settlement Twelve Month True Up Period b. A Customer-Generator's annual settlement date is At the end of each twelve-month settlement period following t::t c. d. aa. The month and day of the date of Interconnection of the Renewable Electrical Generation Facility. At the end of theeach twelve-month settlement period following the annual settlement date, CCPAU will determine whether the Customer-Generator was a Net Electricity Consumer or a Net Surplus Customer-Generator during that period.1 a. e.b. Credits for net-generated Eelectricity will be carried forward each month, to be used for future Electric Charges, until the end of the Customer-Generator’s twelve-month settlement period. f. CPAU will bill the Customer-Generator for the electricity used during that twelve- month period, whether the Customer-Generator is considered a Net Electricity Consumer or a Net Surplus Customer-Generator. g. h. CPAU will bill the Customer-Generator for the electricity used during that twelve- month period, whether the Customer-Generator is considered a Net Electricity Consumer or a Net Surplus Customer-Generator. i.a. CPAU will provide the Customer-Generator with net electricity consumption information with each monthly bill; that information will include either the current monetary balance owed to CPAU or the current amount of excess electricity produced since the last twelve-month period. For a Customer-Generator who has submitted an affirmative election, at the end of each twelve-month settlement period CPAU will provide either Net Surplus Electricity Compensation in accordance with Electric Utility Rate Schedule E- 1 For Customer-Generators with a Generating Facility Interconnection date prior to February 1, 2010, CPAU will determine the true up starting on the day after CPAU’s receipt of the Customer-Generator’s Net Surplus Electricity Election Form. ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 7 NSE-1, for any net surplus Eelectricity generated during the prior twelve-month settlement period, or bill credits resulting from net surplus E ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 8 c. Eelectricity generation to be applied against Eelectricity-related Ccharges subsequently incurred by the Customer-Generator. d. If the Customer-Generator fails to make an affirmative election to receive Service pursuant to Net Surplus Electricity Compensation, then CPAU will retain any excess electricity (expressed in Kilowatt-hours) generated during the prior twelve-month settlement period, and CPAU will not be obligated to pay Net Surplus Electricity Compensation, nor will it be obligated to allow the application of net surplus Eelectricity credits to be used against Energy charges subsequently incurred by the Customer-Generator. e. CPAU will allow a Customer-Generator to change the election option once each twelve-month settlement period, provided that the Customer-Generator provides notice to CPAU one month prior to the beginning of the new twelve-12 month settlement period. f. CPAU will provide the Customer-Generator with net Eelectricity consumption information with each monthly bill; that information will include either the current monetary balance owed to CPAU or the current amount of excess Eelectricity produced since the last twelve-month period. g. CPAU will waive standby Service Charges for backup or maintenance Electric Service, provided that the Customer-Generator qualifies for participation in NEM 1 at the applicable Service Address. j.h. If the Customer-Generator terminates their contractual relationship with CPAU, then CPAU will reconcile the Customer-Generator’s consumption and production of Eelectricity during any part of the twelve-month period following the last annual settlement and reconciliation, using the procedures as outlined in this Rule. k.a. For a Customer-Generator who has submitted an affirmative election, CPAU will provide either Net Surplus Electricity Compensation in accordance with Electric Utility Rate Schedule E-NSE-1, for any net surplus electricity generated during the prior twelve-month settlement period, or bill credits resulting from net surplus ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 9 electricity generation to be applied against electricity-related charges subsequently incurred by the Customer-Generator. l.a. If the Customer-Generator fails to make an affirmative election to receive Service pursuant to Net Surplus Electricity Compensation, then CPAU will retain any excess electricity (expressed in Kilowatt-hours) generated during the prior twelve-month settlement period, and CPAU will not be obligated to pay Net Surplus Electricity Compensation, nor will it be obligated to allow the application of net surplus electricity credits to be used against Energy charges subsequently incurred by the Customer-Generator. m.a. CPAU will allow a Customer-Generator to change the election option once each twelve-month settlement period, provided that the Customer-Generator provides notice to CPAU one month prior to the beginning of new 12 month settlement period. 2. Monthly Billing a. Rate schedule E4 and E7 Medium and large Ccommercial Customer-Generators taking Service under Rate schedule E4 and E7’ will be billed on alances are due to CPAU on a monthly basis. b. Except as annual billing is provided for in this Rule 29, rResidential and small commercial Customer-Generators will be billed on a monthly basis monthly basis, but may request annual billing. c. CPAU will waive standby Service Charges for backup or maintenance Electric Service, provided that the Customer-Generator qualifies for participation in NEM 1at the applicable Service Address. Net Surplus Customer-Generator’s credits will be carried forward each month, to be used for future Electric Charges, until the end of the Customer-Generator’s Twelve Month settlement period. CPAU will bill the Customer-Generator for the electricity used during that twelve- month period, whether the Customer-Generator is considered a Net Electricity ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 10 Consumer or a Net Surplus Customer-Generator. 3. Annual Billing a. Customers may request annual billing. ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 11 b. Bill payment will not be considered delinquent, unless the Customer-Generator does not pay a final billing statement within twenty (20) days of the date of issuance of that final billing statement. c.b. For annually billed residential or small commercial Customer-Generators, the net balance of money owed to CPAU will be carried forward until the end of the twelve- month period. d.c. To accommodate annual billing, a Customer-Generator’s Electricity Service may be transferred to a separate Utility Account so as not to interrupt monthly billing for other recurring Utility Services. 4. Additional Billing Rules Applicable to NEM 1 Aggregation Program Customers a. For each monthly billing period, CPAU will determine the amount of Eelectricity generated from the Aggregation Customer’s Generating Facility during that billing period on a per kWh basis. b. CPAU will total the Aggregation Customer’s Eelectricity consumption for each Beneficiary Account to determine the kwWh energy credits generated from the Generating Facility, per the Customer’s Interconnection Agreement. c. CPAU will allocate to each Beneficiary Account a portion of the Generating Facilities’ energy equal to that Beneficiary Account’s relative share of the Aggregation Customer’s total usage for the applicable billing period. d. CPAU will allocate the total amount of energy produced by a Generating Facility in each billing period. e. The billing for Beneficiary Accounts will be the same as billing for NEM 1 Customer-Generators, with the restriction that no Beneficiary Account is eligible for Net Surplus Electricity Compensation in accordance with Electric Utility Rate Schedule E-NSE-1, but may only carry forward energy credits. E. BILLING FOR NEM 2 BILLING ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 12 1. CPAU will provide Export Electricity Compensation in accordance with Electric Utility Rate Schedule E-EEC-1 (Export Electricity Compensation). NEM 2 billing shall occur as per the Utilities Rate Schedule (E-EEC-1 (Export Electricity Compensation) 2. Monthly Billing: a. CPAU shallwill measure during the Bbilling Pperiod, in kilowatt-hours, the energy imported and exported after the Customer-Generator serves its own instantaneous load. b. CPAU shallwill bill the Customer-Generator consumption charges for the energy imported from CPAU based on the Customer-Generator’s applicable Rrate Sschedule. c. In the event the energy generated exceeds the energy consumed, and therefore energy is exported to CPAU, the Customer will receive a credit for all energy exported to CPAU at the E-EEC-1 (Export Electricity Compensation) buyback rate. 3. Unlike NEM 1, there are no Twelve12-month true-settlement periodup and annual billing provisions are not available for under NEM 2. E.F. APPLICATION AND INTERCONNECTION PROCESS ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 13 1. Application Process CPAU will process a request for the establishment of NEM 1 and NEM 2 Service and Interconnection from the Customer within the time period not exceeding that for Customers requesting new Electric Service; provided, however, that such time period will not exceed thirty (30) days from the date of (1) receipt of a completed Application form for Net Energy Metering Service and Interconnection from the Customer, (2) Electric inspection clearance from CPAU, and (3) building inspection clearance from the City of Palo Alto Building Inspection Division. 2. Interconnection Process The Customer will be required to sign either an Interconnection Agreement, as applicable, or an agreement containing substantially the terms and conditions of the above referenced agreements, and agree to be subject to applicable safety and design standards, Utility Rates and Charges and Utility Rules and Regulations in order to be eligible for NEM 1 and NEM 2 Service provided by CPAU. All necessary forms and agreements for NEM 1 and NEM 2 Service are available for download from CPAU’s website. F.G. METERING ATTACHMENT R NET ENERGY METERING SERVICE, BILLING AND INTERCONNECION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 69-279-20162019 Sheet No 14 1. NEM 1 or NEM 2 may be accomplished by using a single Meter capable of registering the flow of electricity in two different directions. If the Customer-Generator’s existing Meter is not capable of measuring the flow of electricity in two directions, then the Customer- Generator will be responsible for all expenses involved in purchasing and installing a Meter that is able to measure electricity flow in two directions. 2. (END) An additional Meter to monitor the flow of electricity in each direction may be installed with the consent of the Customer-Generator, at the expense of CPAU. The additional Meter will be used only to provide the information necessary to accurately bill or credit the Customer-Generator and/or to collect Generating Facility performance information for research purposes. TO: FROM: DATE: rn CITY OF PALO ALTO HONORABLE CITY COUNCIL DEAN BATCHELOR, DIRECTOR OF UTILITIES SEPTEMBER 09, 2019 4 SUBJECT: AGENDA ITEM NUMBER 4-Adoption of a Resolution Amending Utilities Rules and Regulations 2 {Description and Abbreviations), 3 (Description of Utility Services), 4 (Application of Service), 7 (Deposits), 8 (Access to Premises), 9 (Disconnection, Termination and Restoration of Service), 13 {Shortage of Supply and Interruption of Service), 15 (Metering), 16 {Line Extension), 18 (Utility Service and Facilities on Customer Premises), 20 (Special Electric Utility Regulations), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations), 23 (Special Wastewater Utility Regulations), 24 (Special Refuse Service Regulations), 25 (Special Storm and Surface Water Drainage Utility Regulations), and 29 (Net Energy Metering Service, Billing and Interconnection) Attachment C: Rules and Regulations 3 (Description of Utility Services) added the language "and replacement'' on page 3, section 3 (Equipment Requirements), paragraph 1. The addition pre- dated the current ongoing discussions involving the Green Acres neighborhood. Staff should have removed this amendment from consideration, but inadvertently missed it. We sincerely regret this and thank residents for catching the error. See redacted language attached Dean Batchelor Director of Utilities Department 0-~---- Ed Shikada City Manager 1 of 1 ATTACHMENTC _________________ DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 A. GENERAL Rule and Regulation 3 describes Services that are offered within the jurisdictional boundaries of the City of Palo Alto. For Rules specific to each type of Service, please refer to the following Rules and Regulations: Rule and Regulation 20 -Special Electric Utility Regulations Rule and Regulation 21 -Special Water Utility Regulations Rule and Regulation 22 -Special Gas Utility Regulations Rule and Regulation 23 -Special Wastewater Utility Regulations Rule and Regulation 24 -Special Refuse Service Regulations Rule and Regulation 25 -Special Storm and Surface Water Drainage Utility Regulations Rule and Regulation 26 -Special Fiber Optics Utility Regulations B. ELECTRIC SERVICE 1. BASIS OF SERVICE a. Unless otherwise provided in a Rate Schedule or contract, CP AU' s Electric rates are based upon the furnishing of Electric Service to Customer Premises at a single Point of Delivery at a single voltage and phase classification. Unless specified otherwise, each Point of Delivery sha+l-will be metered and billed separately under the appropriate Rate Schedule. Any additional Service supplied to the same Customer at other Points of Delivery or at a different voltage or phase classification ~will be separately metered and billed. b. The type of distribution Service (voltage, Secondary, Primary) available at any particular location may be determined by inquiry to a CPAU Engineering representative. e. d. The Customer is responsible for the installation of all equipment from the facility to the designated Point of Service. For underground systems, this includes conduit and conductors. For overhead systems, because the Point of Service is the weatherhead or point of attachment to the facility, this includes the mast or riser and all conductors therein. When the City replaces a Service, the Customer is obligated to accept a shutdovm CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-9~-20126 Sheet No 1 ATTACHMENT C DESCRIPTION OF UTILITY SERVICES --------------------- RULE AND REGULATION 3 of Utility Service during regular working hours. The time of the shutdown shall be agreed upon as mutually acceptable. When, for the convenience of the Customer, the shutdown is during other than regular -..vorking hours, it shall be done entirely at the Customer's eJ(pense. The Customer shall pay the entire cost of the overtime labor, not the incremental cost. ~· If the Customer, for his or her convenience, requests Secondary or Primary Services at an alternate Point of Delivery other than the normal Point of Delivery as determined by CPAU, the Customer tS-will be responsible for all cost~ of providing Secondary or Primary Services at sooh-the alternate location. dfd. CPAU assumes no duty, responsibility or liability for inspecting, validating or approving the safe operating condition of the Customer's Service, appliances, or equipment downstream of the Utility Meter. ~. See Rule and Regulation 20. "Special Electric Utility Regulations" regarding special Service requirements. 2. LOCATION OF POINT OF SERVICE a. SECONDARY SERVICE 1. OVERHEAD SERVICE AT SECONDARY VOLTAGES The Point of Service for Overhead Service at secondary voltages will normally be located at a power pole on the perimeter of the parcel to be served, which is, in CPAU's judgment, most conveniently located and in compliance with CPAU standards and specifications and applicable building and electrical codes. 2. UNDERGROUND SERVICE AT SECONDARY VOLTAGE The Point of Service for Underground Service at secondary voltages will normally be located at the Secondary connectors of the transformer serving the Customer's Load, or in the Secondary hand hole, if available. b. PRIMARY SERVICE CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-9~-201.2.6 Sheet No 2 ATTACHMENT C DESCRIPTION OF UTILITY SERVICES --------------------- RULE AND REGULATION 3 The Point of Service for Primary Service will normally be at the point near the property line of the premises to be served which is, in CPAU's judgment, most conveniently located with respect to CP AU' s transmission or distribution facilities. c. EXCEPTIONS If several buildings are occupied and used by one Customer in a single business or other activity, CP AU may, at its discretion, furnish Service for the entire group of buildings through one Service connection at one Point of Service. 3. EQUIPMENT REQUIREMENTS All new and replacement equipment in underground areas required to provide Eelectric £service to a Customer shall-will be pad-mounted. In addition, any three-QP-hase Eelectric £service connection and any Eelectric £service connection rated at 400 Amps or greater than 400 Amps which is located either in an underground or overhead area must be served from a pad-mounted transformer. The Utilities Director, or his/her designee, may authorize: 1) an exception to the above provisions when, in his/her opinion, a pad-mounted equipment installation in any particular instance would not be feasible or practical or 2) installation of Eelectric £service equipment in locations with limited access by utility equipment. Such installations will be considered "Special Facilities" as defined in Rule and Regulation 20, and the Applicant will be responsible for the costs described in that Rrule and outlined in the Service Contract as described in Rule and Regulation 5. If the Applicant wants a Point of Delivery other than at the location determined by CPAU, CPAU will work with the Applicant to assist in the selection of, and must approve. the alternate Point of Delivery location for the Eelectric £service equipment within the boundaries of the Applicant's property. When the Applicant chooses a Point of Delivery location other than the location which has been determined by CPAU, the Applicant must acknowledge that such an alternate Point of Delivery location will cause CPAU personnel to incur delays when performing repairs or £service restoration during emergencies. In addition to being responsible to pay for the initial cost of installation of such Eelectric £service equipment in an alternate location, the Applicant sh&H-will also be responsible to pay for any future additional labor, equipment, and material costs CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-9~201.2.6 SheetNo3 ATTACHMENT C _________________ DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 incurred by CPAU necessary to facilitate replacement, removal, or relocation of any ;E.electric .S.service equipment which has been installed in an alternate Point of Delivery location at the Applicant's request. Any installation intended to assist in "screening" of ;E.electric .S.service equipment by landscaping or structures must be constructed in a manner which meets all of CPAU's clearance standards. The plans for such screening must be approved by the City of Palo Alto and CPAU prior to beginning work on the screening installation. The Applicant shall-must provide a Public Utility Easement in recordable form for installation of such facilities within the boundaries of the property. All pad-mounted equipment will be subject to CPA U' s aesthetic guidelines. 4. EMERGENCY AND STANDBY SERVICES CPAU may provide back:-up2 Emergency, and other Standby Service to Customers, at its sole option and discretion, as Special Facilities. Faeilities8ervices. See Rule and Regulation 20 "Special Electric Utility Regulations" regarding special Service Facilities requirements. 5. SERVICE DELIVERY VOLTAGE The following are the standard Service voltages normally available. Not all standard Service voltages are available at each Point of Delivery. These Service voltages are available in locations that already have this Service voltage and have sufficient capacity, as determined by CPAU, to serve the new Load. Any equipment installed on 120/240, 3 wire or 240/120, 4-wire Services shtill--must have the capability of converting to a 120/208, 3 wire or 208 Y/120, 4-Wire Service. a. DISTRIBUTION OF VOLTAGE Alternating-current Service will be regularly supplied at a nominal frequency of approximately 60-Hertz ( cycles per second). Single-Phase Secondary CITY OF PALO AL TO Three-Phase Secondary UTILITIES RULES AND REGULATIONS Issued by the City Council Three-Phase Primary Effective 9-9647-201.26 Sheet No 4 ATTACHMENT C DESCRIPTION OF UTILITY SERVICES ---------------------- 120/240, 3 -wire 120/208, 3-wire 240/120, 4-wire* 240, 3-wire* 208 Y/120, 4-wire 480 Y/277, 4-wire RULE AND REGULATION 3 12,470, 3-wire *Only available in special conditions as determined by the Electric Engineering Manager. b. All voltages referred to in this Rule and appearing in some Rate Schedules are nominal Service voltages at the Point of Delivery. CPA U' s facilities are designed and operated to provide sustained Service voltage at the Point of Delivery, but the voltage at a particular Point of Delivery will vary within satisfactory operating range limits. c. In areas where a certain standard Secondary voltage is being delivered to one or more Customers, CP AU may require an Applicant for new Service in such areas to receive the same standard voltage supplied to existing Customers. d. CPAU may change the voltage at which Service is delivered, including converting existing 4160 volt Primary Service to 12,470 volt Service. If CPAU notifies the Customer that a Service voltage change is necessary, the Customer will be required to provide Service equipment capable of accepting the new voltage and meeting other CPAU requirements. The Customer will bear all costs of providing suitable Service equipment to receive Service at the new voltage.Coots to provide suitable Customer's Servit:e entrance equipment and any other associated i:lquip1rnmt to receive Service at the ne1.v \'Oltage shall Ytl!.Lbe borne by the Customer. 6. VOLTAGE AND FREQUENCY CONTROL a. Under normal Load conditions, CPAU's distribution circuits will be operated so as to maintain Service voltage levels to Customers within plus or minus 5 percent of the nominal Service voltage at the Point of Delivery. Subject to the limitations above, CP AU will maintain the voltage balance between phases as close as practicable to 2.5% maximum deviation from the average voltage between the three phases. CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-2+-201.2_6 Sheet No 5 ATTACHMENT C __________________ DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 b. Voltages may be outside the limits specified above when the variations: 1. arise from Service interruptions; 2. arise from temporary separation of parts of the system from the main system; 3. are minor momentary fluctuations and transient voltage excursions of short duration which may occur in the normal operation of CPAU system; 4. are beyond CPAU's control. c. Due to conditions beyond the control of CPAU, the Customer, or both, there will be infrequent and limited periods when voltages will occur outside of the nominal Service voltage ranges. Utilization equipment may not operate satisfactorily under these conditions, and protective devices in the equipment may operate to protect the equipment. d. Where the operation of the Customer's equipment requires stable voltage regulation or other stringent voltage control beyond that supplied by CPAU in the normal operation of its system, the Customer, at its own expense, is responsible for installing, owning, operating, and maintaining any special or auxiliary equipment on the Load side of the Service delivery pointPoint of Delive1y as deemed necessary by the Customer. e. The Customer s-hal-l-will be responsible for designing and operating its Service facilities between the Point of Delivery and the utilization equipment to maintain proper utilization voltage at the line terminals of the utilization equipment. f. · The Customer shall-may not impose a Load on CPAU's system that will cause the voltage limits in this section to be exceeded for an adjacent Service delivery point. g. When there is reasonable indication of a problem, CPAU shalt-will test for excessive fluctuations at its own expense. Voltage checks requested by the Customer more than once in any twelve month period sha+l-will be paid by the Customer, unless CPAU determines that excessive voltage fluctuation exists. h. CPAU may institute measures to prevent the continuous operation of equipment detrimental to Service to other Customers or may discontinue Electric Service to the offending Customer. (See Rule and Regulation 20, Special Electric Utility CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-9~-2012.6 Sheet No 6 ATTACHMENT C _________________ DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 Regulations). i. Customers are responsible for protecting their connected Loads, audio, video, and electronic equipment, including computers, from sudden voltage or frequency fluctuations outside nominal Service and frequency ranges. Such protection may include, but is not limited to, surge protectors. 