HomeMy WebLinkAbout2019-11-04 City Council Agenda Packet
City Council
1
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Monday, November 4, 2019
Special Meeting
Council Chambers
5:00 PM
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 Study Session With the Palo Alto Youth Council
Agenda Changes, Additions and Deletions
City Manager Comments 6:00-6:10 PM
Oral Communications 6:10-6:25 PM
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of
Oral Communications period to 30 minutes.
Minutes Approval 6:25-6:30 PM
2. Approval of Action Minutes for the October 21, 2019 Council Meeting
2 November 4, 2019
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Consent Calendar 6:30-6:35 PM
Items will be voted on in one motion unless removed from the calendar by three Council Members.
3.Approval of Amendment Number 1 to Contract Number C17166486
With Tanner Pacific, Inc. to Increase Maximum Compensation for a
Not-to-Exceed Amount of $2,240,000 for Continued Construction
Management Services for the Sludge Dewatering and Loadout Facility
Project, Capital Improvement Program Project (WQ-14001)
4.Approval of Amendment Number 4 to Contract Number S17165080
With Lexington Planning to add $114,440 for a Not-to-Exceed Amount
of $230,940 to Continue Work on Reviewing and Modifying Objective
Standards for Title 18
5.Adoption of a Resolution Approving Project Agreement Number 6 With
the Transmission Agency of Northern California and its Participating
Members for Regulatory Engagement in Participating Transmission
Owner Cases Before the Federal Energy Regulatory Commission for an
Initial 3-year Term; and Granting the City Manager or his Designee the
Authority to Approve Future Operational Amendments to the
Agreement
6.Approval to Execute two Change Orders With Design Space Modular
Buildings, Inc. Totaling an Additional $51,300 to Provide Additional
Needed Interior Detail and External Foundation Materials, Decking,
Skirting, and Related Installation Services for the Animal Shelter
Modular Building, for a new Total Not-to-Exceed Amount of $351,300;
and Authorization of Additional Change Orders Not-to-Exceed $35,130,
Funded From the Animal Shelter Renovation Capital Improvement
Program Project (PE-19002)
7.Appointment of Monique le Conge Ziesenhenne, PhD as Assistant City
Manager
Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
6:35-6:50 PM
8.TEFRA HEARING: Regarding Conduit Financing for the Bowman
International School Project Located at 4000 Terman Drive, and 693
Arastradero Road, Palo Alto; and Approving the Issuance of Revenue
Obligations by the California Enterprise Development Authority for the
Purpose of Financing and Refinancing the Cost of the Acquisition,
Development, Construction, Installation, Equipping and Furnishing of
Various Educational Facilities and Other Matters Relating Thereto
Q&A
Q&A
3 November 4, 2019
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6:50-7:30 PM
9A. PUBLIC HEARING: Adoption of Eight Ordinances That Repeal and
Adopt Various Sections of the Palo Alto Municipal Code Related to the
2019 California Building Code Update and Proposed Local
Amendments; including: (1) Repeal Chapter 15.04 of Title 15 and
Adopt a new Chapter 15.04 Incorporating the 2019 California Fire
Code With Local Amendments Including Title 24 of the California Code
of Regulations (CCR), Part 9; (2) Repeal Chapter 16.04 of Title 16
Related to Various Building Codes and Adopt a new Chapter 16.04
Incorporating the 2019 California Building Code With Local
Amendments Including Title 24 of the CCR, Part 2; (3) Repeal Chapter
16.05 of Title 16 Related to the Mechanical Code and Adopt a new
Chapter 16.05 Incorporating the 2019 California Mechanical Code With
Local Amendments Including Title 24 of the CCR, Part 4; (4) Repeal
Chapter 16.06 of Title 16 Related to the Residential Code and Adopt a
new Chapter 16.06 Incorporating the 2019 California Residential Code
With Local Amendments Including Title 24 of the CCR, Part 2.5; (5)
Repeal Chapter 16.08 of Title 16 Related to the Plumbing Code and
Adopt a new Chapter 16.08 Incorporating the 2019 California Plumbing
Code With Local Amendments Including Title 24 of the CCR, Part 5; (6)
Repeal Chapter 16.14 of Title 16 Related to the Green Building
Standards and Adopt a new Chapter 16.14 Incorporating the 2019
California Green Building Standards With Local Amendments Including
Title 24 of the CCR, Part 11, and Amend Section 16.12.035; (7) Repeal
Chapter 16.16 of Title 16 Related to the Electrical Code and Adopt a
new Chapter 16.16 Incorporating the 2019 California Electrical Code
With Local Amendments Including Title 24 of the CCR, Part 3; (8)
Repeal Chapter 16.18 of Title 16 Related to the Swimming and Spa
Codes and Adopt a new Chapter 16.18 Incorporating the 2018
International Swimming Pool and Spa Code With Local Amendments.