7. GENERAL LOAD LIMITATIONS a. SINGLE-PHASE SERVICE 1. Single-phase Service normally will be 3-wire, 120/240 volts (or 3-wire, 120/208 volts at certain locations as now or hereafter established by CPAU) where the size of any single motor does not exceed 7-1/2 horsepower (10 horsepower at the option of CPAU). For any single-phase Service, the maximum Service size sha+l-will be 400 ampere~, unless approved by the Utilities Director or his/her designee. If the Load exceeds the capability of a 400:.-ampere single phase Service the Service shalt-will be three-phase. 2. In locations where CPAU maintains a 120/208 volt secondary system, 3- wire single-phase Service normally shalt-will be limited to that which can be supplied by a main switch or Service entrance rating of 200 amperes. Single-phase Loads in these . locations in excess of that which can be supplied by a 200:.-ampere main switch or Service entrance rating normally will be supplied with a 208Y/120 volt, three-phase, 4-wire Service. b. THREE-PHASE SERVICE (480 VOLTS OR LESS) Normal Voltage 240/120 240 208Y/120 480Y/277 ]) CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Minimum Load Requirements 5 hp, 3-phase connected 5 hp, 3-phase connected Demand Load 75 kV A Demand Load 112 kV A Maximum Demand Load Permitted 400 Amperes 400 Amperes ~500 kVA 2,500 kV A (See Note Effective 9-9~20126 Sheet No 7 ATTACHMENT C ___________________ DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 Note 1. Applicants or existing Customers with a planned or existing single or multiple building development having a maximum Demand in excess of 2500 kV A, as determined by CPAU, will be required to take delivery at the available primary voltage and are required to provide their own primary switchgear and transformer(s). Determination of maximum Demand and Service voltage will be made by CPAU and the decision of the Electric Engineering Manager will be final. 1. Where three-phase Service is supplied, CPAU reserves the right to use single-phase transformers, connected open-delta or closed-delta, or three- phase transformers. 2. Three phase Service will be supplied on request for installations aggregating less than the minimum listed above, but not less than 3 horsepower (hp), three phase Service, where eK::isting transformer capacity is available. Three-phase Service will be supplied for installations meeting the requirements ab(weof 7(b). If three-phase Service is not readily available, or for Service to Loads less than 3 hp, Service sha-l-l--will be provided in accordance with CPAU's applicable Rule and Regulation 201 oo-Special Pov,er Service Electric Utility Rfequirements. 3. Residential [customers requesting three-phase service s4al-l-will be responsible for all labor and material costs required to provide serviceService, including the cost of the transformer. These installations are not considered "Special Facilities" as described in Rule and Regulation 20. 4. An Applicant or existing Customer requiring Service with a maximum Demand in excess of +ooG-750 kVA, as determined by CPAU, sha-l-l--will be served by a padmount transformer. No submersible or vault-installed transformers in excess of -1-000-750 kVA will be installed by CPAU. Where an existing underground Service must be upgraded beyond -WOO 750 kVA, the Customer s-h-a-1+-will be required to provide adequate space for installation of the padmount transformer. In the event the Customer is unable to provide adequate space for the padmount transformer, then the Customer s-h-a-1+-must make arrangements at his or her expense to receive Service at primary voltage. CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-R-20126 Sheet No 8 ATTACHMENT C _________________ DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 c. THREE-PHASE SERVICE (OVER 2,000 VOLTS) The following three-phase primary voltage may be available as an isolated Service for a single Applicant; and where that Applicant's Demand Load justifies such voltage. The determination will be made by CP AU. Normal Voltage 4,160 12,470 Minimum Demand Bank Installed 500kVA 1,000 kVA Maximum Demand Load Permitted 3,600 kVA 11,000 kVA Note: 4,160 volt Services will not be furnished for new Services. 8. TEMPORARY SERVICE Temporary Service is Electric Service which, tR-as determined by CPAU in its sole discretion's opinion, is of an indefinite or impermanent duration at a single location--at-the same location, or for operations of a speculative character or of questionable pennanency, or any other Service which i-5-CPAU estimate~d t&-will last less than one year. CPAU will furnish Temporary Service if the furnishing of such Service will not create undue hardship for CPAU, or its Customers, and all of the following conditions are met: __ a. ____________ ......,... __ Thc Customer is solely responsible for any and all costs of CPAU's provision or removal of Tempora1y Service. a.!h._The Applicant for such Temporary Service s-ha+l-can apply for Service on an Application form provided by CP AU Engineering and shall-must pay to CPAU in advance the cost of installing and removing any facilities necessary in connection with the furnishing of such Service by CP AU. b£. Each Applicant for Temporary Service sh-a+l-must repay a Temporary Service Fee-Charge in accordance with Electric Service Connection Fees-Charges Rate Schedule E-15. e. Nothing in this Rule and Regulation shall be construed as limiting or in any ·v1ay affecting the right of CPAU to collect from the Customer an additional sum of money by reason of the Temporal)' Sen'ice furnished or to be furnished or removed hereunder. CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-9641-201 2.6 Sheet No 9 ATTACHMENT C __________________ .DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 d. If the Temporary Service connection time exceeds one-year, the Applicant Customer must shall-apply for an extension of the Temporary Service and pay applicable feesCharges. The Director of Utilities or his/her designee will determine if the Service should be reclassified as a permanent Service. If the Applicant fails to seek obtain an extension &afor a Temporary Service that exceeds one-vear. CPAU may -disconnect the Sservice. 9. SERVICE DOWNSTREAM OF METER CP AU assumes no duty or liability for inspecting, validating or approving the safe operating condition of the Customer's Service, appliances, or equipment downstream of the Utility Meter. C. FIBER OPTIC SERVICE Fiber Optic Service includes the custom construction and licensing of single mode Fiber routes between points within the City of Palo Alto. It is the Customer's responsibility to establish all electronic devices and networks required to pass data over their licensed CPAU Dark Fiber routes. 1. LICENSING SERVICES All Dark Fiber routes are licensed in accordance with the currently approved Dark Fiber Rate Schedules, and in compliance with the Utilities Rules and Regulations. See Rule and Regulation 26, "Special Fiber Optic Utility Regulation§.," regarding special Service requirements. All CPAU fibers terminate within the jurisdictional boundaries of the City of Palo Alto. 2. OTHER SERVICES CPAU offers custom Dark Fiber construction and ancillary Services such as Fiber Optic cable splicing, engineering feasibility studies, and when specifically requested by the Customer, multimode Fiber Optic cable installations. 3. QUALITY Dark Fiber routes in the City of Palo Alto are comprised of single mode tF-F'.iber Optic CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-R-2012.6 Sheet No 10 ATTACHMENT C DESCRIPTION OF UTILITY SERVICES --------------------- RULE AND REGULATION 3 that comply complies with generally accepted industrial standards and specifications. All construction is done using industry accepted techniques and procedures. -All constructed routes are Performance Tested to assure the industry quality standards are met. D. WATER SERVICE 1. SOURCE OF SUPPLY CPAU's primary source of Water is the Retch Hetchy aqueduct system, managed by the San Francisco Public Utilities Commission (SFPUC). CP AU wells also provide Emergency supply. See Rule and Regulation 21, "Special Water Utility Regulation" regarding special Service requirements. 2. QUALITY Hardness generally varies between 1 and 4 grains per gallon depending on the source. An analysis of the mineral content of the Water is available upon request from CPAU Engineering. 3. PRESSURE Water pressure varies from 30 to 125 pounds per square inch. CPAU maintains an average of 50 pounds per square inch, with the maximum and minimum pressures being experienced at the lower and higher elevations of the Distribution System. CP AU · assumes no responsibility for loss or damage due to lack of Water pressure but agrees to furnish such pressures as are available in its general Distribution System. If low Water pressure occurs due to additional on-site development, it shal-1-will be the responsibility of the property owner to replace the existing Water Service with a new Water Service designed for the current site. All costs of the required new Service upgrade shall-will be borne by the property owner. 4. TREATMENT CPAU currently does not treat Water supplied by the SFPUC. The pH of the Water supplied is adjusted by the SFPUC to reduce its corrosive action. 5. SERVICE DOWNSTREAM OF METER CPAU assumes no duty or liability for inspecting, validating or approving the safe CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-N-20126 Sheet No 11 ATTACHMENT C DESCRIPTION OF UTILITY SERVICES ----------------------- E. GAS RULE AND REGULATION 3 operating condition of the Customer's Service, appliances, or equipment downstream of the Utility Meter. 1. TYPES OF SERVICES CPAU provides Gas supply, transportation, and Distribution Services. 2. KIND AND HEATING VALUE CPAU purchases Gas from several/variousmultiple Gas suppliers. The heating value of Gas supplied varies. The average monthly heating value in British Thermal Units (Btu)- dry basis per cubic foot of the Gas served may vary within the limits of 750 to 1150 Btu. This average heating value is converted to a Therm factor for use as one of the factors used in calculating a composite multiplier for billing purposes. The Therm factor will be based upon the heat factor used by CPAU's supplier of Gas for the preceding month. Gas is supplied by CP AU · either at standard "low pressure" or at "medium pressure". Low pressure Service is available at all points where Gas is supplied. Where available from existing high pressure mains, at the option of CPAU, high pressure Service may be supplied. However, CPAU reserves the right to lower the pressure or to discontinue the delivery of Gas at high pressure. The standard pressure for low pressure is seven inches of Water Column (WC), which is approximately 1/4 pound per square inch (psi) above atmospheric pressure. In limited circumstances, increased pressure may be provided for domestic use at 14" Water Column. This increased pressure will only be provided for domestic use if the houseline size required is greater than 2" diameter, or CPAU determines, based upon satisfactory information from the manufacturer, provided by the Customer, that an appliance to be located in the residence requires increased pressure at the inlet that cannot be obtained by resizing or relocating the houseline. Increased pressure may be provided for commercial uses only if the use of the houseline size required is greater than 4" diameter, or evidence as described above establishes that equipment on the site requires increased pressure at the inlet that cannot be obtained by resizing or relocating the houseline. For commercial uses, the available pressures are 7" WC, 14" WC ( approximately 1/2 psi), 1 psi, 2 psi and 5 psi. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-9641-2012.6 Sheet No 12 ATTACHMENT C DESCRIPTION OF UTILITY SERVICES --------------------- RULE AND REGULATION 3 All increased pressure above 7"WC requires review and approval of the Engineering Manager, a plumbing permit.,_ and testing of the existing Gas piping with a building Inspector present in accordance with the latest adopted version of the California Plumbing Code~ See Rule and Regulation 22, "Special Gas Utility Regulations" regarding special Service requirements. 3. DETERMINATION OF THERMS TO BE BILLED The unit of measure for billing is the Therm. Gas Meters measure the volume of Gas in cubic feeeet of gas (-Bc at ambient temperature and pressure conditions. Therms are derived from the metered data by subtracting the Meter reading for the previous reading cycle from the current reading. The difference ( uncorrected , f) is multiplied by the pressure factor required to convert the measured consumption volume to a standard volume (at standard temperature and pressure conditions). This standard volume, in pressure-corrected ecf, is then multiplied by the Therm factor ( a variable determined by periodic analysis of CPAU's Gas supply) to produce the final number of Therms billed. The composite correction factor (the product of the Therm factor and the pressure correction factor) is shown on bills under the heading "multiplier." 4. SERVICE DOWNSTREAM OF METER CPAU assumes no duty or liability for inspecting, validating or approving the safe operating condition of the Customer's Service, appliances, or equipment downstream of the Utility Meter. F. WASTEWATER COLLECTION AND TREATMENT 1. COLLECTION CPAU operates and maintains a Wastewater Collection System separate from the storm and surface Water Collection System. A connection to the Wastewater Collection System is required for all Wwater users where Wwastewater serviceService is available. For the disposal of Wastewater from basements and floors below ground level, it will be necessary for the Customer to provide pumps or ejectors for satisfactory drainage, as approved by the Water.._ -Gas, and-Wastewater Engineering Manager. If the elevation of CITY OF PALO AL TO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-96-4+-2012.6 Sheet No 13 ATTACHMENT C ____________________ DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 the basement floor is above the rim elevation of the next upstream manhole, Applicant shall-must provide a survey by a licensed Civil Engineer indicating the elevations of the basement floor and the rim elevation of the next upstream manhole. Submission of this survey and approval by the Engineering Manager is required for exemption from the pump/ejector requirement. 2. REGULATION Chapter 16.09 of the Municipal Code regulates the discharge into the Wastewater Collection System of substances other than domestic Wastewater. See Rule and Regulation 23, "Special Wastewater Utility Regulations" regarding special Service requirements. 3. TREATMENT The collection system transports the Wastewater to the Palo Alto Regional Water Quality Control Plant (R WOCP) for treatment. At this tertiary treatment plant, the City of Palo Alto processes the Wastewater from Mountain View, Los Altos, Los Alto Hills, Stanford University, and East Palo Alto Sanitary District, as well as its own. The treatment is performed in accordance with the National Pollution Discharge Elimination System Permit issued by the San Francisco Bay Area Regional Water Quality Control Board before the treated water is discharged into the San Francisco Bay Estuary. 4. LIMITATION OF SERVICE CPAU reserves the right to limit the size of connection and the quantity of wastes disposed and to prohibit the use of the sewer system for disposal of toxic or hazardous wastes detrimental to the Wastewater system or treatment plant. G. REFUSE SERVICE 1. REGULATION All Refuse Services are governed by Chapter 5 .20 of the Palo Alto Municipal Code, regulations promulgated by the City Manager pursuant to Chapter 5.20, these Rules and Regulations.,_ and the contract between the City and the City's Collector. See Rule and Regulation 24, "Special Refuse Service Regulations" regarding special serviceService requirements. 2. REFUSE COLLECTION CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 9-9641-201 .2.6 Sheet No 14 ATTACHMENT C __________________ DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 Refuse Service is provided to all Customers by the City's Collector. Customers shall must subscribe !Q_and pay for Refuse Service and for a number of Ceontainers to hold all Solid Waste created, produced or accumulated at or on their Premises during a one-week period, unless a different frequency for a collection schedule has been approved or directed by Public Works. Each Customer shal-l--will receive collection Services on a specified day of each week and use the City Collector's provided Containers for serviceService. Customers wanting to supply their own container must check with the City Collector to ensure compatibility with the collection vehicles. The automatic standard serviceService for Solid Waste Service Charge is one 32-gallon ~eontainer for Residential Service and one 64-gallon Ceontainer for Commercial Service. All ~eustomers may change serviceService levels to meet their refuse needs as specified above. Solid Waste in excess of the Service Charge subscribed by the Customer will be removed by the City's Collector for an additional Charge upon Customer request or notification. Customers exceeding their subscribed Service are required to subscribe to additional collection Services at the City-established rates. H. STORM AND SURFACE WATER DRAINAGE 1. RESPONSIBILITY AND PURPOSE The City of Palo Alto Public Works Department is responsible for all Drainage Facilities in the street and public right of way that collect .S.storm and .S.surface Water and convey it to the major channels and creeks within the jurisdictional boundaries of the City of Palo Alto. Examples include curbs and gutters, catch basins, pipelines, culverts, street, channels and pumping stations. The purpose of the Storm and Surface Water control facilities is to improve the quality of control, or protect life or property from any storm, flood or surplus waters. See Rule and Regulation 25, "Special Storm and Surface Water Drainage Regulations," regarding special Service requirements. 2. STORM DRAINAGE FEE A Storm Drainage fee sllall-will be payable to the City monthly by the owner or occupier of each and every developed parcel in accordance with Rule and Regulation 25. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council (END) Effective 9-964'.7--201.2_6 Sheet No 15 Brettle, Jessica From: Sent: To: Subject: Attachments: Alex Chite Liu <alexliu@stanford.edu> Tuesday, September 3, 2019 7:19 PM Council, City Remove Item 4 from Sept 9 agenda -underground utilities Kent Mitchell's UAC Letter April 9 Meeting-Agenda IX-1.pdf; MMs Letter 4 to City Council.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. To: Palo Alto City Council Briefly, the Green Acres neighborhood of Palo Alto paid out of pocket in the 1970s to have all our utilities moved underground. Indeed, it seems to be a general goal of the city to underground utilities when possible. Things have gone very smoothly, and our equipment is up for routine renewal, but CPAU now wants to move much of the equipment from underground to above ground (PAD mount). Our neighborhood has been vehemently protesting the absurdity of CPAU's proposal, and we have retained an attorney to represent us (see attached) This past April the Utilities Advisory Commission {UAC) admonished CPAU for trying to steamroll the changes and directed the CPAU to take the matter to City Council for guidance. 1. CPAU has totally ignored the UAC directive to ask for guidance from Council to find a solution to our unique situation. 2. CPAU is looking to "pull a fast one" on us AND on the City Council by burying an important change in wording among other changes to their Rules and Regulations. Buried in the wording is a directive that the ONLY option available for new or replacement must be above ground. This change is tucked in with a host of other little changes in an attempt to get a blanket approval from the City Council while escaping from any public review discussion. 3. CPAU has made this move without any opportunity for public input. 4. We ask that Item 4 be removed from the Consent Calendar, and the matter be given an open and public discussion by the City Council 5. The overwhelming majority in our neighborhood want to keep our equipment underground, as this has already been conferred and paid for by the residents decades ago. Attached: Letter from attorney Kent Mitchell, who the neighborhood has retained to represent us Letter from resident Michael Maurier giving more details. 1 Thank you for your kind attention Alexander Liu, MD 2 JORGENSON, SIEGEL, McCLURE & FLEGEL, LLP ATTORN.EYS AT LAW WILLIAM L. McCLURE JOHN L. FLEGEL DAN K. SIEGEL DIANE S. GREENBERG JENNIFER H. FRIEDMAN MINDIE S. ROMANOWSKY DAVID L. ACH GREGORY K. KLINGSPORN NICOLAS A. FLEGEL KRISTINA A. FEN°TON CARA E. SILVER JENNIFER A. BEYERS KIMBERLY B. SAMEK D. ADAM LAZAR Utilities Advisory Commission City of Palo Alto 400 Hamilton Avenue Palo Alto, CA 94301 1100 ALMA STREET, SUITE 210 MENLO PARK, CALIFORNIA94025-3392 (650) 324-9300 FACSIMILE (650) 324-0227 www.Jsmf.com April 6, 2019 RE: Commission Meeting April 9, 2019: Agenda Item IX.1-Amendment Rule 20 Dear Commissioners: OF COUNSEL KENT MITCHELL LEIGH F. PRINCE RETIRED JOHN D. JORGENSON MARGARET A. SLOAN DECEASED MARVIN S. SIEGEL (1936 -2012) JOHN R.COSGROVE (1932 -2017) In or about 1965 the City adopted a City wide policy for removal of above ground telephone poles, electrical and telephone wires and replace them with underground service facilities. Our clients, Michael Maurier, 646 Fairmede Avenue, Joan Lee, 4220 Los Palos Avenue and Winston Lee, 651 Fairmede Avenue, are homeowners in the Greenacres I neighborhood. Since 1972-73, all of the telephone and electrical service facilities serving their homes have been located underground. Our clients' position is that these underground facilities in their neighborhood, which are City owned facilities, should stay there and be maintained as such by the Utilities Department as a City wide utilities expense. This is not a situation where a special undergrounding privilege is being conferred, but rather one where that privilege already has been conferred and paid for. Additionally it is not a situation where a developer in connection with new construction wants the benefits of undergrounding and must pay for them, or a situation where the residents of the Greenacres I neighborhood have made some "election" to pay extra cost to continue their right to keep their existing underground facilities. These are existing underground facilities that have already been paid for by our clients and their predecessors and unconditionally accepted by the City with no limitations. In 1972, 54 of the 77 property owners in the Greenacres I neighborhood petitioned the City to underground their telephone and electrical facilities in order to enhance the aesthetic appearance of their neighborhood, i.e. an open, less cluttered appearance with no poles, telephone and electrical wires visible above ground. Unlike property owners in Greenacres II who did not want to contribute to the cost of such undergrounding benefits for their neighborhood, the majority of Greenacres I property owners were willing to vote affirmatively to lien their property, i.e. contract with the City, to receive the property value enhancements and benefits undergrounding provides. 1 The proposal to establish Underground District No. 15 for Greenacres I first came before Council in early 1972. At that time two Resolutions were unanimously adopted: Res. Nos. 4566 establishing such District and 4566 entitled "INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS-GREEN ACRES I UNDERGROUND CONVERSION". Warren Devere!, then the Managing Director of Utilities for the City, indicated that 40% of the cost would be paid by property owners in consideration of the City paying the other60%. Thereafter, on April 10, 1972, the financing was revised by further resolutions. The City agreed to pay 75% and the property owners 25% of the cost of undergrounding, and left the additional costs of underground connections to each homeowner's improvements to be paid for by those homeowners. The 25% share to be paid by Greenacres I owners for the right to have such underground facilities, in 1972 dollars, was approximately $43,000, roughly the equivalent of $286,000 in 2019 dollars per CPI index increases between 1972 and 2019. When the Llndergrounding was approved and completed, there was no discussion or indication that this undergrounding privilege was not permanent. Nor was there any indication whatsoever that the City Utilities Department might not be willing to maintain and repair such facilities after they were installed. Instead it ·was clear from the actions taken and resolutions adopted by Council that the City would accept ownership of such underground facilities, with the reasonable and customary expectations that the City would maintain and repair them as such, spreading the cost evenly to arr property owners in the City, as it does for other City owned facilities, such as roads, drainage facilities, sewer facilities, and even overhead facilities in other neighborhoods of the City. it was eminently reasonable for Greenacres I owners to expect the same for their undergrounded facilities, given that they paid a substantial sum for such undergrounding privileges and property benefits in the first instance. It is also clear that the undergrounding was touted by the Council, the Utitlities Department and the Greenacres I owners as improvements expected to enhance property values. In his report.to Council at the April 10, 1972, meeting, Mr. Devere! noted "that all properties [ in the Greenacres I neighborhood} will benefit from the undergrounding utility district, and that these benefits will take the form of improved aesthetics, improved street lighting and improved reliability." In support of Council's April 1972 Resolution No. 4580 to overrule a few protests to such undergrounding, Councilman Berwald "noted that previous undergroundirig projects have upgraded the neighborhood in other areas of the City." At the same meeting, Greenacres I proponents of"the undergrounding indicated they "were . desirous of seeing the neighborhood improved by joining in the undergrounding effort." From these comments it is evident that the primary motive of Greenacres I owners in agreeing to pay a substantial share of the costs for enhancements to their property values afforded by undergrounding was the improved.aesthetics of removing unsightly poles and overhead electrical and telephone wires from their neighborhood by such undergrounding. Now, the same Utilities Department that promoted such property value enhancements of undergrounding to get owners to pay for them is asking the UAC to recommend to Council that it require such owners to pay again (and in the future years yet again) for the privilege of retaining the aesthetic ~nd value enhancement benefits of undergrounding which they have already paid for in full. In summary, the position of our clients is that they or their predecessors in interest purchased the right to have underground facilities in their neighborhood, the right to have the City and its Utilities Department maintain those facilities at the City's cost, and that it would be unlawful and a violation of their rights for the City to charge them for the perceived extra cost of maintaining underground facilities 2 as compared to above ground facilities. It would also be a severe breach of good faith and fair dealing for the City'to do so because of its desire to save maintenance money, and thereby deny our clients the financial and aesthetic benefits of undergrounding they contracted and paid for in full. Please make this letter a part of the public record of your hearing on this matter on April 9, 2019, and at any future public hearings related to the matter before you on the Agenda Item referenced above. Very truly yours, /y;J-Y)JdJ! KENT MITCHELL 3 April 9 Special City Council Meeting September 91h, 2019 Re: Agenda Item: Consent Calendar Number 4 'Adoption of a Resolution Amending Utilities Rules ... ' Palo Alto City Council Members: I have just received the City Council agenda notice for Monday September 9. https ://www .ci tyofpaloal to .org/ci vicax/fi lebank/blobd1oad.aspx?t=43 l 04 .44&8 loblD= 7 3 200 Please exercise your option to remove Consent Calendar item 4 'Adoption of a Resolution Amending Utilities Rules' from the agenda pending further public notice and public hearing and discussion of its various aspects, impacts and implications for Green Acres One ·and for Palo Alto as a whole. The CPAU have simply changed their "Rules" after the fact and appear to be trying to hide/steamroll changes relevant to our Green Acres One High Voltage Electrical systems issue in a barrage of 17 highly varied Consent Calendar items which will be given a collective total of 5 minutes worth of pro forma consideration before being voted upon -unless three council members request the Consent Calendar item's removal. Our Green Acres One high voltage electrical utilities issue has been in time-consuming and expensive contention for 1.5 years. · Our residents had been given to understand at the April 9 Special UAC meeting, the last time our Green Acres One electrical utilities issue was on the UAC agenda that the UAC commissioners had requested and expected the CPAU to take this topic to the City Council for further discussion of our neighborhood's unique circumstances and, in particular, open public discussion of the various Palo Alto electrical district's options to retain their various electrical equipment configurations -including fully underground electrical systems. This issue has NOT been resolved and is a matter of significant public concern. It merits and requires full, detailed public notice and a thorough public hearing. The unique circumstances of the Green Acres One electrical system have been under discussion · for 1.5 years, have been the subject of several meetings between representatives of Green Acres One and representatives of the CPAU staff, have been an agenda item in a number of UAC meetings, and have generated a large amount of related documentation and UAC meeting minutes -none of which has been provided to or brought to before the City Council and thereby the concerned and affected public for review. The resolution of our Green Acres One issue will certainly affect 11 or more Palo Alto utilities districts whose electrical services are apparently already fully undergrounded -several of them in Crescent Park, Barron Park, and some in some of the industrial parks -and will undoubtedly set precedents for the city's various utilities undergrounding programs as a whole. (The CPAU has been reluctant to disclose exactly which districts are going to be affected as their systems are slated for replacement.) At the April 9 meeting it became apparent that the CPAU's proposed scheme for forcing Green Acres One -which has bought and paid for its fully underground and for other districts which may request that they retain their underground systems, or otherwise ask for variations or exceptions to pad-mounting -to pay for whatever overages the CPAU claimed would be required for such fully underground systems -was entirely unrealistic, wholly unworkable and unacceptable. During this same April 9 meeting it also became apparent that, according to the CPAU's responses, that the CPAU's billing and accounting systems were obsolete, inflexible and unworkable for such purposes. April 9, 2019 UAC Meeting Agenda http://cityofpaloalto.org/civicax/filebank/documents/70083 Since the April UAC meeting, the UAC has had a Rolling Agenda item to be presented to the City Council that read: "District Option to Retain Underground Electrical Equipment (Green Acres)" The CPAU has never offered any public notice or warning that underground equipment would someday most likely become pad-mounted. I believe that the city is required to give clear prior notice to those affected when it intends to make changes of this order of magnitude. No one in any of the districts that have fully underground transformers, switches and wiring ever realized that their systems would eventually become pad mounted. Most have probably had no real idea where their high voltage equipment is located or what a pad-mounted system is. It also is apparently the case that most if not all the districts with overhead (pole-mounted) systems have been unaware that their electrical service utilities are going to be undergrounded (wiring moved into in underground runs and pad-mounted transformers and switches installed above ground on selected frontages. Nor have most if any of the targeted residents apparently been aware that they are likely to be liable for hefty assessments for such changes -until they receive notice of such projects -and related invoices for same. Instead or bringing this issue to the City Council for open discussion and community engagement and input, the CPAU has clearly decided to try to escape from any further public notification and engagement on the issue or any further review and discussion of possible options and to mandate pad-mounting as the only available option for all new OR replacement systems. Thus trying to deny anyone (including those that will be impacted by this change) any further say in the matter. Rule 3 The most immediate problem with the Rule change proposed in this Consent Calendar item occurs in "Utilities Rule and Regulation 3 (Description of Utility Services) The proposed changes are marked in bold face: "All new and replacement equipment in underground areas required to provide Electric Service to a Customer (shall-deleted) will be pad-mounted. In addition, any three-Phase Electric Service connection and any Electric Service connection rated (at 400 Amps or-deleted) greater than 400 Amps which is located either in an underground or overhead area must be served from a pad- mounted transformer." In its bland summary of the changes for "Utilities Rule and Regulation 3 (Description of Utility Services) the CPAU staff note reads: "The recommended amendments to Rule 3 offer minor edits to aspects of electric service and equipment requirements." Which is obviously not the case given the 1.5 years of contention over this issue. And ~he precedents that may be established for future replacements in various Palo Alto electrical districts -whether fully undergrounded or not. The CPAU has pursued this Consent Calendar steamroller approach: -Without acknowledging or addressing the issues raised by our property owner's purchased-and- paid for fully underground systems in Green Acres One. Green Acres One property owners, paid to have their wiring, transformers and switches all placed FULLY underground. They are invested in our system and thus are partial owners. This is a documented fact. The CPAU and those that support their position are taking away something that Green Acres one residents OWN. This crucial point is clearly spelled out in the following letter from the Green Acres One attorney, Mr. Kent Mitchell, which was submitted to the UAC prior to the April 9 meeting. (Mr. Mitchell's April 6, 2019 letter is attached as a PDF) Rule 20 Rules and Regulations 20 Attachment L, Section J -Special Facilities will also be changed if this Consent Calendar item is approved. The CPAU has been more or less steadily trying to make their Special Facilities designation/formula (apparently designed for exceptions to the removal of electrical systems from poles) apply to our neighborhood. The CPAU tries claim that our neighborhood has somehow been or should be applying to them for a Special Facility exception. Green Acres One residents have never applied for a Special Facility exception. Green Acres One residents have bought, paid for and OWN their existing system and have been steadily insisting on receiving clear details on systems alternatives and estimates and options on how to keep their system fully underground. The CPAU is pursuing this Consent Calendar steamroller approach: -To specifically ignore and undermine Green Acres One's unique fully underground high voltage systems ownership circumstances and undermine their efforts to retain their fully underground electrical systems. -Without informing, engaging or otherwise involving the city districts whose electrical systems will be affected by this rule change of the implications of this Rules change. -Without exploring and developing realistic, workable options to permit such districts as wish to keep their systems fully underground mechanisms or seek alternatives to pad-mounted systems to do so. -Without any review of the city's sporadic, uncoordinated, uneven 30+ years old electrical "utilities undergrounding program." Which is aimed at getting overhead electrical lines and systems off poles -getting the wiring underground ... and doing something else, perhaps including pad mounting, with the switches and transformers. Please exercise your option to remove Consent Calendar item 4 'Adoption of a Resolution Amending Utilities Rules' from the agenda pending further public notice and public hearing and discussion of its various aspects, impacts and implications for Green Acres One and for Palo Alto as a whole. Thank you, Michael Maurier Green Acres One Resident and Property Owner Brettle, Jessica From: Sent: To: Nancy < nstein@sonic.net> Tuesday, September 3, 2019 8:48 PM Council, City Subject: Item 4 on the Consent Calendar/Green Acres I CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear City Council members, CPAU is proposing that you adopt recommendations amending Utilities Rules and Regulations in your packet on Sept. 9th. I and many of my neighbors are asking that you do NOT approve these changes until there has been sufficient public discussion about their impact. Specifically, the introductory summary of all the Rules and Regulations describes Rule 3 as needing only "minor edits" (pg. 19). That edit is anything but "minor" to our Green Acres I neighborhood. For about a year and a half, we have been attending UAC meetings to present our case: Green Acres I neighborhood has all electric utilities underground. In 1972, our neighborhood was assessed fees for placing transformers and switches underground. The city paid for all the electric wires to be placed underground, but if we also wanted all our transformers and switches placed underground, the city was requiring Green Acres I to pay for that service. Our neighborhood agreed to the terms, and it was the understanding of neighbors that this installation was permanent. Over the many decades, there have been no warnings or demands of any additional payments for future upkeep and/or replacement. Due to the fact that Green Acres I paid to have transformers and switches installed underground, we expect to continue to retain them there. Therefore, it was a shock to us to learn that not only did CPAU want to pad mount all our transformers and switches in Green Acres I, these boxes were to increase in size and be placed prominently at the front of the designated properties. Through our attendance of UAC meetings and discussions with CPAU, we learned that CPAU pointed to Rule and Regulation 3 as key to their authority and right to pad mount our equipment. Furthermore, in an exchange of emails with CPAU, we learned that this Rule 3 was changed in 1996 and also amended at different times since then. We were told that "standards have evolved." However, we were never informed. Indeed, the 1996 change does not address our situation and is open to interpretation. Most likely, the intent in 1996 was not to affect our neighborhood. There were no objections and/or questions at the city council meeting at that time. That speaks volumes that there were no discussions pertaining to how this reversal in policy, if indeed that were the intent, would affect neighborhoods who have underground equipment to change to pad mounts. However, the current so called "minor edit" is the word "replacement," and this final edit is the one that will aversely affect our neighborhood and targets districts with underground equipment. This is being done without ever notifying affected districts of this major reversal in policy, and this is counter to UAC's counsel. Furthermore, at the last UAC meeting, the commissioners instructed CPAU to openly discuss our concerns first before taking any action. Despite the fact that we are on the City Council's Rolling Calendar for this month listed there as "District Option to Retain Underground Electrical Equipment (Green Acres), CPAU is ignoring the instructions of the UAC and the requests of Green Acres neighbors to first have this topic openly discussed and addressed at City Counsel before any action is taken. Please remove Item 4 from the Consent Calendar. Sincerely, · Nancy Steinbach 1 Brettle, Jessica From: Sent: Ning Mosberger-Tang <ning.mosberger@gmail.com> Tuesday, September 3, 2019 8:53 PM To: Council, City Subject: Regarding Green Acres 1 Utility Placement CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear Palo Alto City Council Members: I am a homeowner in Green Acres 1. I'm writing to request the following item to be removed from the Consent Calendar: Special City Council Meeting September 9th, 2019 Consent Calendar Number 4 'Adoption of a Resolution Amending Utilities Rules .. .' A few years ago, we invested a lot of time and resource to design and build a house that will blend into the surrounding environment. We are strongly against CPAU's plan to move the switches and transformers above the ground in our neighborhood. It'll. be aesthetically devastating with potential negative impact on the property value. We're also concerned about health issues for our children due to EMF radiation and noise pollution with a close proximity to an above ground switch box. The neighborhood invested in our underground system early on -the cost of which already factored into the price we paid for the property -and I think it's unfair to replace that with an above ground system without neighborhood consent. We have learned that CPAU has ignored neighborhood input as well as the UAC directive for them to ask for guidance from Council on this matter. Instead, they're trying to sidestep the scrutiny of the City Council through the Consent Calendar item listed above. Please stop CPAU's egregious behavior by removing the.item from the Consent Calendar. Thank you! Ning Mosbarger-Tang 647 Glenbrook Dr. 1 Brettle, Jessica From: Sent: To: Subject: NTB <aarmatt@gmail.com> Tuesday, September 3, 2019 9:26 PM Council, City City Council Meeting, September 9: Regarding Consent Calendar Item 4 -CPAU changes to Rules and Regulations CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear Mayor Filseth and Council Members, Based on the directive given by the UAC to the CPAU at their April 9, 2019 meeting, I, along with many of my fellow residents in GreenAcres 1, have been waiting for when our utilities situation would be put before you. It has been on your rolling calendar for months under the heading: "District Option to Retain Underground Electrical Equipment (GreenAcres)" This was to be our opportunity to come before you to explain the unique situation that exists in GreenAcres 1 and to seek your guidance in coming up with an appropriate solution. This was the UAC's directive to the · CPAU, to properly bring our situation before Council. Imagine our surprise, and dismay, to read in the Council meeting agenda for September 9, the CPAU's Consent Calendar proposal (Item 4) that, hidden amongst a myriad of other changes to their Rules and Regulations, there was a change in wording that would effectively deny us the opportunity to be heard. By a sleight of hand, the CPAU looks to silence us ...... just by the addition of one word -"replacement." If they succeed in this change, the UAC's directive will have been ignored and our right to a fair hearing will have been denied. All this was done without ever informing us. If you approve the changes to the CPAU Rules and Regulations 3 (Description of Utilities Services) listed as part of Consent Calendar #4, you will have unwittingly approved the CPAU's attempt to deny us due process in having our utilities situation heard. The fact of the matter is, in 1972, the homeowners of GreenAcres 1 paid to have all the transformers and switch boxes put underground at the same time as the CPAU was putting our electrical wires underground. Had we not paid for the substructures, we would most likely have had pad mounted equipment as was being done in other districts. But we did pay. We invested in our system and now have a vested interest in our system. That makes our situation unique. Because of the unique nature of our situation, there needs to be a unique solution. Please remove the CPAU Item 4 from the Consent Calendar vote to allow the fair and proper vetting of our unique situation. Thank you. Sincerely, Nina Bell GreenAcres 1 Brettle, Jessica From: Sent: To: Subject: Attachments: Y Fang <yfang00@gmail.com> Tuesday, September 3, 2019 10:02 PM Council, City please remove Consent Calendar item 4 from City Council agenda for Monday September 9 MMs Letter 4 to City Council.pdf; Kent Mitchell's UAC Letter April 9 Meeting-Agenda IX-1 .pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Palo Alto City Council Members, My name is Yu Fang. I am a homeowner in the Green Acres One neighborhood in Palo Alto. I strongly urge you to please exercise your option to remove Consent Calendar item 4 'Adoption of a Resolution Amending Utilities Rules' from the City Council agenda for Monday September 9 pending further public notice and public hearing and discussion of its various aspects, impacts and implications for Green Acres One and for Palo Alto as a whole. I fully agree with the letter (attached) written by our neighbor Michael Maurier, and the letter (attached) from Green Acres One attorney, Mr. Kent Mitchell regarding this matter. Thank you, Yu Fang Green Acres One Resident and Property Owner 1 Brettle, Jessica From: Sent: To: Subject: Attachments: Lin Liu <ludan00@gmail.com> Tuesday, September 3, 2019 10:09 PM Council, City please remove Consent Calendar item 4 from City Council agenda for Monday September 9 MMs Letter 4 to City Council.pdf; Kent Mitchell's UAC Letter April 9 Meeting-Agenda IX-1.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Palo Alto City Council Members, My name is Lin Liu. I am a homeowner in the Green Acres One neighborhood in Palo Alto. I would like to ask you to please exercise your option to remove Consent Calendar item 4 'Adoption of a Resolution Amending Utilities Rules' from the City Council agenda for Monday September 9 pending further public notice and public hearing and discussion of its various aspects, impacts and implications for Green Acres One and for Palo Alto as a whole. Regarding the details about this matter, I fully agree with the letter (attached) written by our neighbor Michael Maurier, and the letter (attached) from Green Acres One attorney, Mr. Kent Mitchell. Thank you, Lin Liu Green Acres One Resident and Property Owner 1 Brettle, Jessica From: Sent: To: Subject: Attachments: w lee <filet1mignon@gmail.com> Tuesday, September 3, 2019 10:55 PM Council, City April 9 Special City Council Meeting MMs Letter 4 to City Council.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Palo Alto City Council Members, CPAU was tasked by the UAC at the April 9, 2019 Special UAC meeting to discuss with City Council regarding Green Acre One's unique High Voltage Electrical system configuration situation and open public discussions regarding multiple Palo Alto electrical districts' options to retain their equipment configurations, including fully underground systems. We were fully expecting CPAU to discuss these matters with City Council. Instead they tried to sneak their will into regulation without resolving the issues. I totally concur with the contents of Michael· Maurier's letter, attached, written to you regarding this matter. I was assured by Ed Shikada in an email (complete email can be provided upon request) written on April 8, 2018 that we will not be forced to host surface mounted transformers. -"I (Ed) would definitely like you to know that we are not trying to push this forward over the objections of residents.". The truth is quite the opposite. In light of these actions by CPAU, I respectfully ask the City Council remove Consent Calendar item 4 'Adoption of a Resolution Amending Utilities Rules' from the agenda so agreeable solutions can be found before action is taken. Thank you, Winston Lee Green Acre One Resident and Property Owner Brettle, Jessica From: Sent: To: Subject: Frankie Farhat <farhat_ 101@yahoo.com > Wednesday, September 4, 2019 9:45 AM Council, City Request to Remove Consent Calendar Item 4 off the Special Meeting Agenda on 09/09/2019 CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear Council Members, I am reaching out to you to ask you to remove Consent Calendar Item 4 from the agenda for the City Council Special Meeting scheduled for Monday September 9 at 5pm. The reasons for such removal were provided in a letter sent to you by Mr. Michael Maurier on September 3, 2019. Rather than quoting or paraphrasing him, I simply prefer to state that I am in full support of his opinion and arguments and ask that my email to be part of your public records . I would also like to use this opportunity to voice out my concerns over the tactics used by the CPAU since they announced their intent to replace Green Acres l's underground utility equipment with pad-mounted equipment in March 2018: -CPAU has totally ignored the UAC directive to ask for guidance from Council to find a solution to our unique situation. -CPAU is trying to get a ''.minor wording change approved in their Rules and Regulations to avoid having to face and respond to the MAJOR implications that this wording change would have for our neighborhood. -CPAU has made this move without informing the public and permitting public discourse. By taking Item 4 off the agenda this coming Monday, you will give me the reassurance that Palo Altans are still represented by Council Members who take our opinions into consideration, and not by administrators who totally disregard a public discourse. I hope this plea will be heard by you and at least 2 other council members. Thank you very much for your consideration and attention to this matter. Frankie Farhat {REDACTED} 1 Brettle, Jessica From: Sent: To: Subject: Diane Baldwin <dianebaldwin@icloud.com> Wednesday, September 4, 2019 9:50 AM Council, City Underground utilities CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. I am writing to ask you to please remove item #4 from the Consent Calendar. I agree with Michael Maurier's assessment of the situation regarding the utility company's continued effort to place pad mount boxes on our properties here in green acres 1. I have enjoyed 41 years in this neighborhood and it is very disappointing to see how the utility company . has continued ignoring our wishes and tried this end run maneuver to avoid working with us. Thank you for your attention Diane Baldwin {REDACTED} Sent from my iPad 1 Brettle, Jessica From: Sent: To: Subject: Attachments: Joon Lee <jslee0@gmail.com> Wednesday, September 4, 2019 9:57 AM Council, City Re: Agenda Item: Consent Calendar Number 4 -'Adoption of a Resolution Amending Utilities Rules' MMs Letter 4 to City Council.