This Project is Exempt Under California Environmental Quality Act
(CEQA) Guidelines Sections 15061(b) and 15308
7:30-9:00 PM
9B. PUBLIC HEARING: Adoption of an Ordinance Repealing Chapter 16.17
of Title 16 (Building Regulations) Related to the California Energy Code
and Adopting a new Chapter 16.17 Incorporating the 2019 California
Energy Code With Local Amendments and Amendments to Title 24,
Chapter 6 of the California Code of Regulations, the Subject Ordinance
is Exempt From the California Environmental Quality Act (CEQA) in
Accordance With Guidelines Sections 15061 (b) and 15308
9:00-10:00 PM
10.Consideration of a Revenue Generating Ballot Measure Including
Review and Approval of Stakeholder Outreach and Initial Polling
MEMO
4 November 4, 2019
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Framework; Approval of an Exemption From Competitive Solicitation
Requirements for Selection of Polling Consultant Fairbank, Maslin,
Maullin, Metz & Associates; Approval of an Exemption From
Competitive Solicitation Requirements for Contract Number
C20177157 With Terris Barnes Walters Boigon Heath Inc., d/b/a TBWB
Strategies, for Stakeholder Outreach and Authorization for the City
Manager or his Designee to Enter Into This Contract With TBWB
Strategies; and Approval of a Budget Amendment in the General Fund
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.
5 November 4, 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 Cancellation November 5, 2019
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Informational Report
City of Palo Alto Investment Activity Report for the First Quarter,
Fiscal Year 2020
Public Letters to Council
Set 1
City of Palo Alto (ID # 10737)
City Council Staff Report
Report Type: Study Session Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: Study Session with Youth Council
Title: Joint Study Session with the Palo Alto Youth Council
From: City Manager
Lead Department: Community Services
Potential Topics for Discussion:
1. Introduction to the Palo Alto Youth Council (PAYC) Officers
2. Accomplishments from 2018/2019 School Year
3. Looking Forward to 2019/2020
4. Council Comments and Questions
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
November 4, 2019
The Honorable City Council
Attention: Finance Committee
Palo Alto, California
Approval of Action Minutes for the October 21, 2019 Council Meeting
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
• Attachment A: 10-21-2019 DRAFT Action Minutes (DOCX)
Department Head: Beth Minor, City Clerk
Page 2
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 5
Special Meeting
October 21, 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, Filseth, Fine; Kou arrived at 5:03 P.M., Tanaka
Human Relations Commission: Kralik, Lee, Regehr, Stringer
Absent: Kniss
Absent: Savage (HRC), Smith (HRC), Xue (HRC)
Closed Session
1. CONFERENCE WITH CITY ATTORNEY
Existing Litigation - 1 Matter
Authority: Government Code Section 54956.9(d)(1)
Eileen Staats v. City of Palo Alto
Santa Clara County Superior Court, Case No. 1:15-cv-284956.
1A. CONFERENCE WITH CITY ATTORNEY- ANTICIPATED LITIGATION
Authority: Government Code Section 54956.9(d)(2) and (e)(1)
Multiple Potential Cases, as Defendant – Potential Inclusion of Human
Resources and Equal Employment Opportunity Matters in Scope of
Police Auditing and Reporting Services.
MOTION: Mayor Filseth moved, seconded by Council Member Cormack to
go into Closed Session.
MOTION PASSED FOR AGENDA ITEM NUMBER 1: 6-0 Kniss absent
MOTION PASSED FOR AGENDA ITEM NUMBER 1A: 5-1 DuBois no, Kniss
absent
Council went into Closed Session at 5:07 P.M.
Council returned from Closed Session at 6:24 P.M.
Mayor Filseth announced no reportable action.
Council took a break at 6:24 P.M. and returned at 6:28 P.M.
DRAFT ACTION MINUTES
Page 2 of 5
City Council Meeting
Draft Action Minutes: 10/21/2019
Study Session
2. Joint Study Session With the Human Relations Commission.
NO ACTION TAKEN
Minutes Approval
3. Approval of Action Minutes for the September 23 and October 7, 2019
Council Meetings.