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links . Dear Palo Alto City Council Members, My name is Joon Lee and I am a Green Acres One resident and property owner. My neighbor, Michael Maurier wrote attached letter requesting that Item 4 be removed from the Consent Calendar. I'm fully supportive of his statement. Your kind consideration would be appreciated. Sincerely, Joon Lee Green Acres One Resident and Property Owner Joon S. Lee jslee0@gmail.com 1 Brettle, Jessica From: Sent: To: Subject: Stella Hearn <stellahearn@sbcglobal.net> Wednesday, September 4, 2019 12:08 PM Council, City Palo Alto Utilities regulations changes CAUTION: This email originated from outside ofthe organization. Be cautious of opening attachments and clicking on links. The City of Palo Alto Utilities department has ignored the advice of the Utilities Advisory Commission to present options regarding replacement of existing underground electrical transformers and switches to above ground pad mount systems. Instead they are proposing changes in the WORDING of the regulations making pad replacement the ONLY available option for new and REPLACEMENT systems. Greenacres 1 residents paid for our underground systems (which have been very reliable for over 40 years). The proposed CPAU regulations effectively deny us any say in this matter, even though we are partial owners in our system. A large number of residents in Greenacres 1 are opposed to replacement of the underground system for numerous reasons, including safety and aesthetics. This is an attempt to alter something that we ow_n without public input. Please do not allow blanket approval of the proposed regulations. Thank you, Stella Hearn {REDACTED} Palo Alto, CA 94306 T Sent from my iPad 1 Brettle, Jessica From: Sent: To: Subject: Attachments: Forestlight <forest129@yahoo.com> Tuesday, September 3, 2019 6:25 PM Council, City April 9, 2019 City Council Meeting Agenda Item; Consent Calendar Number 4 'Adoption of a Resolution Amending Utilities Rules ... Kent Mitchell's UAC Letter April 9 Meeting-Agenda IX-1.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. (For inclusion in meeting packet) Referenced in Michael Maurier's letter regarding the Consent Calendar Item Number 4 1 City of Palo Alto (ID # 10388) City Council Staff Report Report Type: Consent Calendar Meeting Date: 9/9/2019 City of Palo Alto Page 1 Summary Title: Contract Amendment with Utiliworks for Phase II of AMI System Title: Approval of Amendment Number 1 to Contract Number C17165774 With UtiliWorks Consultants LLC., in the Amount of $232,785 Over Three- years for Phase II Consulting Services to Assist the City in Procuring Advanced Metering Infrastructure and Associated Systems and Services to Implement Smart Grid Systems, Including $31,168 for Additional Services, for a Total- Not-to-Exceed Amount of $263,953 From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached Amendment 1 to contract C17165774 (Attachment A) with UtiliWorks Consultants LLC (UWC) in the amount of $232,785 for Phase II of the Smart Grid Assessment and Technology Implementation Plan, including consulting services to assist the City in procuring Advanced Metering Infrastructure (AMI) and associated systems and services to implement smart grid systems, including $31,168 for additional services, for a total not to exceed amount of $263,953 over a term not to exceed three years. Executive Summary In November 2018 the City Council accepted the Utilities Smart Grid Assessment and Technology Implementation Plan (Staff Report # 9780). The assessment recommended the implementation of Advanced Metering Infrastructure (AMI) based smart grid systems for the benefit of electric, natural gas and water utility customers. In order to proceed with the implementation of an AMI and related smart grid systems, expert consulting services are required to assist and develop procurement documents, seek proposals from potential vendors, evaluate proposals, and to negotiate vendor contracts. The Statement of Work (SOW) under the amended agreement with UtiliWorks Consulting LLC (UWC) will meet these needs (Attachment B). Staff is seeking Council approval of this agreement to undertake Phase II related assignments. City of Palo Alto Page 2 Staff expects to return to Council for the approval of vendor contracts for implementation of smart grid systems by the end of 2020. After retaining vendors for the smart grid project implementation, staff may seek future Council approval of a further amendment to the contract to undertake Phase III work for implementation management services. Background AMI is a foundational smart grid technology that is becoming a standard in the utilities industry and will improve customer experience while enabling City of Palo Alto Utilities (CPAU) to operate more effectively. An AMI-based smart grid system will empower customers to more efficiently utilize utility supplies, facilitate customer adoption of distributed energy resources (DER) such as solar photovoltaics (PV) and electric vehicles (EV), and enable the timely detection of water leaks. AMI will also enable CPAU to optimize operations and improve reliability by reducing restoration time for outages. In November 2018, Council unanimously accepted UWC’s Phase I work, the Smart Grid Assessment and Utilities Technology Implementation Plan, including the estimated 5-year timeline and $19 million cost of investment in an AMI system. In Phase II UWC will assist in procuring the AMI system, including development of the RFP, evaluating responses, and performing associated project management services. Discussion The Phase II tasks of AMI System Specification Development, Procurement Support, and Initiation of Organization Change Management are divided into nine sub-tasks as follows: 2.1 Kickoff and AMI System Requirement Gathering 2.2 Develop RFP for equipment, installation services, and system integration services 2.3 Assist with Administration of RFP 2.4 Assist with Evaluation of RFP responses 2.5 Vendor Negotiation(s) and assist with finalizing implementation contracts 2.6 Refresh economics of AMI investment based on final vendor contract (optional) 2.7 Implementation assistance: Defining current & planned business process (optional) 2.8 Implementation assistance: Change Management Planning (optional) 2.9 Overall Project Management Services These tasks are currently projected to be accomplished within a 15 to 18-month period. However, a number of uncertainties exist, related to vendor contract negotiation and organizational readiness to begin Phase III implementation. As such, the term of the agreement is recommended to be two years, with an option to extend it by an additional year. Consultant RFP/Selection Process & Council Approval of UWC Phase I Agreement in May 2017 City of Palo Alto Page 3 In November 2016 the City issued Request for Proposal (RFP) 165774 titled “Consulting Assistance for Smart Grid/IT Strategic Plan and Implementation Services for Over 5 Years.” Staff developed an RFP proposal evaluation criterion with the following scoring weights. • Completeness of Proposal (5%) • Qualifications of the firm and assigned staff (25%) • Past experience in each of the task areas (25%) • Proposed approach to implement each of the tasks (25%) • Compensation and payment structure (10%) • Exceptions to the City’s contract template (10%) The RFP contemplated a three-phase consulting assignment: assessment of needs and economics (Phase I); if found feasible and economic, assistance with systems procurement (Phase II); and assistance with implementation management (Phase III). The RFP garnered proposals from nineteen vendors. The review panel interviewed four of the most qualified vendors and selected UWC as the most qualified based on the evaluation criteria. Council approved the Phase I agreement in May 2017 (Staff Report # 7846), and accepted the findings of the assessment in November 2018 (Staff Report 9780). UWC bid on all 3 phases of the RFP, and successfully completed Phase I of the work. UWC is well qualified to undertake Phase II assignments, which were contingent on and leverage information from the results of Phase I. Upon successful completion of Phase II, the City may opt to seek UWC’s assistance with Phase III. Resource Impact Funds of $263,953 for Phase II work are included in the FY 2019 Capital Improvement Program (CIP) budget under project Smart Grid Technology Installation project EL-11014. Staffing resources to manage the consultant and to finalize the work product have also been identified within existing staff. Policy Impacts The proposed contract supports the Council-approved Utilities 2018 Strategic Plan, Priority 3 - Technology, Strategy 2 – Deploy AMI to increase reliability, enhance customer service, and improve response time. Environmental Review Council’s approval of UWC’s provision of these consulting and procurement services does not meet the definition of a project, under Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment, and therefore, no City of Palo Alto Page 4 environmental review is required. Subsequent installation of physical facilities that may be recommended as a result of Phases I through III of this project, which may ultimately replace existing equipment, will be analyzed prior to implementation. Attachments: • Attachment A: Amendment C17165774 Utiliworks • Attachment B: C17165774 - Statement of Work 6055211 1 AMENDMENT NO. 1 TO CONTRACT NO. C17165774 BETWEEN THE CITY OF PALO ALTO AND UTILIWORKS CONSULTING, LLC. This Amendment No. 1 to Contract No. C17165774 (“Contract”) is entered into September 9, 2019, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and UTILIWORKS CONSULTING LLC., a limited liability company, located at 2351 Energy Drive, Suite 1010, Baton Rouge, LA 70808 ("CONSULTANT"). R E C I T A L S A. The Contract was entered into on May 8, 2017 between the parties for Phase I of a project to evaluate the feasibility of an Advanced Metering Infrastructure (AMI) system and associated smart grid technologies and programs to assist in developing a Strategic Technology Roadmap and Implementation Plan. B. City intends to extend the term and increase the compensation by $263,953.00 from $174,735.00 to $438,688.00 for additional Phase II services as specified in EXHIBIT “A” Scope of Services. 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 2, TERM is hereby amended to read as follows: “SECTION 2. TERM. The term of this Agreement shall be from April 10, 2017 through May 8, 2022 unless terminated earlier pursuant to Section 19 of this Agreement.” SECTION 2. Section 4, NOT TO EXCEED COMPENSATION is hereby amended to read as follows: “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 Three Hundred Ninety One Thousand Six Hundred Fifty Three Dollars ($391,653.00). 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 Four Hundred Thirty Eight Thousand Six Hundred Eighty Eight Dollars ($438,688.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 2 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 3. The following exhibit(s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES”. b. Exhibit “B” entitled “COMPENSATION”. c. Exhibit “C” entitled “ESTIMATE SCHEDULE”. SECTION 4. 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. DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 3 CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney UTILIWORKS CONSULTING, LLC. Officer 1 By: Name: Dale Pennington Title: President/CEO Officer 2 By: Name: Nicole Griffin Title: Senior Manager Attachments (If applicable): EXHIBIT "A": SCOPE OF SERVICE EXHIBIT "B": COMPENSATION EXHIBIT "C": ESTIMATE SCHEDULE DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 4 Exhibit A - Scope of Services Phase II – Consulting Services to Assist the City’s Procurement of Advanced Metering Infrastructure and Associated Systems and Services to Implement Smart Grid Systems for the Benefit of Electricity, Natural Gas and Water Utility Customers Purpose This Statement of Work (SOW) specifies, in detail, the services UtiliWorks Consulting, LLC. (“UtiliWorks” or UWC) will provide the City of Palo Alto Utility (“CPAU,” “City” or “Palo Alto”) related to Smart Grid System Requirements Gathering, Procurement Support, and Initiation of Change Management (Phase II). This SOW follows the completion of UtiliWorks/CPAU’s Phase I activity which resulted in Council acceptance of ‘Utilities Smart Grid Assessment and Utilities Technology Implementation Plan’ on November 19, 2018. Under the Phase II SOW, UtiliWorks will assist CPAU with the selection process and procurement of the Advanced Metering Infrastructure (AMI) Vendor, Meter Data Management System (MDMS) Vendor, water/gas meter replacement/retrofit Vendor(s), electric meter installation Vendor, and system integration Vendor(s). This process begins with the requirements gathering task and leverages information already obtained from the Phase I (Assessment) work and will culminate with finalizing vendor agreements and initiating change management planning for CPAU. Each detailed task for Phase II is outlined below. Upon successful completion of Phase II, the City may opt to have UWC assist with AMI implementation in Phase III. Task 2.1 – Kickoff and Requirements Gathering In Phase II kickoff, UWC will review of overall approach to the City’s Smart Grid procurement strategy, including the option to solicit multiple vendors for separate components of the system (i.e. meters, AMI system, installation, etc.), develop a general scope of services, and project deployment approach and timeline, to be included in the RFP. UtiliWorks’ procurement of technology must be premised on the need to identify tight, detailed specifications and requirements. UtiliWorks will lead workshops and conduct interviews with the project stakeholders to develop specifications based on Palo Alto’s business goals, objectives, current situation, plans for future changes and other necessary elements. UtiliWorks will utilize the Phase I planning documentation (Assessment Report, Strategic Technology Roadmap and Implementation Plan), plus MDMS Requirements and CPAU AMI Pilot findings already available, to ensure all project requirements are captured during this DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 5 task. Deliverables: Deliverable / Format Description A. Lead procurement and requirements workshops (onsite) and provide supporting workshop notes (.ppt) UtiliWorks will research and document:  Procurement Requirements – Review CPAU’s procurement rules, contracting templates, and amalgamating City standard templates with industry standards.  Procurement Timeline – Develop an estimated procurement timeline for inclusion in RFP document.  Project Approach - Discuss CPAU implementation strategy, Alpha/Beta/Full deployment scope and timeline; identify how project timing may be impacted by other IT/City projects (CIS, ERP, etc.).  Business Requirements – Document the challenges/problems that will be solved by the AMI system.  Functional Requirements – Draft outline of what CPAU needs the new technology solve.  Telecommunications Requirements: Study existing structures to determine how/where to mount communications equipment, and identify what backhaul communication methods are available  Integration Requirements – Draft requirements of how CPAU wants this new technology to interface with other systems.  Reporting Requirements: Identify and draft the types of reports and reporting tools that will be needed to optimize the information collected by the AMI system.  Performance Requirements: Identify and draft measures of performance that should be specified in the RFP for the vendor to satisfy the business requirements of the City. B. Draft Requirements and Specifications (.xls) for Review and Inclusion in the RFP UtiliWorks will document and finalize the requirements for inclusion in the draft RFP. The expected format is an Excel workbook. DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 6 Task 2.2 – RFP Development Based on the business requirements and functional specifications identified and prioritized with the City team in Task 2.1, UtiliWorks will draft the RFP Scope of Work (SOW). The RFP will contain specific evaluation criteria and weighting, as appropriate, based on the City’s purchasing requirements. UtiliWorks will work with the City and develop a scorecard and proposer evaluation materials. Deliverables: Deliverable / Format Description C. Draft RFP SOW document(s) (.doc) along with: - System Requirements attachments (.xls) - Cost worksheet attachment (.xls) The RFP SOW will be incorporated into the existing Palo Alto boilerplate RFP template for equipment and services. UtiliWorks will review the document and all supporting data with the City team (including purchasing and legal) to ensure that all City requirements have been accurately captured prior to solicitation. D. Evaluation criteria and scoring weights, scorecard, evaluation materials Evaluation criteria and weighting will be derived from what is outlined in the RFP. Further detail will be provided internally to CPAU selection committee on how each section of the RFP will be scored and reviewed. This information will be compiled into a sample scoring template (scorecard) and supporting evaluation instructions for the committee. Assumptions:  UtiliWorks will develop general, business/operational, and technical/system requirements incorporated into a single RFP that includes: (a) procurement of AMI, MDMS, water/gas meter replacement/retrofit, electric meter installation and system integration services; (b) procurement of integration services for AMI, MDMS, Customer Information System, Customer Portal, Geographic Information System, Outage Management System; (c) procurement of electric, gas and water meters and ancillary equipment; and (d) procurement of meter installation services.  The RFP will be one comprehensive RFP with selection of either turnkey services through a single vendor or multiple distinct vendors, depending on purchasing requirements and preferences.  CPAU may elect to issue multiple, separate RFPs; for example, a separate water and natural gas meter RFP. If that is the case, each RFP would be issued in parallel (or overlapping) timelines.  In the event series of RFPs are issues and issue dates are greater than three months apart, UtiliWorks will issue a change order to support the additional efforts in drafting and RFP Administration (Tasks 2.2 and 2.3) for each additional RFP that is requested for issuance three months after the first RFP was issued. DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 7 Task 2.3 – Smart Grid RFP Administration The UtiliWorks team will assist in publicizing Palo Alto’s RFP. The tasks that UtiliWorks will manage, in coordination with the City once the RFP is released are: (a) advertising the RFP; (b) setting the agenda and leading the pre-proposal meeting; (c) receiving and responding to vendor questions; and (d) publishing any necessary addenda Deliverables: Deliverable / Format Description E. Provide RFP management documents, including draft solicitation/advertisement, agenda and presentation for pre-proposal meeting, draft addendum(s), notice of shortlist selection and all other email correspondence with Vendors UtiliWorks will facilitate and participate in the pre- proposal meeting and will compile questions from vendors at the pre-proposal meeting and over the course of the solicitation period. UtiliWorks will take lead on initial response to vendors questions and documentation for any addendum materials. If desired by CPAU, UtiliWorks will send RFP communications, including shortlist selection and any deadline reminders, to vendors. F. Prepare reference check templates and evaluation process materials UtiliWorks will collaborate with CPAU to plan and prepare for the work, including, but not limited to, refinement of the CPAU’s evaluation process and scorecard, site-visits to other utilities which have implemented vendor technologies, reference checks and vendor-contracting tasks. Assumptions:  RFP Administration will be conducted in coordination with City’s purchasing requirements and may be conducted via City’s RFP/Procurement platform, PlanetBids, as required. Task 2.4 – Response Evaluation Support After responses are received, UtiliWorks will begin the evaluation process alongside City’s designated evaluation committee. UWC’s analytical processes ensure that multiple disparate RFP responses can be made comparable for review and comparison, for example, through a cost-normalization process. UtiliWorks will help Palo Alto’s team determine which AMI vendor(s) can deliver the optimum solution for the City. Deliverables: Deliverable / Format Description G. Cost normalization table (.xls) UtiliWorks will analyze cost proposal responses to identify anomalies among vendors and whether they provided the required costs for CPAU’s consideration. The cost normalization will present proposal costs side-by-side in a DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 8 format that lends itself to quick comparison of complete project cost. H. Technical proposal summary (.xls) UtiliWorks will provide a technical summary of proposals to assist Palo Alto in ranking of the proposals based on the evaluation criteria and, ultimately, to reach a shortlist of recommended candidates. I. Short-list interview agendas (.doc) and participation UtiliWorks will work with Palo Alto’s team to customize the shortlist meeting agenda and outline any remaining questions for each vendor. The UtiliWorks team will facilitate onsite shortlist interviews and ensure that candidates answer questions comprehensively and to City’s satisfaction. J. Compile reference checks and scorecards (.doc, .xls) UtiliWorks will utilize the reference check template previously provided to compile evaluator comments. Prior to selection, UtiliWorks will supply additional references as needed and can assist in arranging site visits, so that Palo Alto may obtain useful feedback from other utilities which have implemented similar systems. K. Evaluation summary memorandum (.doc) At the end of the evaluation process, UtiliWorks will work with Palo Alto’s team to weigh the pros and cons of each shortlist candidate and arrive at a final selection. UtiliWorks will work with the evaluation team to prepare documentation of the evaluation process and decision making to meet Palo Alto procurement standards. Assumptions:  UtiliWorks will advise and provide background information on vendors during evaluation, but CPAU staff will make the decision on the intent to award contract(s).  Site visits and reference checks will be conducted by CPAU evaluation team for the top 2-3 candidates. UtiliWorks will assist with development of reference check scripts/questions and facilitate site visits as required by CPAU. Task 2.5 – Vendor Negotiations and Contracting Once Palo Alto has selected the vendor(s), the UtiliWorks team will provide guidance and support during contract negotiations. UtiliWorks will suggest and negotiate terms and pricing that are favorable to Palo Alto. Deliverables: Deliverable / Format Description L. Attend negotiations and suggest negotiation terms on the City’s behalf UtiliWorks will suggest areas for negotiation with selected vendor(s) based on experience and industry cost information. UtiliWorks will participate in a series of onsite and remote negotiations meetings until a final agreement is reached. DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 9 M. Draft notes of contracting meetings to memorialize critical details in the contract underlying the systems the vendor is offering (.doc and/or .xls) UtiliWorks will facilitate draft SOW review meetings with vendor(s) and City team. UtiliWorks will track all open items for further follow-up and/or onsite negotiations. N. Draft edits to vendor’s SOW(s), including review of compliance with Palo Alto’s technical and business requirements, project approach, payment schedule and system acceptance criteria (.doc or pdf) UtiliWorks’ PM will engage with selected vendor(s) to provide the necessary documents for Palo Alto staff to review and redline. In parallel with Palo Alto’s review, UtiliWorks experts will review and provide editorial to the proposed SOW, to determine whether the SOW is in compliance with Palo Alto’s technical and business requirements. UtiliWorks will work with Palo Alto and the selected vendor(s)/contractor(s) to identify and document the project approach and system acceptance criteria for incorporation into SOW, along with detailed roles and responsibilities of all parties to the contract. Assumptions:  UtiliWorks contracting support is focused on SOW, pricing, and acceptance criteria development and review. As such, we will not provide legal review of agreement language or terms and conditions, beyond specific contract pitfalls we have experienced. Task 2.6 – Cost-Benefit Analysis (CBA) Refresh UtiliWorks will update the AMI program cost-benefit analysis developed for Palo Alto in 2017. This task will more accurately estimate the AMI program’s financial impact to CPAU by reflecting actual contract pricing, as negotiated in Task 2.5. This is an optional task and shall be undertaken upon request by the City. Deliverables: Deliverable / Format Description O. Financial Model to incorporate updated project cost and assumptions (.xls) The CBA will be updated to reflect the contract pricing as negotiated in Task 2.5 The updated CBA will include a review of the general assumptions related to implementation, including benefits, considering any operational or IT changes that have taken place since the finalization of the initial 2017 results. P. Provide a refreshed cost-benefit analysis memorandum (.doc) The results will be summarized in a memorandum detailing major changes since the initial cost-benefit analysis was conducted, as well as providing a comparison of the financial metrics from the 2017 version of the CBA to the updated version. DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 10 Task 2.7 – Current State Business Process Definition UtiliWorks will engage in a current state business process workshop to gain a clear understanding and baseline of the operational and organizational characteristics of the City’s core business processes that will be impacted by AMI. During the workshop, the team will discuss the relevant associated policies that are in place which may change as a result of AMI. These workshops will be cross-functional and there will be a designated session for each business process. Deliverables: Deliverable / Format Description Q. PowerPoint slides incorporating all City notes, decisions and open items from workshop (.ppt) The workshop format will cover five core, current-state business processes that are directly impacted by the deployment of AMI including:  Meter Change-Out/Retrofit  Billing & Read Validation  Customer Inquiry and Response  Non-Pay Disconnect/Reconnect  Move In/Out Supporting materials and demonstration of systems may be incorporated into the workshop. (For example, walk through billing exception reporting in CIS or read upload via MV-RS file.) As part of the workshop, UtiliWorks will work with the project manager to designate a primary process owner for each business process area that will lead the change effort internally and be responsible for internal review check points during business process re-engineering (BPR) development which will occur during project implementation. Wherever possible, UtiliWorks will capture process metrics to establish a baseline for current state process analysis. This will aid the City in developing Key Performance Indicators (KPIs) to ensure desired program goals are attained. R. Finalized current state process diagrams (flow charts) As an outcome of the workshop, the UtiliWorks business process re-engineering team will work with City to document current state business processes into a visual process flow DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 11 Task 2.8 – Change Management Planning Upon finalization of a vendor contract (Task 2.5) and initial definition of current state processes and roles (Task 2.7), UtiliWorks will conduct a workshop to begin the planning and preparations for the City’s staffing, follow-on business process reengineering and communications tasks. These areas encompass activities that will be formally documented in a Change Management Plan, which will include a summary of project scope (i.e. changes forthcoming based upon finalized vendor SOW), key project messaging and a stakeholder analysis. The Project Management team will generate engagement strategies to incorporate various participants (internal and external) into educational, communications and training preparations. The plan will include a timeline for when activities are expected to occur, with interdependencies and sequencing, which will be carried out in lockstep with the deployment plan during Phase III. The Change Management planning workshops will include the following sessions: 1. Project Stakeholder Review – The CPAU project team will review the list of stakeholders comprised of groups identified in the City’s AMI assessment risk log and current state process development sessions. The information will be used to conduct a stakeholder analysis session, in which UtiliWorks will outline strategies for how to engage various groups with an interest in the project. 2. Engagement Vision and Preliminary Internal Awareness – In this session, the CPAU project team will identify the key topics that will drive the content for preliminary organizational awareness activities. UtiliWorks will discuss AMI project key messaging, which will include a description of significant benefits and requisite changes to the organization. 3. Intro to AMI/MDM System Data Quality Assurance – In this session UtiliWorks will introduce AMI/MDMS system data and reporting quality assurance, utilization and governance concepts. There is an expansion of data available within AMI, MDM and customer engagement systems. This session is targeted toward an introductory understanding of what operational review tasks and reporting will be available, with an emphasis on the importance of ownership of data within these systems. 4. Staffing and Skills Need Assessment - UtiliWorks will conduct a workshop to determine CPAU staff readiness to adopt the new technology, CPAU’s staffing needs going forward, and how to bridge the gap between today and post-AMI deployment to prepare for a successful AMI implementation. Specifically, UtiliWorks will hold discussions about maintaining the network and responding to the system exceptions, events, alarms, and meter communications generated by the AMI system, in order to allow CPAU to gain a deeper understanding of what tasks will be required and how best to organize a team to respond to them. UtiliWorks will help CPAU determine where current staff are a fit for new roles and to plan for potential temporary and permanent staffing impacts as a result of AMI. 5. Management Update – meet with project sponsor(s) and management team to discuss current project status and re-cap change management strategies that will be included in the Change Management Plan. DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 12 Deliverables: Deliverable / Format Description S. PowerPoint slides incorporating all City notes, decisions and open items from all workshops (.ppt) UtiliWorks will conduct a workshop to begin the planning and preparations for the City’s staffing, follow-on business process reengineering and communications tasks. The workshop sessions will include: 1. Project Stakeholder Review 2. Engagement Vision and Preliminary Internal Awareness 3. Intro to AMI/MDM System Data Quality 4. Staffing and Skills Needs Assessment 5. Management Update T. Content to be used for internal communications UtiliWorks will draft content to be used for internal communications. Specific content beyond key messaging (to be incorporated into Change Management Plan) will be provided as standalone deliverable(s). U. Change Management Plan (.doc) The final Change Management Plan will incorporate analysis and write-up from the workshops in the following areas: 1. Written analysis of key primary and secondary project stakeholders and a priority system (such as Mendelow’s Power-Interest Grid) for how to engage with them during the project. 2. AMI project key messaging, which will include a description of significant benefits and requisite changes to the organization. UtiliWorks will develop the written content appropriate for publication for internal staff. 3. Sample data ownership tools to assist CPAU in managing the new systems that are part of the AMI project, and an explanation of the role and importance of data ownership. 4. Document the staffing plan and a write-up on the skills needs assessment as developed in the workshop. 5. Describe the change management strategies that should be employed based on recommendations and Executive sponsor input. A meeting to present the Change Management Plan to CPAU will be included in this deliverable. Assumptions:  Publication of communications materials may be via an e-mail newsletter, printed flyers, or other formats as deemed appropriate by CPAU. Final communications design and production will not occur until Phase III. DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 13  Communications content to be developed will include high-level project strategy/vision and messaging. The full Communications Campaign and detailed content development will be included in Phase III. Task 2.9 – Project Management UtiliWorks will provide structured project management for completing tasks 2.1 through 2.8 to ensure that all project components are executed in a timely, organized fashion and completed to the project SOW and expectations. As communication is a critical success factor, the UtiliWorks Project Manager will work to make sure that all designated team members are aware of project status and potential issues. Deliverables: Deliverable / Format Description V. Project Schedule (.mpp or SharePoint) UtiliWorks will develop and maintain the overall project schedule throughout duration of the project. W. Change Request Log (SharePoint) UtiliWorks will manage all change requests and incorporate them into project schedule throughout duration of the project. X. Meeting action items/notes (SharePoint) UtiliWorks will facilitate regular project progress and other required meetings. Work with all project participants to monitor progress and adjust the work plan as needed to stay on schedule. Y. Invoicing tracker (.xls) UtiliWorks will monitor and manage project budgets via exchange and upkeep of project invoicing workbook. Assumptions:  UtiliWorks’ PM will have a minimum of 5 years’ utility/AMI technology project experience and is subject to approval by the City’s project sponsor.  Work will be performed by UtiliWorks resources either on-site or off-site (remotely) in the completion of task order deliverables.  UtiliWorks will track project progress to ensure all work stays within scope, notify CPAU staff of the status of project schedules via regular status calls. DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 14 Exhibit B - Compensation UtiliWorks will invoice Palo Alto monthly for the services outlined in this SOW based on percent complete of deliverables assigned to each task and all Reimbursable Expenses at cost. Prior to invoice submission, the UtiliWorks PM will review with the City PM. Travel must be pre-approved by Palo Alto’s PM. Description Total Cost NTE Est. Hours Phase II – Smart Grid System Requirements Gathering & Procurement Support $263,953 Task 2.1 – Kickoff and Requirements Gathering $10,804 50 Task 2.2 - RFP Development $15,543 70 Task 2.3 - RFP Administration $22,307 100 Task 2.4 - Response Evaluation $22,308 100 Task 2.5 - Vendor Negotiations and Contracting $44,616 205 Task 2.6 - Cost-Benefit Analysis Refresh $8,217 40 Task 2.7 - Current State Business Process Definition $32,000 145 Task 2.8 - Change Management Planning $30,980 140 Task 2.9 - Project Management $21,010 96 Phase II Sub-total $207,785 946 Reimbursable Expenses for Phase II Not-to-Exceed $25,000 Contingency (15%) $31,168 Work for additional tasks not within the scope of services provided by this document shall be billed at an hourly rate, per resource, per the following rate table. Title Billing Rate Managing Director, CEO $295.00 Principal, VP $260.00 Director, Senior Manager, Manager, Senior Associate $220.00 Associate $190.00 Senior Analyst, Analyst $160.00 Junior Analyst, Administrative $115.00 DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 15 Exhibit C - Estimated Schedule Phase II Task Summary Table Activity Deliverable Lead Participants Schedule (Calendar Days) Task 2.1 – Kickoff and Requirements Gathering Kickoff (Onsite or Remote) Detailed Project Schedule, RFP Timeline and Data Requests UtiliWorks PM City project team, UtiliWorks project team T+28days Onsite Procurement Workshop (2 days) Draft Requirements List UtiliWorks PM and SMEs City project team, UtiliWorks project team +80 Task 2.2 - RFP Development RFP Draft Development RFP Draft Document, with accompanying requirements and cost attachments UtiliWorks PM and Analyst UtiliWorks project team +122 Finalize RFP Documents Final RFP documents City City project team, UtiliWorks project team +172 Task 2.3 - RFP Administration Solicitation Draft solicitation message and vendor contact list UtiliWorks Analyst or City City project team, UtiliWorks project team +179 Onsite Pre-proposal Meeting (0.5 day) Agenda and presentation for Pre-proposal meeting UtiliWorks PM City project team, UtiliWorks project team +200 Draft Addendum(s) during Q&A Period Provide input on City's responses to technical and scope questions on RFP City City project team, UtiliWorks project team +235 Vendor Communications Deadline reminders, Draft notices of shortlist selection, Interview coordination and Interview agenda(s) UtiliWorks Analyst or City City project team, UtiliWorks project team +288 DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 16 Task 2.4 - Response Evaluation Technical Proposal Review Meeting (Remote) Cost Normalization and Technical Proposal Summary UtiliWorks PM and Analyst UtiliWorks project team, City evaluation team +241 Evaluation Materials for City Scorecard and References Templates City City project team, UtiliWorks project team +241 Onsite Shortlist Interviews (2 - 3 days) Attend shortlist meetings City City evaluation team, UtiliWorks project team +288 Evaluation Summary Memo Document City's evaluation process and decision UtiliWorks PM City project team, UtiliWorks project team +296 Task 2.5 - Vendor Negotiations and Contracting Review Vendor's Draft SOW Edits to Vendor SOW, including input on system acceptance criteria UtiliWorks PM and SMEs City project team, UtiliWorks project team +431 Negotiations and Contract Review Meetings (Onsite or Remote) Meeting notes and contract revisions UtiliWorks and City City project team, UtiliWorks project team +462 Task 2.6 – Cost-Benefit Analysis Refresh Update financial model based on finalized vendor pricing, timeline, and operating environment Updated Financial Model UtiliWorks Analyst City project team, UtiliWorks project team +407 Summarize and compare updated CBA to pre- procurement CBA CBA Refresh Memorandum UtiliWorks Analyst City project team, UtiliWorks project team +410 DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 17 Task 2.7 – Current State Business Process Definition Current State Business Process Workshop Process flows and accompanying notes for core business processes UtiliWorks BPR Lead and PM City project team, City bus. process SMEs, UtiliWorks project team +45 Task 2.8 – Change Management Planning Engagement Vision and Preliminary Internal Awareness (1/2 day) Content to be used for internal communications UtiliWorks Comms Lead and PM City project team, Comms team, Management team, UtiliWorks project team +470 Intro to System Data Quality Assurance (1/2 day) Reporting and Data QA governance educational materials UtiliWorks BPR Lead and PM City project team, City IT, UtiliWorks project team +470 Staffing and skills need assessment (1 day) Staffing Plan UtiliWorks BPR Lead and PM City project team, UtiliWorks project team +470 Management Presentations (1/2 day) Project Status and Change Management Planning Presentation UtiliWorks Comms Lead, BPR Lead and PM City project PM, Management team, UtiliWorks project team +470 Develop document to encapsulate project activities/plans for communications, education, staffing and business process efforts. Change Management Plan UtiliWorks Comms Lead, BPR Lead and PM City project team, UtiliWorks project team +476 Task 2.9 - Project Management Project Management services for duration of Phase II Maintain SharePoint, Project Schedule and Meeting Notes UtiliWorks PM UtiliWorks project team +476 DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 18 DocuSign Envelope ID: C4887479-3EA9-4D66-AF1A-D0001D507DCA 6055211 1 Exhibit A - Scope of Services Phase II – Consulting Services to Assist the City’s Procurement of Advanced Metering Infrastructure and Associated Systems and Services to Implement Smart Grid Systems for the Benefit of Electricity, Natural Gas and Water Utility Customers Purpose This Statement of Work (SOW) specifies, in detail, the services UtiliWorks Consulting, LLC. (“UtiliWorks” or UWC) will provide the City of Palo Alto Utility (“CPAU,” “City” or “Palo Alto”) related to Smart Grid System Requirements Gathering, Procurement Support, and Initiation of Change Management (Phase II). This SOW follows the completion of UtiliWorks/CPAU’s Phase I activity which resulted in Council acceptance of ‘Utilities Smart Grid Assessment and Utilities Technology Implementation Plan’ on November 19, 2018. Under the Phase II SOW, UtiliWorks will assist CPAU with the selection process and procurement of the Advanced Metering Infrastructure (AMI) Vendor, Meter Data Management System (MDMS) Vendor, water/gas meter replacement/retrofit Vendor(s), electric meter installation Vendor, and system integration Vendor(s). This process begins with the requirements gathering task and leverages information already obtained from the Phase I (Assessment) work and will culminate with finalizing vendor agreements and initiating change management planning for CPAU. Each detailed task for Phase II is outlined below. Upon successful completion of Phase II, the City may opt to have UWC assist with AMI implementation in Phase III. Task 2.1 – Kickoff and Requirements Gathering In Phase II kickoff, UWC will review of overall approach to the City’s Smart Grid procurement strategy, including the option to solicit multiple vendors for separate components of the system (i.e. meters, AMI system, installation, etc.), develop a general scope of services, and project deployment approach and timeline, to be included in the RFP. UtiliWorks’ procurement of technology must be premised on the need to identify tight, detailed specifications and requirements. UtiliWorks will lead workshops and conduct interviews with the project stakeholders to develop specifications based on Palo Alto’s business goals, objectives, current situation, plans for future changes and other necessary elements. UtiliWorks will utilize the Phase I planning documentation (Assessment Report, Strategic Technology Roadmap and Implementation Plan), plus MDMS Requirements and CPAU AMI Pilot findings already available, to ensure all project requirements are captured during this task. Deliverables: Deliverable / Format Description A. Lead procurement and requirements workshops (onsite) and provide supporting workshop notes (.ppt) UtiliWorks will research and document: • Procurement Requirements – Review CPAU’s procurement rules, contracting templates, and 6055211 2 amalgamating City standard templates with industry standards. • Procurement Timeline – Develop an estimated procurement timeline for inclusion in RFP document. • Project Approach - Discuss CPAU implementation strategy, Alpha/Beta/Full deployment scope and timeline; identify how project timing may be impacted by other IT/City projects (CIS, ERP, etc.). • Business Requirements – Document the challenges/problems that will be solved by the AMI system. • Functional Requirements – Draft outline of what CPAU needs the new technology solve. • Telecommunications Requirements: Study existing structures to determine how/where to mount communications equipment, and identify what backhaul communication methods are available • Integration Requirements – Draft requirements of how CPAU wants this new technology to interface with other systems. • Reporting Requirements: Identify and draft the types of reports and reporting tools that will be needed to optimize the information collected by the AMI system. • Performance Requirements: Identify and draft measures of performance that should be specified in the RFP for the vendor to satisfy the business requirements of the City. B. Draft Requirements and Specifications (.xls) for Review and Inclusion in the RFP UtiliWorks will document and finalize the requirements for inclusion in the draft RFP. The expected format is an Excel workbook. Task 2.2 – RFP Development Based on the business requirements and functional specifications identified and prioritized with the City team in Task 2.1, UtiliWorks will draft the RFP Scope of Work (SOW). The RFP will contain specific evaluation criteria and weighting, as appropriate, based on the City’s purchasing requirements. UtiliWorks will work with the City and develop a scorecard and proposer evaluation materials. Deliverables: Deliverable / Format Description C. Draft RFP SOW document(s) (.doc) along with: - System Requirements attachments (.xls) The RFP SOW will be incorporated into the existing Palo Alto boilerplate RFP template for equipment and services. UtiliWorks will review the document and all supporting data with the City team (including purchasing and legal) to ensure that all City requirements have been accurately captured prior to solicitation. 6055211 3 - Cost worksheet attachment (.xls) D. Evaluation criteria and scoring weights, scorecard, evaluation materials Evaluation criteria and weighting will be derived from what is outlined in the RFP. Further detail will be provided internally to CPAU selection committee on how each section of the RFP will be scored and reviewed. This information will be compiled into a sample scoring template (scorecard) and supporting evaluation instructions for the committee. Assumptions: • UtiliWorks will develop general, business/operational, and technical/system requirements incorporated into a single RFP that includes: (a) procurement of AMI, MDMS, water/gas meter replacement/retrofit, electric meter installation and system integration services; (b) procurement of integration services for AMI, MDMS, Customer Information System, Customer Portal, Geographic Information System, Outage Management System; (c) procurement of electric, gas and water meters and ancillary equipment; and (d) procurement of meter installation services. • The RFP will be one comprehensive RFP with selection of either turnkey services through a single vendor or multiple distinct vendors, depending on purchasing requirements and preferences. • CPAU may elect to issue multiple, separate RFPs; for example, a separate water and natural gas meter RFP. If that is the case, each RFP would be issued in parallel (or overlapping) timelines. • In the event series of RFPs are issues and issue dates are greater than three months apart, UtiliWorks will issue a change order to support the additional efforts in drafting and RFP Administration (Tasks 2.2 and 2.3) for each additional RFP that is requested for issuance three months after the first RFP was issued. Task 2.3 – Smart Grid RFP Administration The UtiliWorks team will assist in publicizing Palo Alto’s RFP. The tasks that UtiliWorks will manage, in coordination with the City once the RFP is released are: (a) advertising the RFP; (b) setting the agenda and leading the pre-proposal meeting; (c) receiving and responding to vendor questions; and (d) publishing any necessary addenda Deliverables: Deliverable / Format Description E. Provide RFP management documents, including draft solicitation/advertisement, agenda and presentation for pre-proposal meeting, draft addendum(s), notice of shortlist selection and all other email correspondence with Vendors UtiliWorks will facilitate and participate in the pre-proposal meeting and will compile questions from vendors at the pre- proposal meeting and over the course of the solicitation period. UtiliWorks will take lead on initial response to vendors questions and documentation for any addendum materials. If desired by CPAU, UtiliWorks will send RFP communications, including shortlist selection and any deadline reminders, to vendors. 