MOTION: Mayor Filseth moved, seconded by Council Member Cormack to
approve the Action Minutes for the September 23 and October 7, 2019
Council Meetings.
MOTION PASSED: 6-0 Kniss absent
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 4.
Council Member Cormack registered a no vote on Agenda Item Number 5.
Council Member Kou registered a no vote on Agenda Item Numbers 4 and 5.
MOTION: Vice Mayor Fine moved, seconded by Mayor Filseth to approve
Agenda Item Numbers 4-9.
4. Approval of Contract Number C20175282 With Anderson Pacific
Engineering Construction, Inc., in the Total Amount of $2,029,000 to
Construct the Secondary Clarifiers No. 4 and No. 6 Mechanisms
Replacement Project at the Regional Water Quality Control Plant -
Capital Improvement Program Project (WQ-19002); and Authorization
for the City Manager to Negotiate and Execute Change Orders for a
Total Not-to-Exceed $202,900.
5. Approval of Amendment Number 2 to Contract Number C18171717
With Perkins+Will, Amending the Scope of Services, Extending the
Term, and Increasing Maximum Compensation by $368,758 for a Total
Not-to-Exceed Amount of $1,137,826; and Approval of a Budget
Amendment in the General Fund.
6. Approval of Amendment Number 1 to Contract Number C19173514
With SP Plus, to add $150,000 for Expansion of the Valet Parking
Program to California Avenue Parking Facilities and a Total Not-to-
Exceed Amount of $1,050,000.
DRAFT ACTION MINUTES
Page 3 of 5
City Council Meeting
Draft Action Minutes: 10/21/2019
7. Approval of Fiscal Year 2019 Re-appropriation Requests to be Carried
Forward Into Fiscal Year 2020, and Budget Amendments in Various
Funds.
8. Resolution 9860 Entitled, “Resolution of the Council of the City of Palo
Alto Approving the Process for Executing Resource Adequacy Capacity
Purchases and Sales; Approving Standard Form Resource Adequacy
Confirmation Letters; and Delegating Authority to the City Manager to
Execute Resource Adequacy Purchases and Sales Under Established
Guidelines.”
9. Resolution 9861 Entitled, “Resolution of the Council of the City of Palo
Alto 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).”
MOTION PASSED FOR AGENDA ITEM NUMBER 4: 4-2 Kou, Tanaka no,
Kniss absent
MOTION PASSED FOR AGENDA ITEM NUMBER 5: 4-2 Cormack, Kou no,
Kniss absent
MOTION PASSED FOR AGENDA ITEM NUMBERS 6-9: 6-0 Kniss absent
Action Items
10. PUBLIC HEARING: Resolution 9862 Entitled, “Resolution of the Council
of the City of Palo Alto Establishing a new Residential Preferential
Parking (RPP) Program in the Old Palo Alto Neighborhood;” Approval of
Amendments to Contract Number C15156501 With SP Plus for Permit
Processing With Increased Compensation of $6,000, and Contract
Number C15156763 With Serco, Inc. for Parking Enforcement to add
Services for the Old Palo Alto RPP District With Increased
Compensation of $35,070.40; and Approval of a Budget Amendment in
the Residential Parking Permit Fund.
Public Hearing opened at 8:03 P.M.
DRAFT ACTION MINUTES
Page 4 of 5
City Council Meeting
Draft Action Minutes: 10/21/2019
Public Hearing closed at 8:10 P.M.
MOTION: Mayor Filseth moved, seconded by Vice Mayor Fine to adopt the
Resolution to implement the Old Palo Alto Residential Preferential Parking
(RPP) Program as a one-year pilot and:
A. Find the program exempt from review under the California
Environmental Quality Act (CEQA);
B. Resolution to implement the Old Palo Alto Residential Preferential
Parking (RPP) Program as a one-year pilot;
C. Approve and authorize the City Manager, or his designee, to execute
Amendment Number 5 to Contract C15156501 with SP Plus in the
amount of $6,000 for Additional Services for Parking Permits and
On-Site support for a total contract amount not to exceed $762,793;
D. Approve and authorize the City Manager, or his designee, to execute
Amendment Number 5 to Contract C15156763 with Serco, Inc. in the
amount of $35,070.40 for Parking Enforcement for a total contract
amount not to exceed $2,471,064.40; and
E. Amend the Fiscal Year 2020 Budget Appropriation Ordinance for the
Residential Parking Permit (RPP) Fund by:
i. Increasing the revenue estimate for Residential Parking Permit
operations by $14,000;
ii. Increasing the expenditure appropriation for Residential Parking
Permit operations by $41,000; and
iii. Decreasing the ending fund balance in the Residential Parking
Permit (RPP) Fund General Fund Budget Stabilization Reserve by
$27,000.