6055211 4 F. Prepare reference check templates and evaluation process materials UtiliWorks will collaborate with CPAU to plan and prepare for the work, including, but not limited to, refinement of the CPAU’s evaluation process and scorecard, site-visits to other utilities which have implemented vendor technologies, reference checks and vendor-contracting tasks. Assumptions: • RFP Administration will be conducted in coordination with City’s purchasing requirements and may be conducted via City’s RFP/Procurement platform, PlanetBids, as required. Task 2.4 – Response Evaluation Support After responses are received, UtiliWorks will begin the evaluation process alongside City’s designated evaluation committee. UWC’s analytical processes ensure that multiple disparate RFP responses can be made comparable for review and comparison, for example, through a cost-normalization process. UtiliWorks will help Palo Alto’s team determine which AMI vendor(s) can deliver the optimum solution for the City. Deliverables: Deliverable / Format Description G. Cost normalization table (.xls) UtiliWorks will analyze cost proposal responses to identify anomalies among vendors and whether they provided the required costs for CPAU’s consideration. The cost normalization will present proposal costs side-by-side in a format that lends itself to quick comparison of complete project cost. H. Technical proposal summary (.xls) UtiliWorks will provide a technical summary of proposals to assist Palo Alto in ranking of the proposals based on the evaluation criteria and, ultimately, to reach a shortlist of recommended candidates. I. Short-list interview agendas (.doc) and participation UtiliWorks will work with Palo Alto’s team to customize the shortlist meeting agenda and outline any remaining questions for each vendor. The UtiliWorks team will facilitate onsite shortlist interviews and ensure that candidates answer questions comprehensively and to City’s satisfaction. J. Compile reference checks and scorecards (.doc, .xls) UtiliWorks will utilize the reference check template previously provided to compile evaluator comments. Prior to selection, UtiliWorks will supply additional references as needed and can assist in arranging site visits, so that Palo Alto may obtain useful feedback from other utilities which have implemented similar systems. K. Evaluation summary memorandum (.doc) At the end of the evaluation process, UtiliWorks will work with Palo Alto’s team to weigh the pros and cons of each shortlist candidate and arrive at a final selection. UtiliWorks will work with the evaluation team to prepare documentation of the 6055211 5 evaluation process and decision making to meet Palo Alto procurement standards. Assumptions: • UtiliWorks will advise and provide background information on vendors during evaluation, but CPAU staff will make the decision on the intent to award contract(s). • Site visits and reference checks will be conducted by CPAU evaluation team for the top 2-3 candidates. UtiliWorks will assist with development of reference check scripts/questions and facilitate site visits as required by CPAU. Task 2.5 – Vendor Negotiations and Contracting Once Palo Alto has selected the vendor(s), the UtiliWorks team will provide guidance and support during contract negotiations. UtiliWorks will suggest and negotiate terms and pricing that are favorable to Palo Alto. Deliverables: Deliverable / Format Description L. Attend negotiations and suggest negotiation terms on the City’s behalf UtiliWorks will suggest areas for negotiation with selected vendor(s) based on experience and industry cost information. UtiliWorks will participate in a series of onsite and remote negotiations meetings until a final agreement is reached. M. Draft notes of contracting meetings to memorialize critical details in the contract underlying the systems the vendor is offering (.doc and/or .xls) UtiliWorks will facilitate draft SOW review meetings with vendor(s) and City team. UtiliWorks will track all open items for further follow-up and/or onsite negotiations. N. Draft edits to vendor’s SOW(s), including review of compliance with Palo Alto’s technical and business requirements, project approach, payment schedule and system acceptance criteria (.doc or pdf) UtiliWorks’ PM will engage with selected vendor(s) to provide the necessary documents for Palo Alto staff to review and redline. In parallel with Palo Alto’s review, UtiliWorks experts will review and provide editorial to the proposed SOW, to determine whether the SOW is in compliance with Palo Alto’s technical and business requirements. UtiliWorks will work with Palo Alto and the selected vendor(s)/contractor(s) to identify and document the project approach and system acceptance criteria for incorporation into SOW, along with detailed roles and responsibilities of all parties to the contract. Assumptions: • UtiliWorks contracting support is focused on SOW, pricing, and acceptance criteria development and review. As such, we will not provide legal review of agreement language or terms and conditions, beyond specific contract pitfalls we have experienced. 6055211 6 Task 2.6 – Cost-Benefit Analysis (CBA) Refresh UtiliWorks will update the AMI program cost-benefit analysis developed for Palo Alto in 2017. This task will more accurately estimate the AMI program’s financial impact to CPAU by reflecting actual contract pricing, as negotiated in Task 2.5. This is an optional task and shall be undertaken upon request by the City. Deliverables: Deliverable / Format Description O. Financial Model to incorporate updated project cost and assumptions (.xls) The CBA will be updated to reflect the contract pricing as negotiated in Task 2.5 The updated CBA will include a review of the general assumptions related to implementation, including benefits, considering any operational or IT changes that have taken place since the finalization of the initial 2017 results. P. Provide a refreshed cost-benefit analysis memorandum (.doc) The results will be summarized in a memorandum detailing major changes since the initial cost-benefit analysis was conducted, as well as providing a comparison of the financial metrics from the 2017 version of the CBA to the updated version. Task 2.7 – Current State Business Process Definition UtiliWorks will engage in a current state business process workshop to gain a clear understanding and baseline of the operational and organizational characteristics of the City’s core business processes that will be impacted by AMI. During the workshop, the team will discuss the relevant associated policies that are in place which may change as a result of AMI. These workshops will be cross-functional and there will be a designated session for each business process. Deliverables: Deliverable / Format Description Q. PowerPoint slides incorporating all City notes, decisions and open items from workshop (.ppt) The workshop format will cover five core, current-state business processes that are directly impacted by the deployment of AMI including: • Meter Change-Out/Retrofit • Billing & Read Validation • Customer Inquiry and Response • Non-Pay Disconnect/Reconnect • Move In/Out Supporting materials and demonstration of systems may be incorporated into the workshop. (For example, walk through billing exception reporting in CIS or read upload via MV-RS file.) As part of the workshop, UtiliWorks will work with the project manager to designate a primary process owner for each business process area that will lead the change effort internally and be responsible for internal review check points during business process re-engineering (BPR) development which will occur during project implementation. Wherever possible, UtiliWorks will capture process metrics to establish a baseline for current state process analysis. This will aid the City in developing Key 6055211 7 Performance Indicators (KPIs) to ensure desired program goals are attained. R. Finalized current state process diagrams (flow charts) As an outcome of the workshop, the UtiliWorks business process re-engineering team will work with City to document current state business processes into a visual process flow 6055211 8 Task 2.8 – Change Management Planning Upon finalization of a vendor contract (Task 2.5) and initial definition of current state processes and roles (Task 2.7), UtiliWorks will conduct a workshop to begin the planning and preparations for the City’s staffing, follow-on business process reengineering and communications tasks. These areas encompass activities that will be formally documented in a Change Management Plan, which will include a summary of project scope (i.e. changes forthcoming based upon finalized vendor SOW), key project messaging and a stakeholder analysis. The Project Management team will generate engagement strategies to incorporate various participants (internal and external) into educational, communications and training preparations. The plan will include a timeline for when activities are expected to occur, with interdependencies and sequencing, which will be carried out in lockstep with the deployment plan during Phase III. The Change Management planning workshops will include the following sessions: 1. Project Stakeholder Review – The CPAU project team will review the list of stakeholders comprised of groups identified in the City’s AMI assessment risk log and current state process development sessions. The information will be used to conduct a stakeholder analysis session, in which UtiliWorks will outline strategies for how to engage various groups with an interest in the project. 2. Engagement Vision and Preliminary Internal Awareness – In this session, the CPAU project team will identify the key topics that will drive the content for preliminary organizational awareness activities. UtiliWorks will discuss AMI project key messaging, which will include a description of significant benefits and requisite changes to the organization. 3. Intro to AMI/MDM System Data Quality Assurance – In this session UtiliWorks will introduce AMI/MDMS system data and reporting quality assurance, utilization and governance concepts. There is an expansion of data available within AMI, MDM and customer engagement systems. This session is targeted toward an introductory understanding of what operational review tasks and reporting will be available, with an emphasis on the importance of ownership of data within these systems. 4. Staffing and Skills Need Assessment - UtiliWorks will conduct a workshop to determine CPAU staff readiness to adopt the new technology, CPAU’s staffing needs going forward, and how to bridge the gap between today and post-AMI deployment to prepare for a successful AMI implementation. Specifically, UtiliWorks will hold discussions about maintaining the network and responding to the system exceptions, events, alarms, and meter communications generated by the AMI system, in order to allow CPAU to gain a deeper understanding of what tasks will be required and how best to organize a team to respond to them. UtiliWorks will help CPAU determine where current staff are a fit for new roles and to plan for potential temporary and permanent staffing impacts as a result of AMI. 5. Management Update – meet with project sponsor(s) and management team to discuss current project status and re-cap change management strategies that will be included in the Change Management Plan. 6055211 9 Deliverables: Deliverable / Format Description S. PowerPoint slides incorporating all City notes, decisions and open items from all workshops (.ppt) UtiliWorks will conduct a workshop to begin the planning and preparations for the City’s staffing, follow-on business process reengineering and communications tasks. The workshop sessions will include: 1. Project Stakeholder Review 2. Engagement Vision and Preliminary Internal Awareness 3. Intro to AMI/MDM System Data Quality 4. Staffing and Skills Needs Assessment 5. Management Update T. Content to be used for internal communications UtiliWorks will draft content to be used for internal communications. Specific content beyond key messaging (to be incorporated into Change Management Plan) will be provided as standalone deliverable(s). U. Change Management Plan (.doc) The final Change Management Plan will incorporate analysis and write-up from the workshops in the following areas: 1. Written analysis of key primary and secondary project stakeholders and a priority system (such as Mendelow’s Power-Interest Grid) for how to engage with them during the project. 2. AMI project key messaging, which will include a description of significant benefits and requisite changes to the organization. UtiliWorks will develop the written content appropriate for publication for internal staff. 3. Sample data ownership tools to assist CPAU in managing the new systems that are part of the AMI project, and an explanation of the role and importance of data ownership. 4. Document the staffing plan and a write-up on the skills needs assessment as developed in the workshop. 5. Describe the change management strategies that should be employed based on recommendations and Executive sponsor input. A meeting to present the Change Management Plan to CPAU will be included in this deliverable. Assumptions: • Publication of communications materials may be via an e-mail newsletter, printed flyers, or other formats as deemed appropriate by CPAU. Final communications design and production will not occur until Phase III. 6055211 10 • Communications content to be developed will include high-level project strategy/vision and messaging. The full Communications Campaign and detailed content development will be included in Phase III. Task 2.9 – Project Management UtiliWorks will provide structured project management for completing tasks 2.1 through 2.8 to ensure that all project components are executed in a timely, organized fashion and completed to the project SOW and expectations. As communication is a critical success factor, the UtiliWorks Project Manager will work to make sure that all designated team members are aware of project status and potential issues. Deliverables: Deliverable / Format Description V. Project Schedule (.mpp or SharePoint) UtiliWorks will develop and maintain the overall project schedule throughout duration of the project. W. Change Request Log (SharePoint) UtiliWorks will manage all change requests and incorporate them into project schedule throughout duration of the project. X. Meeting action items/notes (SharePoint) UtiliWorks will facilitate regular project progress and other required meetings. Work with all project participants to monitor progress and adjust the work plan as needed to stay on schedule. Y. Invoicing tracker (.xls) UtiliWorks will monitor and manage project budgets via exchange and upkeep of project invoicing workbook. Assumptions: • UtiliWorks’ PM will have a minimum of 5 years’ utility/AMI technology project experience and is subject to approval by the City’s project sponsor. • Work will be performed by UtiliWorks resources either on-site or off-site (remotely) in the completion of task order deliverables. • UtiliWorks will track project progress to ensure all work stays within scope, notify CPAU staff of the status of project schedules via regular status calls. 6055211 11 Exhibit B - Compensation UtiliWorks will invoice Palo Alto monthly for the services outlined in this SOW based on percent complete of deliverables assigned to each task and all Reimbursable Expenses at cost. Prior to invoice submission, the UtiliWorks PM will review with the City PM. Travel must be pre-approved by Palo Alto’s PM. Description Total Cost NTE Est. Hours Phase II – Smart Grid System Requirements Gathering & Procurement Support $263,953 Task 2.1 – Kickoff and Requirements Gathering $10,804 50 Task 2.2 - RFP Development $15,543 70 Task 2.3 - RFP Administration $22,307 100 Task 2.4 - Response Evaluation $22,308 100 Task 2.5 - Vendor Negotiations and Contracting $44,616 205 Task 2.6 - Cost-Benefit Analysis Refresh $8,217 40 Task 2.7 - Current State Business Process Definition $32,000 145 Task 2.8 - Change Management Planning $30,980 140 Task 2.9 - Project Management $21,010 96 Phase II Sub-total $207,785 946 Reimbursable Expenses for Phase II Not-to-Exceed $25,000 Contingency (15%) $31,168 Work for additional tasks not within the scope of services provided by this document shall be billed at an hourly rate, per resource, per the following rate table. Title Billing Rate Managing Director, CEO $295.00 Principal, VP $260.00 Director, Senior Manager, Manager, Senior Associate $220.00 Associate $190.00 Senior Analyst, Analyst $160.00 Junior Analyst, Administrative $115.00 6055211 12 Exhibit C - Estimated Schedule Phase II Task Summary Table 6055211 13 Activity Deliverable Lead Participants Schedule (Calendar Days) Task 2.1 – Kickoff and Requirements Gathering Kickoff (Onsite or Remote) Detailed Project Schedule, RFP Timeline and Data Requests UtiliWorks PM City project team, UtiliWorks project team T+28days Onsite Procurement Workshop (2 days) Draft Requirements List UtiliWorks PM and SMEs City project team, UtiliWorks project team +80 Task 2.2 - RFP Development RFP Draft Development RFP Draft Document, with accompanying requirements and cost attachments UtiliWorks PM and Analyst UtiliWorks project team +122 Finalize RFP Documents Final RFP documents City City project team, UtiliWorks project team +172 Task 2.3 - RFP Administration Solicitation Draft solicitation message and vendor contact list UtiliWorks Analyst or City City project team, UtiliWorks project team +179 Onsite Pre-proposal Meeting (0.5 day) Agenda and presentation for Pre-proposal meeting UtiliWorks PM City project team, UtiliWorks project team +200 Draft Addendum(s) during Q&A Period Provide input on City's responses to technical and scope questions on RFP City City project team, UtiliWorks project team +235 Vendor Communications Deadline reminders, Draft notices of shortlist selection, Interview coordination and Interview agenda(s) UtiliWorks Analyst or City City project team, UtiliWorks project team +288 Task 2.4 - Response Evaluation Technical Proposal Review Meeting (Remote) Cost Normalization and Technical Proposal Summary UtiliWorks PM and Analyst UtiliWorks project team, City evaluation team +241 Evaluation Materials for City Scorecard and References Templates City City project team, UtiliWorks project team +241 Onsite Shortlist Interviews (2 - 3 days) Attend shortlist meetings City City evaluation team, UtiliWorks project team +288 6055211 14 Evaluation Summary Memo Document City's evaluation process and decision UtiliWorks PM City project team, UtiliWorks project team +296 Task 2.5 - Vendor Negotiations and Contracting Review Vendor's Draft SOW Edits to Vendor SOW, including input on system acceptance criteria UtiliWorks PM and SMEs City project team, UtiliWorks project team +431 Negotiations and Contract Review Meetings (Onsite or Remote) Meeting notes and contract revisions UtiliWorks and City City project team, UtiliWorks project team +462 Task 2.6 – Cost-Benefit Analysis Refresh Update financial model based on finalized vendor pricing, timeline, and operating environment Updated Financial Model UtiliWorks Analyst City project team, UtiliWorks project team +407 Summarize and compare updated CBA to pre-procurement CBA CBA Refresh Memorandum UtiliWorks Analyst City project team, UtiliWorks project team +410 Task 2.7 – Current State Business Process Definition Current State Business Process Workshop Process flows and accompanying notes for core business processes UtiliWorks BPR Lead and PM City project team, City bus. process SMEs, UtiliWorks project team +45 Task 2.8 – Change Management Planning Engagement Vision and Preliminary Internal Awareness (1/2 day) Content to be used for internal communications UtiliWorks Comms Lead and PM City project team, Comms team, Management team, UtiliWorks project team +470 Intro to System Data Quality Assurance (1/2 day) Reporting and Data QA governance educational materials UtiliWorks BPR Lead and PM City project team, City IT, UtiliWorks project team +470 6055211 15 Staffing and skills need assessment (1 day) Staffing Plan UtiliWorks BPR Lead and PM City project team, UtiliWorks project team +470 Management Presentations (1/2 day) Project Status and Change Management Planning Presentation UtiliWorks Comms Lead, BPR Lead and PM City project PM, Management team, UtiliWorks project team +470 Develop document to encapsulate project activities/plans for communications, education, staffing and business process efforts. Change Management Plan UtiliWorks Comms Lead, BPR Lead and PM City project team, UtiliWorks project team +476 Task 2.9 - Project Management Project Management services for duration of Phase II Maintain SharePoint, Project Schedule and Meeting Notes UtiliWorks PM UtiliWorks project team +476 City of Palo Alto (ID # 10494) City Council Staff Report Report Type: Consent Calendar Meeting Date: 9/9/2019 City of Palo Alto Page 1 Summary Title: Amendment of Soudi Consultants Contract Title: Approval of Amendment Number 1 With Soudi Consultants, Inc. for Electric Utility Engineering Services, Adding $80,000 to Year 3 of the 3 Year - term, for a Total Not-to-Exceed Amount of $330,000 From: City Manager Lead Department: Utilities Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute Amendment No. 1 to Contract S17166321 with Soudi Consultants, Inc. (Attachment A) for professional electrical engineering services, to add an additional $80,000 to the third year of the 3 year term, for a total amount not-to-exceed $330,000 for the entire term. Background City of Palo Alto Utilities (CPAU) owns and operates the electric system serving approximately 30,000 customers. At the City’s Colorado Power Station (COP), the system is fed from an 115,000 Volt (115kV) energy source which is stepped down to 60,000 Volts (60kV) as it enters the City’s sub-transmission system, linking nine 12kV and 4kV distribution substations through the City’s two switching stations. The failure of one of the three transformers at Colorado Power Station (COP-2) in June 2018 (Staff Report 9562) and its planned replacement has presented CPAU an opportunity to improve resiliency and reliability of the City’s electrical transmission system by installing a dedicated high voltage, gas circuit breaker (GCB-2) for the transformer (Staff Report 9912). Accompanying the COP-2 transformer replacement is an upgrade to the electrical protection scheme to better protect this expensive asset. In conjunction with the addition of the new GCB-2 breaker, changes to the electrical protection system are required to better coordinate the electric CPAU system with PG&E’s system. Soudi Consultants Inc. is currently assisting with this project, providing the specific expertise that Utilities Engineering needs to continue to meet these complex and technical design challenges and in order to be completed this fiscal year. Discussion City of Palo Alto Page 2 The electrical engineering services provided in the past by Soudi Consultants, Inc., examples of which are given below, are in specific areas of expertise required to complete the critical tasks that do not exist in the CPAU engineering division. These include providing engineering support for necessary capital improvements that are a result of our 60kV sub-transmission breaker study, ongoing 60kV relay coordination projects, providing support and technical expertise for electrical interconnections at transmission and primary voltage levels, lending expertise to create relay settings templates, performing settings and coordination on the 60kV system to meet industry best-practices and regulations, and providing 12kV protection support, as needed. The City’s system is unique because, although PG&E has similar installations, our 115kV and 60kV configurations are compact with respect to each other, which requires more in-depth electrical coordination and design considerations. Soudi Consultants is also one of PG&Es primary electric protection consultants and therefore, has, and can continue to routinely provide a smooth interface in design and technical communication as our professional liaison on these projects. Soudi Consultants, Inc., also brings to the table state-of-the-art design knowledge based on current design practices and standards gleaned from their parallel work with PG&E, Silicon Valley Power, and other progressive, industry-leading agencies. Projects Soudi Consultants, Inc., will work on: • New Colorado transformer (COP-2), GCB-2, and station electric service installations, including new bus and transformer differential zones, protection schemes, design, testing/commissioning documents and engineering support. • Review PG&E new relay settings and check coordination with applicable COP relays. • Colorado 60kV bus and substitute breakers - incorporating into new bus and transformer differential zones. On July 1, 2017 CPAU retained Soudi Consultants, Inc. for a 3-year term. FY 2020 is the third year term of the contract. Staff is requesting to amend the third year of the contract to increase funding from a not-to-exceed amount of $85,000 to $160,000. The third year contract was originally intended to include designs for refurbishing the transformers at Colorado Power Station, however due to the extended damage to COP-2 a transformer replacement is required; this includes the associated GCB-2 circuit breaker addition and necessary upgrades to accompanying 115kV and 60kV protection schemes at Colorado Electric Station. The original contract Scope of Work covers the necessary services and tasks, but the contract amount is insufficient to cover the unplanned replacement/upgrade of COP-2 and GCB-2. CPAU’s goal is to complete these projects and bring the critical transformer COP-2 back online by December 2019. City of Palo Alto Page 3 Resource Impact Current staffing levels to see this project through to completion in a timely manner and without affecting electric operations prevent City staff from being able to perform this work internally. Funding is available in the FY 2020 Electric capital budget and will be allocated from the following electric utility capital improvement projects: • EL-19001, Colorado Power Station Equipment Upgrades - $120k • EL-17005, HCB Pilot Wire Upgrades - $40k Policy Implications The approval of this Enterprise Fund professional services contract amendment is consistent with existing City policies. This recommendation is consistent with the Council-approved Utilities 2018 Strategic Plan (Staff Report 9022), especially the strategic objectives to: “Establish a proactive infrastructure replacement program, based on planned replacement before failure to support reliability and resiliency.” Environmental Review Council’s approval of the attached contract amendment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15302 (replacement or reconstruction of existing facilities) of the CEQA Guidelines. Attachments: • Attachment A: Soudi Consultants Engineering Amendment AMENDMENT ONE 1 of 2 6055243 AMENDMENT NO. ONE TO CONTRACT NO. S17166321, AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SOUDI CONSULTANTS, INC., FOR PROFESSIONAL SERVICES This Amendment No. One (“First Amendment”) to Contract No. S17166321 (“Contract”) is entered into September 9, 2019, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and SOUDI CONSULTANTS INC., a California Corporation located at 26 Sassafras Lane, San Ramon, CA (“CONSULTANT”). The Parties are collectively referred to herein as “Parties”. R E C I T A L S A. The Parties entered into the Contract on July 1, 2017 for CONSULTANT to provide a variety of on-call engineering support services to the City’s Utilities Department, including 60kV breaker studies, 60kV, 115kV or 230kV interconnection studies, customized relay coordination studies, support for protection equipment upgrades, and staff training. B. On June 7, 2018 the City’s Colorado Power Station Transformer (COP-2) was damaged by a bird strike, and on October 15, 2018 Council approved Contract C19173185 with Siemens Industry, Inc. to replace COP-2 (Staff Report Id #9562). C. The need to replace COP-2 presented the City’s Utilities Department an opportunity to improve the resiliency of the City’s transmission system by installing a high voltage gas circuit breaker (GCB-2) with the replacement of COP-2, and on April 1, 2019 Council approved Contract C19184153 with Burns & McDonnell Engineering Company, Inc. to purchase and install the high voltage circuit breaker (Staff Report Id #9912). D. The Parties now wish to amend Contract S17166321 with CONSULTANT to increase the contract amount for the 3rd and final year of the Contract to fund engineering support services associated with the unforeseen need to replace COP-2 and install the associated high voltage gas circuit breaker. The original Contract’s Scope of Work covers the necessary services and tasks, but the contract amount is insufficient to cover the unplanned replacement of COP-2. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this First Amendment, the Parties agree: SECTION 1. “Section 4. NOT TO EXCEED COMPENSATION” is hereby amended to read as follows: “SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“SCOPE OF SERVICES”), and reimbursable expenses, shall not exceed Eighty Five Thousand Dollars/year ($85,000/year) for the first two years, and One Hundred Sixty Thousand Dollars/year ($160,000/year) for the third year, for a Not to Exceed amount of Three AMENDMENT ONE 2 of 2 6055243 Hundred Thirty Thousand ($330,000). CONSULTANT agrees to complete all tasks in the SCOPE OF SERVICES, including reimbursable expenses, within this amount. The applicable rates and schedule of payment were established when the parties entered into the initial contract on July 1, 2017 and have not changed. 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. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization from the CITY. Additional Services shall mean any work that is determined by CITY. 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 have by their duly authorized representatives executed this First Amendment on the Amendment Effective Date. CITY OF PALO ALTO ____________________________ City Manager or designee APPROVED AS TO FORM: _____________________________ Assistant City Attorney SOUDI CONSULTANTS INC. By:___________________________ Name:_________________________ Title:________________________ City of Palo Alto (ID # 10603) City Council Staff Report Report Type: Consent Calendar Meeting Date: 9/9/2019 City of Palo Alto Page 1 Summary Title: Approval of Amendment No. 1 with PSI Inc for Critical Communications Support Title: Approval of Amendment Number 1 to Contract Number C16160578 With Public Safety Innovation (PSI) to add $100,000 for a new Not-to-Exceed Amount of $350,000 to Provide Additional Services to the Office of Emergency Services for Critical Communications Support From: City Manager Lead Department: Office of Emergency Services Recommended Motion Staff recommends that Council consider the following motion: To authorize the City Manager or his designee to execute Amendment Number 1 to Contract No. C16160578 with Public Safety Innovation (PSI) to add $100,000 for a new Not-to-Exceed amount of $350,000 to provide additional services to the Office of Emergency Services (OES) for Critical Communication Support. Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute Amendment Number 1 to Contract No. C16160578 with PSI to add $100,000 for a new Not-to-Exceed amount of $350,000 to provide additional services to the Office of Emergency Services for Critical Communication Support. Background The City of Palo Alto engages with PSI to provide maintenance for specialized emergency response vehicles under the purview of OES. This includes the Mobile EOC (Freightliner), the OES Director’s Command Vehicle (Ford F-250), and Support Vehicle (Ford F-550), as well as supporting other specialized equipment including the Public Works Mobile Department Operations Center Trailer, an OES Incident Command Post trailer, and other emerging alternative power projects. Discussion City of Palo Alto Page 2 The original contract executed on 29 February 2016 apportioned $250,000 over five years, ending on 28 February 2021. OES has expended the majority of the funds available in this purchase order by increasing systems and capabilities such as the development of a Public Works Mobile Department Operations Center vehicle and an all-electric utility terrain vehicle (UTV); but also by improving the existing fleet of vehicles with lifecycle replacement of components and enhancements that increase their resiliency and functionality. Additional services are required for planned projects and efforts , while also providing scheduled as well as unscheduled maintenance services on specialized components and sub-systems of this fleet of equipment over the remaining period of this contract. Resource Impact Funding for the additional services in Amendment Number 1 is available in the OES operating budget for FY 2020. Funds for remaining term of the contract in FY 2021 are contingent upon Council approval of the budget for that year. The department would return to Council if a budget amendment is needed in the future. Environmental Review These services do not constitute a project for the purposes of the California Environmental Quality Act. Attachments: • Amendment No1 to Contract C16160578_Contractor Signature 1 Revision July 20, 2016 AMENDMENT NO. 1 TO CONTRACT NO. C16160578 BETWEEN THE CITY OF PALO ALTO AND PUBLIC SAFETY INNOVATION, INC. This Amendment No. 1 ( this “Amendment”) to Contract No. 16160578 (“Contract”) is entered into September 30, 2019, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and PUBLIC SAFETY INNOVATION, INC., a California S-Corporation, located at 9910 Horn Road, Suite 1, Sacramento, CA 95827 (“CONSULTANT”). R E C I T A L S A. The Contract was entered into between the parties on March 31, 2016 for the provision of providing a critical emergency response (Command, Control, Computer, Communications) C4I system for the City’s Office of Emergency Services, as detailed therein; and B. The parties wish to amend the Contract to increase the not to exceed maximum compensation by One Hundred Thousand Dollars ($100,000.00), to a new total not to exceed amount of Three Hundred Fifty Thousand Dollars ($350,000.00), as detailed in this Amendment. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean contract no. 16160578 between CONSULTANT and CITY, dated February 29th, 2016. b. Other Terms. Terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 4, “NOT TO EXCEED COMPENSATION,” of the Contract is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Three Hundred Fifty Thousand Dollars ($350,000.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions DocuSign Envelope ID: 60C85995-D834-45F2-AEDB-53543FEF51C4 2 Revision July 20, 2016 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 3. Legal Effect. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are hereby fully incorporated herein by this reference. DocuSign Envelope ID: 60C85995-D834-45F2-AEDB-53543FEF51C4 3 Revision July 20, 2016 SIGNATURE OF THE PARTIES 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) APPROVED AS TO FORM: City Attorney or designee (Contract over $25k) [ CONSULTANT ] Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: DocuSign Envelope ID: 60C85995-D834-45F2-AEDB-53543FEF51C4 Chuck Schuler President / CEO CTO Marek Lechowski City of Palo Alto (ID # 10633) City Council Staff Report Report Type: Action Items Meeting Date: 9/9/2019 City of Palo Alto Page 1 Council Priority: Grade Separations Summary Title: Revised Recommendations for Rail Blue Ribbon Commission Title: Revised Recommendations for City Council Direction on Establishment of a Rail Blue Ribbon Commission to Advise the City Council on the Selecti on, Funding, and Support for Grade Separation Projects, and Possible Further Direction on the Role and Structure of the Expanded Citizen Advisory Panel From: City Manager Lead Department: City Manager Recommendation Staff recommends that the City Council provide direction to staff on establishment of a Rail Blue Ribbon Committee (“RBRC”) to supplement current community engagement and develop recommendations to the City Council on the selection, funding plan, and strategies for local and regional support of rail grade separations. Council may also provide additional direction on the role of the Expanded Community Advisory Panel (“XCAP”). Background This report replaces report #10572, continued from the City Council meeting on August 19, 2019. Palo Alto is proactively working to address a critical impending need – maintaining crosstown access and safety – given the ongoing Caltrain electrification project and expected increasing frequency of train preemption at Charleston Road, Meadow Drive, Churchill Avenue, and Palo Alto Avenue1. Given that addressing this need requires multiyear planning and construction of grade separations with costs in the hundreds of millions, the effort to date has been an extensive and complex technical and community planning process. 1 The Council has directed that Palo Alto Avenue be removed from this decision making process and addressed in a separate process focused on the Downtown area. City of Palo Alto Page 2 The complexity of the decision-making ahead is driven by numerous factors, such as: • Localized and Neighborhood Impacts – All grade separation options are major construction projects that have a wide range of localized impacts. The existing Community Advisory Panel (CAP) has been instrumental in ensuring that the technical analysis of options addresses the issues of concern in a manner that can be clearly understood by neighbors. • Physical and Engineering Constraints – The City has engaged AECOM, a leading engineering consultant, in the technical evaluation of options. Working with City staff, AECOM is currently evaluating options that can meet Caltrain operating requirements and other engineering criteria within the tight physical constraints of each crossing. • VTA Funding Decisions – Santa Clara County’s 2016 Measure B provides $700 million for grade separations in Palo Alto, Mountain View, and Sunnyvale. VTA has begun the process of implementing Measure B across all funding programs, and establishing criteria for allocation to each city. The amount and timing of Palo Alto being able to access these funds is unclear, and represents a competitive environment given interests among the cities as well as other VTA funding priorities that at some point could threaten the fulfillment of Measure B’s commitment to grade separation funding. • Caltrain Long-Range Plans and Approvals Required – Caltrain is currently undertaking a long range business plan, identifying operational, financial, and governance considerations for its long term sustainability. Caltrain’s role in the completion of grade separation projects, of which there may be 42 along the corridor, is unclear and will impact the cost and timing of construction, as well as ultimately requiring Caltrain approval for all grade separation projects. • Local Funding Options Under Consideration – The City Council Finance Committee has initiated evaluation of possible local funding methods such as a business tax for a portion of the funding needed for grade separations as well as other needs. State law limits cities’ ability to place local tax measures to council election cycles, which means the City can only advance a measure in November 2020 or 2022. • Criticality of Construction Management – After local decisions are made on preferred alternatives and funding, cooperation agreements will be required between the City, VTA, and Caltrain that define roles and responsibilities through environmental clearance, final design, and construction. As multiple public works projects that will extend over several years, it will be critical for these agreements to reflect a commitment to minimizing the disruption and other impacts that such major construction could have throughout Palo Alto. City of Palo Alto Page 3 Given these complex and interrelated considerations, the City Council has expressed an interest in revisiting the role of a community working group to support development of a longer term strategy for the decision-making needed on rail grade separations. Discussion To date, the City has relied on a Community Advisory Panel (CAP), recently expanded and referred to as the Expanded Community Advisory Panel (XCAP), to provide neighborhood-level feedback to the technical analysis of grade separation options. The XCAP has ensured that the grade separation options being considered are evaluated in a comprehensive and balanced manner that addresses neighborhood concerns, as well as presented to the community in a manner that is clear and supports resident engagement. Given this role, the XCAP is advisory to the City Manager and comprised of community members selected by staff. The XCAP is not subject to Brown Act rules nor Fair Political Practices Commission (FPPC) conflict of interest screening. Current participants on the XCAP include residents from various neighborhoods: Greg Brail, Phil Burton, Tony Carrasco, Inyoung Cho, Megan Kanne, Larry Klein, Patricia Lau, Nadia Naik, Keith Reckdahl, and David Shen, as well as a few organizational representatives:, Barbara Best (PAUSD), Adina Levin (Friends of Caltrain) Billy Riggs (PTC), and Judy Kleinberg (Chamber of Commerce). The XCAP provides invaluable input to staff on the development and communication of highly technical and potentially contentious issues. XCAP members have also dedicated significant personal time over the past year to meet with neighbors and increase awareness and understanding of the options and complex tradeoffs that must be considered in the decisions ahead for the city. While on June 24 the City Council approved an amendment to the contract with AECOM to continue the selection of preferred grade separation alternatives (Report #10463), the city manager acknowledged and councilmembers expressed interest in a more comprehensive community engagement approach. This included questions regarding the XCAP and revisiting an advisory role directly to the City Council. Recognizing the range of issues involved with the work ahead, the council has expressed interest in a more robust approach to support not only the selection of alternatives, but also developing the community support needed to successfully obtain voter approval on a local funding measure as well as the advocacy needed to ensure regional and other external funding. In order to accomplish this goal, staff has developed an option for the City Council to consider: establishing a new panel to directly advise the Council on grade separation decisions, with consideration to the community-wide benefits and impacts, local and regional political considerations, and financing strategy for implementation. For City of Palo Alto Page 4 discussion, we refer to this new panel as the “Rail Blue Ribbon Commission (RBRC).” This reflects a connection to the successful model used several years ago with an Infrastructure Blue Ribbon Commission (IBRC) for the development of recommendations that led to the Infrastructure Plan projects approved by Palo Alto voters and currently being delivered throughout the city. The goal of the RBRC would be to provide the City Council with strategic recommendations that recognize the interplay of issues that range from neighborhood-specific concerns with grade separation options to the need for citywide voter support and the regional competition for funding and project commitments. The decisions on whether to proceed with an RBRC, its role and composition, relationship to the XCAP, or replacing the XCAP is entirely within the discretion of the City Council. The City Council’s direction, however, may have implications on the timeframe in which products can be expected as well as who can participate on the RBRC. In order to provide a foundation for the City Council’s decision, this report elaborates on the rationale for staff’s recommendation that the RBRC be established as an additional advisory body, distinct from the XCAP, in its role as advisory to the City Council. Staff has developed this proposal in response to the City Council’s interest in a more robust community engagement process leading to City Council decisions on preferred grade separation alternatives and funding strategies. In concept, decision-making on grade separation alternatives can be described as involving three overlapping, yet distinguishable phases: ➢ Understanding the Options – Through engineering analysis and stakeholder input, we have been building an informed understanding of grade separation options at Charleston Street, Meadow Road, and Churchill Avenue, as well as likely implications for nearby streets such as Embarcadero Road. Effectively building this understanding has involved translating engineering concepts into layperson terms, as well as understanding sensitivity to certain options leading to the development of others. With the guidance of the CAP/XCAP, this has been an iterative (arguably “context sensitive”) approach to the development and evaluation of options. ➢ Community Conversations – Our understanding of the options and ability to adequately communicate potential impacts has informed community feedback. In some cases, recognition of the likely negative impacts of particular options has resulted in City Council decisions to discontinue their evaluation. This was the case with the citywide tunnel option. The upcoming completion of conceptual engineering for all the remaining options will better inform community discussion of tradeoffs and priorities among established decision-making criteria. ➢ Decision-making – The City Council will ultimately make decisions to advance preferred alternatives to the next phase of development, detailed engineering and environmental review, representing multimillion dollar investments. These decisions City of Palo Alto Page 5 will take into account community concerns among the options, as well as recognize that funding will need to be secured, and that support and approvals will be required from VTA and Caltrain, among others, for the projects to proceed. Applying these phases, to date the CAP/XCAP has been instrumental in the first phase – ensuring that public engagement material is clear and effective. The CAP/XCAP has also been a forum for some community feedback, helping to ensure that our understanding of options reflects the concerns of specific neighborhoods affected by nearby neighborhoods – entering into the second phase. The XCAP has not, however, taken on a decision-making role by recommending for or against particular options. As proposed, the RBRC would be additional to the XCAP and distinct in the following aspects: • The RBRC would not evaluate technical aspects of grade separation options; instead it would rely on the understanding of options developed by staff and the XCAP. Notably, staff has not assumed that our engineering consultant contract would be amended to support the RBRC. While the City Council would set the RBRC’s specific charge, staff envisioned the RBRC would provide the primary venue for community feedback on both grade separation and funding strategy options, leading to the RBRC’s formulation of recommendations to the City Council. • The RBRC would be selected by and report directly to the City Council, and as such be subject to Brown Act and, depending on its structure and role, applicable conflict of interest rules. This could effectively preclude individuals with real estate or financial interests potentially affected by the alternatives or funding strategies. RBRC meetings would be open to the public and supported by staff. • The RBRC would provide advice to the City Council that reflects an understanding of the political environments locally and regionally, and the advocacy viability of options in light of these considerations. • The RBRC would require some parameters to conduct its business, such as selection of a chair/vice chair and voting on recommendations. Staff recommends that the XCAP be retained, through completion of the AECOM contract, in order to continue its valuable role ensuring that neighborhood perspectives are reflected in understanding the options – the development and evaluation of the grade separation alternatives. It is likely that there would be little overlap between the XCAP completing its work and the RBRC beginning its work. Should the City Council approve proceeding with the RBRC, staff will review and revise the current community engagement workplan to reflect incorporation of the RBRC into the City Council’s decision-making process. Councilmembers have also expressed an interest in revisiting the role of the XCAP, potentially modifying its role to be advisory to the City Council and enabling election of City of Palo Alto Page 6 a chair and vice chair. Staff will respond to proposals as needed, recognizing that modifying the XCAP’s role could have schedule and cost implications, as well as affect the relationship between the RBRC and XCAP. The timeframe for the RBRC to conduct its work remains at the City Council’s discretion. In order to cleanly transition from the understanding of options to decision-making, the XCAP could proceed with its workplan to be completed prior to the end of 2019, while RBRC organization to proceed with the goal of engaging this fall with a goal of much of its work completed in the spring of 2020. With the basic concepts outlined above, staff originally recommended that the RBRC be comprised of former Palo Alto mayors or city councilmembers. These individuals have direct experience in balancing the complex and competing issues presented here, but would also, as a body, demonstrate to regional stakeholders the significance of the grade separation issue to Palo Alto. However, recognizing that there appeared to be little interest in pursuing this approach at the August 19th City Council meeting, alternative approaches can be pursued such as an application process with stated desirable characteristics. Subject to City Council approval to pursue this approach, staff would also recommend that the City formally request the following organizations actively participate in RBRC discussions in a non-voting capacity: • Palo Alto Chamber of Commerce, • Stanford University, • Caltrain, • VTA, and • Silicon Valley Leadership Group; as well as any other organizations the Council feels essential to informed decision- making and setting the groundwork for subsequent steps. The willingness of these organizations to participate with the RBRC will likely depend on their role as defined, as well as the number and duration of meetings. Staff proposes that these organizations be invited in order to provide direct input to Palo Alto’s decisions. While recognizing that their input would not commit any organization to supporting the resulting decisions, this would ensure that each is given a substantive opportunity to provide input to the decision-making process. If the City Council approves this approach, staff requests City Council direction on two key elements: (1) the RBRC’s scope of assignment, and (2) its composition and selection of individuals. Scope of RBRC Assignment The core role of the RBRC would be to advise the City Council on the selection of grade separation alternatives. What may be less certain is the role the RBRC should play in City of Palo Alto Page 7 the development of a funding strategy for implementation. At one level of involvement, the RBRC’s role could be limited to making recommendations on dollar amounts that should be targeted for city ballot measure funding, without regard to the type of measure. At a higher level, the RBRC could be tasked with recommending a dollar target, timing, and parameters of a city ballot measure (such as a general or dedicated business tax) as well as next steps for regional and other external funding. Similar to the prior IBRC, the City Council should provide the RBRC with a specific charge and/or questions to address. A greater level of RBRC involvement in development of the funding strategy would likely involve the RBRC in the design of polling as well as a community awareness campaign leading to decisions on a ballot measure. Composition and Selection of RBRC Members The selection process and total number of members on the RBRC will drive the magnitude of staff effort required to organize and support the RBRC. As such, staff would recommend the group consist of 10-15 voting members; however, staff will support whatever composition the City Council deems needed. Options for identifications of individuals to serve could include: • each Councilmember selecting 1-2 individuals to serve, • referral to the City Manager to return to council with a recommended slate of members, • an open application process with candidates to be interviewed by the City Council, or • some combination of the above. Staff requests City Council direction on the approach most appropriate to advance the City’s interests. Timeline, Resource Impact, Policy Implications The current timeline for the evaluation of grade separation alternatives is designed to support a City Council decision later this calendar year. If the City Council approves the establishment of an RBRC as proposed, the current workplan could proceed to the point of identifying all the relevent considerations for alternatives, and possibly elimination of some alternatives, while keeping open the final decision on preferred alternatives. The RBRC could then use this information in the formulation of its recommendations through Spring 2020 in anticipation of a potential city (and other regional transportation ballot measures) in November 2020. Other timing considerations include the ongoing decision-making processes at VTA and Caltrain, recognizing that Palo Alto will be in a better position to advocate for funding allocations once locally preferred alternatives are selected. In addition, the Palo Alto Avenue crossing at the northern city limit is also on hold with City of Palo Alto Page 8 plans for a comprehensive study of downtown/University access to begin at a later date. Environmental Review The decision to establish a Rail Blue Ribbon Committee is not a project as defined by the California Environmental Quality Act (CEQA). Attachments: • Attachment A - Councilmember Questions ATTACHMENT A Councilmember Questions Following August 19, 2019 Council Meeting Questions from Council Member Lydia Kou 1. Has City Staff actually surveyed the former electeds and identified those who are willing and able to serve on the RBRC? Staff has not surveyed former elected officials; proposal dropped. 