AMENDMENT: Council Member Kou moved, seconded by Council Member
XX to provide two free permits per each residence.
AMENDMENT FAILED DUE TO THE LACK OF A SECOND
MOTION PASSED: 6-0 Kniss absent
DRAFT ACTION MINUTES
Page 5 of 5
City Council Meeting
Draft Action Minutes: 10/21/2019
Closed Session
11. CAO PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
Authority: Government Code Section 54957 (b).
MOTION: Mayor Filseth moved, seconded by Council Member Cormack to
go into Closed Session.
MOTION PASSED: 6-0 Kniss absent
Council went into Closed Session at 8:30 P.M.
Council returned from Closed Session at 9:45 P.M.
Mayor Filseth announced no reportable action.
Adjournment: The meeting was adjourned at 9:45 P.M.
City of Palo Alto (ID # 10555)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: Approval to Increase Compensation of Construction
Management Contract for Sludge Dewatering Facility
Title: Approval of Amendment Number 1 to Contract Number C17166486
With Tanner Pacific, Inc. to Increase Maximum Compensation to a Not-to-
Exceed Amount of $2,240,000 for Continued Construction Management
Services for the Sludge Dewatering and Loadout Facility Project, Capital
Improvement Program Project (WQ-14001)
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or his designee to
execute Contract Amendment No. 1 to Contract No. C17166486 with Tanner Pacific, Inc.
(Attachment A) to increase the contract amount by $260,000 which includes $236,400 for base
services and $23,600 for additional services to provide extended construction management
services for construction of the Sludge Dewatering and Loadout Facility Project (WQ-14001).
This amendment results in a revised total contract not-to-exceed amount of $2,240,000.
Background
A Long Range Facilities Plan (LRFP) was prepared in 2012 to provide a road map for the
RWQCP’s future. In 2014, a Biosolids Facilities Plan was prepared as part of an Organics
Facilities Plan. A new Sludge Dewatering and Loadout Facility at the RWQCP was designed and
constructed to meet these goals. The facility, now substantially complete, allowed retirement
of the City’s two sewage sludge incinerators in June 2019. Total project cost including design
and construction is approximately $29.7 million. A key part of the project includes construction
management. On April 17, 2017, Council authorized a contract (No. C17166486) with Tanner
Pacific, Inc.(Tanner)for Construction Management Services (Staff Report ID#7871).
Discussion
Tanner’s work under the construction management contract is for the administration,
inspection, quality control, cost control, and record control during the installation of the sludge
dewatering and truck loadout facility.The construction work is performed by C. Overaa & Co.
City of Palo Alto Page 2
(Overaa). Overaa’s work was extended due to delays in equipment deliveries and equipment
testing,as well as for extended start up testing. The project’s construction timeline was
originally expected to be 22 months but was extended to 27 months. During this five-month
period,Tanner continued to provide construction management services, resulting in the need
for the recommended amendment to Tanner’s contract.While the extended construction
duration has resulted in an approximate 10% increase to the construction management costs,
the overall project will be delivered within the approved budget.
Resource Impact
Funding for this amendment is available in the Wastewater Treatment Fund Capital
Improvement Program Sludge Dewatering and Loadout Facility Project (WQ-14001). The Project
is funded by a California State Revolving Fund low interest loan, which is disbursed on a
reimbursement basis.The Tanner contract, including this contract amendment,will be covered
by the State Revolving Fund loan.The City is responsible for repaying 38.16% of the costs of the
project, with the other RWQCP Partners making up the rest. Reimbursements from the RWQCP
partner agencies will be implemented as specified in the addendum and amendment to the
partner agency agreements and approved by Council on October 17, 2016 (Staff Report
ID#7144).
Policy Implications
Approval of this contract amendment does not represent a change in existing policies.
Environmental Review
The City of Palo Alto performed an environmental review for the sludge dewatering and
loadout facility under provisions of the California Environmental Quality Act (CEQA).An Initial
Study/Mitigated Negative Declaration was prepared for the project, and Council approved the
environmental documentation on March 28, 2016 (Staff Report ID#6424).
Attachments:
·Attachment A: Contract Amendment No. 1
Vers.: Aug. 5, 2019
Page 1 of 8
AMENDMENT NO. 1 TO CONTRACT NO. C17166486
BETWEEN THE CITY OF PALO ALTO AND
TANNER PACIFIC, INC
This Amendment No. 1 (this “Amendment”) to Contract No. C17166486 (the “Contract” as
defined below) is entered into as of November 4, 2019, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and TANNER PACIFIC, Inc. a California
corporation, located at 751 Laurel Street, Suite 609, San Carlos, CA-94070 (“CONSULTANT”). CITY
and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of Construction Management Services for Sludge Dewatering and Loadout
Facility, as detailed therein.
B. The Parties now wish to amend the Contract to increase the maximum
compensation to $2,240,000. Additional compensation is added to provide additional and
extended services for managing construction contract time extensions and complexities of the
construction work for the sludge dewatering and truck loadout facility.
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. C17166486
between CONSULTANT and CITY, dated April 17, 2017.
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 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” (“Basic Services”), and reimbursable expenses, shall not exceed Two Million Thirty-Six
Thousand Four Hundred Dollars ($2,036,400). 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 Two Million Two Hundred Forty Thousand Dollars ($2,240,000). The
DocuSign Envelope ID: F98C5352-B4B9-4106-9CA5-A1DC6BF105D2
Vers.: Aug. 5, 2019
Page 2 of 8
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. 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 or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby
incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES
PREVIOUS.
b. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS.
c. Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDED, REPLACES
PREVIOUS
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: F98C5352-B4B9-4106-9CA5-A1DC6BF105D2
Vers.: Aug. 5, 2019
Page 3 of 8
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager or designee
APPROVED AS TO FORM:
City Attorney or designee
(Contract over $25k)
TANNER PACIFIC, INC.
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments:
Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES PREVIOUS
Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS
Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDED, REPLACES PREVIOUS
DocuSign Envelope ID: F98C5352-B4B9-4106-9CA5-A1DC6BF105D2
Kathryn Tanner
Board Secretary
William Tanner
President/CEO
Vers.: Aug. 5, 2019
Page 4 of 8
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number of
days/weeks specified below. The time to complete each milestone may be increased or decreased by
mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is
completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work
consistent with the schedule below within 2 weeks of receipt of the notice to proceed.
Milestones Completion (No. of Weeks From NTP)
1. Task 1 Pre-Construction 8
2. Task 2 - Construction 122
3. Task 3 – Project Close Out 163
DocuSign Envelope ID: F98C5352-B4B9-4106-9CA5-A1DC6BF105D2
Vers.: Aug. 5, 2019
Page 5 of 8
EXHIBIT “C”
COMPENSATION
(AMENDED, REPLACES PREVIOUS)
The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with
the terms and conditions of this Agreement, and as set forth in the budget schedule below.
Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not
to exceed budget amount for each task set forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s
Project Manager may approve in writing the transfer of budget amounts between any of the tasks or
categories listed below provided the total compensation for Basic Services, including reimbursable
expenses, and the total compensation for Additional Services do not exceed the amounts set forth in
Section 4 of this Agreement.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $11,000.00 (Pre-Construction)
Task 2 $1,866,840.00 (Construction)
Task 3 $125,065.00 (Project Close Out)
Sub-total Basic Services $2,002,905.00
Reimbursable Expenses $33,495.00
Total Basic Services and Reimbursable expenses $2,036,400.00
Additional Services (Not to Exceed) $203,600.00
Maximum Total Compensation $2,240,000.00
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REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying,
in-house printing, insurance and other ordinary business expenses are included within the scope of
payment for services and are not reimbursable expenses.
CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which
CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at
actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for
City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and
postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information. Any
expense anticipated to be more than $1,000.00 shall be approved in advance by the CITY’s project
manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization from the
CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written
proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s
proposed maximum compensation, including reimbursable expense, for such services based on the rates
set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be
negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements and
restrictions in this Agreement
Work required because the following conditions are not satisfied or are exceeded shall be considered as
additional services:
Assist CITY with any additional work related to projects covered under Long Range Facilities Plan (LRFP).
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EXHIBIT “C-1”
SCHEDULE OF RATES
(AMENDED, REPLACES PREVIOUS)
TANNER PACIFIC, Inc.