2. Why do you feel the former electeds would have more knowledge about rail and grade separations than the present electeds? Proposal dropped. 3. How can two groups, both focused on the same objective, be more productive than a single group? How can the inevitable duplication of effort, finger-pointing, “jurisdictional” disputes, and buck- passing be managed? Please see revised report. 4. Why is formation of a separate group preferable to simply adding people with the requisite skills to the XCAP? Please see revised report. 5. Among former electeds, are any known to have detailed expertise with Caltrain operations? With passenger rail planning in general? Proposal dropped. 6. Does the Staff envision the proposed group, RBRC, addressing Palo Alto Ave as well, or just Meadow, Charleston and Churchill? Staff envisions the XCAP and the RBRC to advise on Meadow, Charleston and Churchill, consistent with prior Council direction. 7. Why waste money and time on a XCAP meeting (September 5th) that is driving towards a fake charette? If we are going to go through all this money and effort, it should at least be done well. Please see description of XCAP role in revised report. 8. The next XCAP meeting, the 3rd one, still has unanswered questions or rather conflicts with Council direction as I believe the XCAP reports to council and it should have chairs/co-chairs. Council may provide further direction on the XCAP role. 9. How can voters hold members of the RBRC responsible for their role in these decisions? Decisions will ultimately be made by the City Council. The screening and meeting rules described in the revised report is intended to ensure RBRC advice to the City Council avoids conflicts of interest. 10. Isn’t it the role of the Council to lend their support to the resulting recommendations, to add the necessary gravitas to these recommendations? The RBRC as proposed would support City Council decisionmaking. 11. This is a process I question as to its public meeting violation of the Brown Act and transparency to the general public. Comment noted. 12. Discussion for both the RBRC and XCAP scope should be discussed on Sept. 9th Council meeting. Council may provide further direction on the role of both advisory bodies. Questions from Council Member Tom DuBois 1. Is it true VTA disbanded the Measure B TAC of northern cities? Did they claim it was too expensive? VTA maintains a working group for cities included in the Measure B grade separation category and convenes meetings as VTA determines appropriate. 2. With Caltrain adopting its business plan, do we need to plan for 4 tracks at Cal Avenue station? Will we direct the XCAP and RBRIC to consider 4 tracks in grade separation alternatives in South Palo Alto. Caltrain staff has characterized four-track scenarios as a consideration that should not be precluded in grade separation planning, but not specifically addressed. As such this is not a part of Palo Alto’s scope of work. 3. We’ve asked Stanford and Caltrain to participate several times before - why do we think they'll participate in the RBRIC? Why is this different? Prior invitations were to participate with the XCAP, where expectations of their ability to engage real-time on engineering and cost issues were not practical. As proposed, invitations to participate with the RBRC would request engagement on policy issues. Please see revised report for other considerations. 4. Guidance on conflict of issues The City Attorney will advise the Council on specific issues as they are identified. 5. It appears from the staff report that the XCAP will represent community issues and the RBRIC will look at regional cooperation/regional funding. Is that the intent? Please see revised report. 6. In June before passing the AECOM contract we discussed bringing the XCAP back to council in August to clarify that Council's previous motion was to have them report back to both the CM and Council, and to be able to select a chair/co-chair to represent them. Will you also include this followup when RBRIC returns to Council? Council may provide further direction on the role of both advisory bodies. 7. Does the scope of the Rail Blue Ribbon Committee include all needed rail improvements including necessary station improvements? Or is it the Grade Separation committee? Will the RBRIC seek funding for Palo Alto Avenue as well? Staff envisions the RBRC to advise on Meadow, Charleston and Churchill, consistent with prior Council direction. 8. The rules around conflict of interest are unclear. The staff report suggested that the XCAP will not be subject to conflict of interest rules but the RBRIC will - is that still the intent? Please see revised report. As advisory to the City Manager, the XCAP would not be subject to conflict of interest and Brown Act rules. As advisory to the City Council, the RBRC would be subject to the Brown Act. Council direction on role will determine applicable rules regarding conflicts of interest. Questions from Council Member Greg Tanaka 1. How will this integrate into XCAP? Please see revised report. 2. Could this be sent to Policy and Services for better vetting so that this committee can work though some of these conflicting concerns? Council will direct next steps. City of Palo Alto (ID # 10177) City Council Staff Report Report Type: Action Items Meeting Date: 9/9/2019 City of Palo Alto Page 1 Summary Title: P&S Recommendation to Accept Status Updates of Audits Title: Policy and Services Committee Recommends the City Council Accept the Status Updates of the Audits of the Citywide Cash Handling and Travel Expense; Cable Franchise and Public, Education and Government (PEG) Fees; Continuous Monitoring: Overtime; Continuous Monitoring: Payments Audit; and Inventory Management From: City Manager Lead Department: Administrative Services Recommendation The Policy and Service Committee and Staff recommend the City Council acceptance of the status updates of the Audits of the Citywide Cash Handling and Travel Expense; Cable Franchise and Public, Education, and Government (PEG) Fees; Continuous Monitoring: Overtime; Continuous Monitoring: Payments Audit; and Inventory Management. Background At its meeting on June 11, 2019, the Policy and Services Committee approved by a vote of 2-1 to recommended that the City Council accept the status reports (status updates as of April 2019). Since the item did not receive a unanimous vote it, per the City’s practice, this item was placed as an action item for City Council discussion. The staff report from June 11, 2019 including the status of audit recommendations is online located here. Minutes from the meeting are also available online here. Discussion At the June 11 meeting discussion focused on the extended period of time it has taken to address the outstanding audit recommendation from the Citywide Cash Handling and Travel Expense audit from 2010 related to reimbursements for nighttime meeting meals. The one outstanding audit recommendation reads as follows: Recommendation 6. ASD should review the nighttime meeting reimbursement policy. If the City decides to maintain this practice, ASD should report the amounts as income on employee City of Palo Alto Page 2 Form W2s to conform to Internal Revenue Service requirements. In addition, ASD should review other types of meal expense to ensure any reportable amounts are included on employee Form W-2s. Since the audit was issued in November 2010 staff has completed 10 of the 11 recommendations. The original audit is available on the City’s website via this link. Staff’s focus has been on completing the higher priority audit recommendations related to cash handling procedures and the travel policy. Stemming from the cash handling audit, staff also embarked on completing an overall review of the City’s credit card handling procedures as they relate to the Purchase Card Industry (PCI) compliance. This offshoot involved numerous staff across the City and outside consultants over a two-year span. Recommendation 6 related to nighttime meals reimbursement has taken an extended period of time to complete due to the following factors: the recommendation was among the lower priorities from the audit and was delayed while staff completed the other 10 recommendations; the low dollar amount and low count of nighttime meeting meals made it a lower risk; the relative high complexity of manually capturing nighttime meals expense and reflecting them on the employee’s paystub and Form W2; deliberations with the City Auditor and the City Manager’s Office about whether any other meals fall in the taxable category; other required changes to the overall business meals policy; and staff turnover. Nighttime meeting meals include the $20 received by management employees and overtime meals when received by SEIU staff attending night meetings. These meals are considered a taxable fringe benefit by Internal Revenue Service (IRS) regulations and must be taxed as compensation on an employee’s paycheck and reported on Form W2. There are approximately 3-5 employee nighttime meal reimbursements per week at no more than $20 per meal for management employees. Most business meals at the City are not considered taxable meals by IRS regulations. IRS regulations (Publication 15-B) exclude from taxable wages meals that are “furnished on your business premises for your convenience” or meals included as “de minimis”. De minimis meals are those that are occasional meals that have “so little value (taking into account how frequently you provide meals to your employees) that accounting for it would be unreasonable or administratively impracticable”. Meals that fall into this category include light refreshments at all-day training events and the annual employee appreciation event. As stated in the Attachment C staff has developed a form and draft policy for tracking and reporting meals expense on employee W2s. The draft policy is being reviewed by departments. Once the review is completed staff expects to implement the policy citywide via training sessions with employees. Staff expects to start tracking employee nighttime meal reimbursements by January 2020. Open audit recommendations from other audits are detailed in the June 11 report. Many of these are linked to the upcoming upgrade of the SAP enterprise resource planning system (ERP) City of Palo Alto Page 3 and the ongoing discussion with the Media Center on the use of PEG fee revenue. Below is a summary of the status of open recommendations: Audit Status Citywide Cash Handling and Travel Expense (issued 9/2010) Staff is in the final stages of implementing an updated meals policy that will include accounting for nighttime meals as taxable wages on employee W2s as required by the Internal Revenue Services (IRS). Staff expects this recommendation to be completed before the end of the year. Inventory Management (issued 12/2013) All recommendations complete. Cable Franchise and PEG Fee (issued 6/2016) As directed by Council staff is working with our joint action partners and the Media Center to determine the best approach to expending public, education, government (PEG) fee revenue and providing financial support to the Media Center. The most recent update to Council was provided in June (Report ID 10396). Staff expects to have a new agreement with the Media Center for Council review before the end of the year that reflects the new approach on PEG revenue. Continuous Monitoring: Payments (issued 4/2017) Staff is discussing alternative approaches to completing these recommendations with the City Auditor and expects to have these completed in early 2020. Continuous Monitoring: Overtime (issued 9/2017) Staff is working with departments to develop a process to report overtime citywide and take corrective action as appropriate. Staff expects this recommendation to be closed in early 2020. Regarding the open recommendations related to the ERP upgrade, staff is in discussion with the City Auditor’s Office to complete the recommendations via an alternative approach than originally specified. This is due to the fact that the City will remain on the SAP platform rather than shifting to a new platform. The alternative approaches that ASD will review with the City Auditor should enable these recommendations to be completed in time for the next scheduled update to the Policy and Services Committee in early 2020. This will be sooner than waiting for the upgraded SAP platform to complete these recommendations. Resource Impact The implementation of the audit recommendations thus far have been handled with existing resources limiting the pace of implementation as well as the absorption of additional duties and processes as requested in the findings. Policy Implications The implementation of the audit recommendations is consistent with existing city policies. City of Palo Alto (ID # 10524) City Council Staff Report Report Type: Informational Report Meeting Date: 9/9/2019 City of Palo Alto Page 1 Summary Title: National Emergency Preparedness Month Title: Proclamation Declaring the Month of September to be National Emergency Preparedness Month From: City Manager Lead Department: Office of Emergency Services Attachments: • Attachment A: Proclamation Declaring National Emergency Preparedness Month Proclamation Emergency Preparedness Month – September 2019 WHEREAS, September is National Preparedness month for all hazards: natural disasters, technological and accidental critical incidents, and human-caused threats such as major crime and terrorism; and WHEREAS, the City of Palo Alto wishes to support building resilience in our community and, even though we do not know when or where disasters and emergencies may strike, we do know that we can do more to be prepared for the unexpected; and WHEREAS, many things compete for our attention these days and, while it may seem overwhelming or unimportant to get prepared, we know from experience that taking steps to prepare ahead of time can help you respond better and stay safer during crisis; and WHEREAS, the time and effort you invest now in preparing will help you and your family navigate through and recover quickly from what may come our way at the most unexpected moment. The time to act is now, before the next disaster strikes; and WHEREAS, the City of Palo Alto's Office of Emergency Services (OES) supports our Emergency Services Volunteer (ESV) program which includes Amateur Radio (ham) operators, Block Preparedness Coordinators (which includes Neighborhood Watch crime prevention program), and our Community Emergency Response Team (CERT). There is a role for neighbors, businesses, and non-government organizations in volunteering or otherwise helping to improve our community's resilience. NOW, THEREFORE, I, Eric Filseth, Mayor of the City of Palo Alto on behalf of the City Council do hereby declare the month of September to be Emergency Preparedness Month in the City of Palo Alto, and call upon all citizens of the Palo Alto Community to join together as we support this annual National Preparedness Month sponsored nationally by the Department of Homeland Security and by taking steps to be prepared, starting by visiting www.cityofpaloalto.org/preparedness. Presented: September 9, 2019 ______________________________ Eric Filseth Mayor City of Palo Alto (ID # 10600) City Council Staff Report Report Type: Informational Report Meeting Date: 9/9/2019 City of Palo Alto Page 1 Summary Title: Informational Report Regarding the ROTH Building Title: Informational Report Regarding the Status of the Roth Building and Partnership With the Palo Alto History Museum From: City Manager Lead Department: Administrative Services Recommendation No Council action is required. This is an update as to the status of staff work in partnership with the Palo Alto History Museum (PAHM) regarding the Roth Building at 300 Homer Avenue. Background Last December (Report #9767) the City Council reviewed the status of the Roth Building project and directed staff, over the next six months, to validate the PAHM’s recent fundraising milestone of $1.75 million (the target set by Council in 2017). Council also directed staff to update the option and lease agreement, which had not been updated since 2007. On December 17, 2018 Council approved the following motion (9-0): A. Extend the deadline by six months for the Palo Alto History (PAHM) to achieve the goal of raising $1.75 million as set by Council in 2017 (to allow for validation of PAHM fundraising); B. Direct Staff to revise and update the lease agreement between the Palo Alto History Museum and return to City Council in six months for approval; C. Adopt a Resolution designating the Roth Building as a park and committing to use the Roth Building consistent with park use for a period of no less than 20 years and making other representations to apply for historic preservation grant funds from the County of Santa Clara to rehabilitate the Roth Building roof; D. Transfer the $665,000 of Sea Scout Building Transferable Development Rights (TDRs) proceeds to the Roth Building Rehabilitation Reserve Fund; and E. Direct Staff to return to Council to dedicate $65,000 from the Council Contingency Fund to the Sea Scouts. City of Palo Alto Page 2 Discussion Staff anticipates additional time beyond the initial six-month timeline is needed and expects to complete both the validation of fundraising efforts as well as a revised option and lease agreement to the City Council for review before the end of the calendar year. Below are more detailed updates on the progress of staff work. Fundraising Goal Auditing Administrative Services Department (ASD) has been working to validate PAHM’s fundraising, however this task is not complete. To assess the $1.75 million fundraising target, staff has seen documents and records indicating that the PAHM has approximately $997,000 in cash at financial institutions along with $825,000 in pledges. The pledges consist of a combination of written and verbal commitments and some include conditions. In addition to the approximate $1.8 million in fundraising since 2017 raised to meet the 2017 Council target, the PAHM reported that it had raised $1.4 million prior to 2017 which has not been validated by staff. The 2007 lease option agreement between the City and PAHM (which expired in 2018) included a requirement for staff to review and validate that required fundraising targets were met before PAHM could exercise the option, and staff has been proceeding consistent with that provision. Staff has determined that assistance from an outside firm with experience and expertise in donations and fundraising audits and review is needed to assist staff in the review and certification of fundraising achievements as reported by the PAHM. Staff anticipates expanding the scope of the Council’s December direction and utilizing a firm to validate the entire fundraising amount of approximately $3.2 million and provide an assessment of the likelihood of collecting the written, verbal and conditional pledges. An informal solicitation to onboard a firm is in progress. Option and Lease Agreement Staff in ASD and the City Attorney’s Office with input from the Public Works, Planning and Development Services departments have been reviewing and updating the Roth Building lease and option agreement from 2007. This work has focused on making the agreements up to date with project milestones since 2007, building in terms to provide for a successful public private partnership (based on experience with other recent partnerships), and updating to ensure the agreement is in compliance with all current laws and regulations as appropriate. This task needs more time to complete the draft agreements and to coordinate with PAHM’s legal representative, who has not yet been identified by PAHM. Other Updates The Council adopted a resolution designating the Roth Building as a park to satisfy County grant requirements. The City was successful in its grant application and was tentatively awarded approximately $102,000 in funds to assist in the roof replacement costs, pending final approval by the County Board of Supervisors schedule for late August. City of Palo Alto Page 3 Lastly, PAHM currently holds an approved building permit for the rehabilitation project (approved in February 2019). The building permit remains active and has been extended for six months through February 2020. Option Agreement Sections Referenced Above 4.11 Sufficient Funds: MUSEUM shall have satisfied CITY’s Director of Administrative Services (the “Director of Administrative Services”) that it has sufficient funds and/or financial commitments to implement the Project as approved by CITY. Should the development of the PROPERTY be performed in phases, the requirement of this Section 4.11 shall apply only to the Phase I improvements. 4.12 Sufficient Security to Complete Project: MUSEUM, in accordance with Section XII (TENANT'S ASSURANCE OF CONSTRUCTION COMPLETION) of the Lease, shall have furnished to the Director of Administrative Services satisfactory evidence that assures CITY sufficient financial security will be made available to complete construction of the Project, as set forth in the approved Resource Impact Contract costs will be necessary to support the fundraising review which are not currently funded. Once staff understands the full cost, they will review the ability to absorb these costs or return to the City Council for the appropriation of additional funds. Environmental Review This informational report is not a project under the California Environmental Quality Act (CEQA).