Staff Title 2019 Hourly Rates1
Principal/Construction Manager $230.00
Resident Engineer $122.00
Office/Field Engineer $111.00
Inspector2 $161.00
Administrative Assistant $94.00
Intern $47.00
• 1 Effective dates 6/30/16 – 12/31/19
• 2 Subject to California Prevailing Wage
Subconsultants
All Subconsultants invoiced at cost plus 5 percent
• Smith Emery – Prevailing Wage
• Bricker Valuation Services - $150/Hr
• Wet Consulting - $180/Hr
Staff Title 2020
Hourly Rates1
Principal
$250.00
Senior Project/Construction Manager $213.00
Project/Construction Manager $193.00
Senior Project Engineer $165.00
Project Engineer $135.00
Inspector2
$176.00
Administrative Assistant $115.00
Intern $ 50.00
• Services are provided on an hourly and expense basis.
• One-way travel charged when the billing for work performed for the City is less than
eight (8) hours in one day.
• 1 Effective dates 1/1/20-12/31/20
• 2 Subject to California Prevailing Wage
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Subconsultants
All Subconsultants invoiced at cost plus 5 percent
Expenses
Direct expenses, as listed below, incurred in connection with the work, will be at cost:
• Delivery services
• Outside reproduction
• Travel outside the Bay Area
• All other extraordinary expenses invoiced at cost
Vehicles used in conjunction with the work will be at the federally approved mileage rates or
at negotiated monthly rate.
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City of Palo Alto (ID # 10617)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: Amendment to Lexington Planning Contract to Increase Not-
to-Exceed Fee by $114,440
Title: Approval of Amendment Number 4 to Contract Number S17165080
With Lexington Planning to add $114,440 for an Amount Not to Exceed
$230,940 to Continue Work on Reviewing and Modifying Objective Standards
for Title 18
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Approve and authorize the City Manager or his designee to execute Amendment No. 4 to the
existing agreement (S17165080) with Lexington Planning to:
(1) increase compensation by $114,440 for a total contract not-to-exceed amount of
$230,940 for an amendment to the scope for work related to compliance with SB 35;
and,
(2) extend the contract term to December 31, 2020.
Background
The City of Palo Alto submitted a 2019 SB 2 Planning Grants Program (PGP) grant application as
described in the Notice of Funding Availability and Program Guidelines released by the
Department of Housing and Community Development. The SB 2 application is noncompetitive
grant application and is reviewed by the State on a rolling basis. One of the two projects
submitted in the application is the “Objective Design and Development Standards for SB 35 and
HAA.” Recent housing legislation, such as Senate Bill No. 35 (SB 35) and the Housing
Accountability Act (HAA), will enabled a streamlined review process for certain residential
projects. Projects that meet affordability requirements and objective standards will be eligible
for streamlined review. Such projects could only be reduced in density or denied based upon
objective standards or specific adverse effects on health and safety. The Palo Alto Municipal
Code Title 18 (Zoning) contains subjective standards and guidelines, including context-based
City of Palo Alto Page 2
design criteria and architectural review standards that are not entirely objective. The City must
identify and revise subjective guidelines to apply to qualifying ministerial housing projects.
Lexington Planning (the consultant) have provided consultant support to the Planning and
Development Services Department since July 2016. Most recently, Lexington completed the
Housing Work Plan, including the parking study associated with multi-family residential vehicle
trips and parking demand. The existing contract includes Part Two of the Housing Work Plan.
Part Two includes working on a 2019 Ordinance aligns with the priorities outlined in the
Housing Work Plan that will require the consultant to review the zoning and municipal code and
provide objectives, issues, options, and recommendations for changes.
Discussion
Since July 2016, Lexington Planning has provided implementation assistance for the
Comprehensive Plan Update and other long-range planning projects. Given staff vacancies, the
department relies on consultants to provide expertise in long range planning. In addition,
Lexington Planning has extensive knowledge and work experience regarding SB 35 objective
standards. The City has identified the consultant as the most qualified to handle the work
within the scope. Lexington successfully handled an update to recent law and has work
currently underway, which needs to be completed.
Staff requests Council’s approval to amend the contract by extending it for one year and
increasing the contract amount by $114,440. The work would include prioritizing and
identifying subjective guidelines in Title 18, revising these as needed to create objective
standards, and refining design guidelines based on use and district type. The extensive scope
includes presentations to the Architectural Review Board, Planning and Transportation
Commission and City Council.
Under the existing contract, Lexington Planning works on an on-call basis, when the City needs
consulting expertise. The amended scope would allow continuation of the Housing Work Plan,
Part 2: 2019 Ordinance Work. The amended scope would also allow the City to finish work
related to recent State law that began under the current contract. If the City finds it does not
need work from this consultant, the consultant would not charge the City. The requested
contract amendment and extension will continue that practice.
Resource Impact
Based on anticipated usage, the estimated cost of the one-year contract extension with
Lexington Planning is $114,440. When the City’s SB 2 application is accepted, the State would
reimburse the $114,440 through a grant reimbursements process. There is sufficient budget in
the Fiscal Year 2020 Adopted Operating Budget to cover the amount up front. No additional
funding is required. If over the year, the City finds it needs less support, the City will not spend
City of Palo Alto Page 3
the full amount in the contract.
Environmental Review
The actions recommended in this report are exempt from review under the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15061(b)(3).
The actions would initiate a planning process and are not determinative of any specific
outcome.
Attachments:
Attachment A: Lexington Revised Contract (PDF)
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AMENDMENT NO. 4 TO CONTRACT NO. S17165080
BETWEEN THE CITY OF PALO ALTO AND
JEAN EISBERG dba LEXINGTON PLANNING
This Amendment No. 4 (this “Amendment”) to Contract No. S17165080 (the “Contract” as
defined below) is entered into as of October 28, 2019, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and JEAN EISBERG dba LEXINGTON
PLANNING, a sole proprietor, located at 2083 Vine Street, Berkeley, CA 94709
(“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this
Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto
for the provision of development of programs and plans to determine a framework for future
development in Palo Alto, as detailed therein.
B. The Parties now wish to amend the Contract in order to extend the term and increase
the compensation by $114,440.00 from 116,500.00 to $230,940.00 for additional work as specified
in Exhibit “A” Scope of Services.
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. S17165080 between
CONSULTANT and CITY, dated July 15, 2016, as amended by:
Amendment No.1, dated April 4, 2017
Amendment No.2, dated March 7, 2018
Amendment No.3, dated December 17, 2018
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2. TERM of the Contract is hereby amended to read as follows:
“SECTION 2. TERM. The term of this Agreement shall be from the date of its full
execution through December 31, 2020 unless terminated earlier pursuant to Section 19 of this
Agreement.”
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SECTION 3. Section 4. COMPENSATION of the Contract 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 Two Hundred Thirty Thousand Nine Hundred Forty Dollars
($230,940.00). CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. 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. 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 4. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby
incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES”, AMENDED, REPLACES
PREVIOUS.
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED,
REPLACES PREVIOUS.
c. Exhibit “C” entitled “SCHEDULE OF RATES”, AMENDED, REPLACES
PREVIOUS.
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
JEAN EISBERG dba LEXINGTON
PLANNING
By:
Name:
Title:
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES, AMENDMENT No. 4
EXHIBIT “B”: SCHEDULE OF PERFORMANCE, AMENDMENT No. 4
EXHIBIT “C-1”: SCHEDULE OF RATES, AMENDMENT No. 4
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Principal
Jean Eisberg
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EXHIBIT “A”
SCOPE OF SERVICES
As a consequence of CITY’S downtown, convenient transit and freeway access, great schools,
employment opportunities, and desirable neighborhoods, the CITY is increasingly under pressure to
grow and accommodate existing and new residents, workers, and visitors. At the same time, CITY as
whole and the Planning and Community Environment Department specifically are in the midst of
developing programs and plans to determine a framework for future development and ensure the
continued livability of the city as a place to live and as a destination for work, shopping,
entertainment, and recreation.
These dynamics coalesce into a heavier workload for CITY staff and an opportunity for
CONSULTANT to provide support and advance a variety of long-range policies initiatives. Detailed
work plans shall be prepared on a project-by-project basis, Consultant tasks generally shall include:
Research, analysis, report writing, and presentations to staff, boards, commissions, city
council and citizen or stakeholder groups.
Prepare for and attend in-person meetings with staff, consultants, elected, appointed and
others as needed.
Participate in regular project update meetings remotely or in person as determined
appropriate
Strategize and conduct public outreach and engagement
Conduct survey analysis, data collection, case study review and analysis
Engage peers and professional contacts and planning organizations to identify and
customize best practices for relevant planning policies and programs
Facilitate project and program implementation
Provide guidance and support to city planners and long-range planning-related projects
Review and process development applications from filing to conclusion
AMENDMENT NO.1 SCOPE OF SERVICES
TASK ORDER #2: PROJECT MANAGEMENT OF THE DOWNTOWN
DEVELOPMENT CAP EVALUATION, PHASE 2
This task order describes the project understanding, work plan, timeline, and fee proposal for
project management of the Downtown Development Cap Evaluation, Phase 2.
WORK PLAN
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Task 1: Review and Provide Feedback on Reports
A. Cursory review of Phase 1 reports:
Development Capacity, Market and Financial Feasibility Assessment,
and Preliminary Policy Concepts
Development Trends, Parking, and Traffic
Street Intercept Survey Report
B. Detailed review of draft Phase 2 reports:
Residential Analysis
Active Use Analysis
Downtown Basement Conversion Study
C. Coordination with staff and consultants
Coordinate with City staff on comments and map changes
Provide comments to Dyett & Bhatia/EPS
D. Review final reports to ensure that all comments have been addressed and
provide consultants with any final comments
Deliverables: (1) Comments/mark-ups on the Residential Analysis; (2) Comments/mark-ups
on the Active Use Analysis; (3) Comments/mark-ups on the Downtown Basement Conversion
Study
Task 2: Study Sessions
A. Planning & Transportation Commission Study Sessions (2)
Prepare staff reports and packet materials to present Phase 2 reports at
three meetings
Coordinate with community members and consultants
B. City Council Study Sessions (2)
Prepare staff reports and packet materials to present Phase 2 reports at
three meetings
Coordinate with community members and consultants
Deliverables: (1) Staff reports and brief hearing presentations for each decision-maker
meeting. (Scope assumes that Dyett & Bhatia/EPS will prepare and deliver the bulk of the
presentations.)
AMENDMENT NO. 3 SCOPE OF SERVICES
CONSULTANT will complete the following general tasks. A draft timeline of activities is
identified in the sequence and timeline section below.
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PART 1: 2018 Ordinance
1. Zoning Options. Provide objectives, issues, options, and recommendations for the zoning
changes identified in the work plan. This task includes iterations (memos) to discuss with
City staff and staff reports to be reviewed by the Planning and Transportation
Commission through a series of meetings.
2. Outreach. In addition to decision-maker meetings, community outreach will be conducted
through two sets of tasks:
A. Conduct informal community outreach efforts, including with developers and
architects (i.e., stakeholder interviews) to solicit feedback on proposed zoning
changes. Approximately 15 stakeholders would be contacted.
B. Conduct one community meeting where the public may discuss and ask questions
regarding the Draft Ordinance. This task assumes that City staff will be
responsible for meeting logistics, noticing, publicity, and printing.
CONSULTANT will be responsible for developing an agenda, format, and
summary of the meeting.
3. Zoning Ordinance Framework. Provide a framework for zoning changes identified in the
form of memos to the City Attorneys’ Office.
4. Draft Ordinance. Work with Planning staff and the City Attorneys’ office to develop
specific zoning language for decision-makers’ consideration. Review of and contributions
to draft ordinance.
5. Study Sessions/Hearings. Develop staff reports and related attachments for Planning &
Transportation Commission, Architectural Review Board, and City Council study
sessions and hearings. Attend and present at up to 10 decision-maker meetings.
6. Conceptual Site Analysis. Analyze recent projects and conduct yield analyses on
opportunity sites to determine back-of-the-envelope net changes on individual sites based
on the changes identified in task 1 above. This task will primarily be for internal use to
test assumptions and aid in discussions with stakeholders (see subtask 3A). Task includes
coordination with urban designers to create site massing models on individual sites. This
scope does not include a complete analysis of all sites in the Downtown study area or Cal
Ave. area.
PART 2: 2019 Ordinance
1. Zoning Options. Provide objectives, issues, options, and recommendations for the zoning
changes identified in the work plan for the 2019 Ordinance, to be prepared by others.
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2. Draft Ordinance. Work with Planning staff and the City Attorneys’ office to develop
specific zoning language for decision-makers’ consideration. Review of and contributions
to draft ordinance.
PART 3: BMR Economic Analysis
1. Project Management. The City of Palo Alto is considering updating its BMR program to
potentially increase the inclusionary requirement on for-sale development, and impose a
new inclusionary requirement on rental development. The City contracted Strategic
Economics to analyze the financial feasibility of these policies. CONSULTANT will
contribute to this effort through the following tasks:
Help to manage consultant tasks, including data gathering, direction, and
assumptions.
Review and edit draft deliverables.
Contribute to potential policy changes.
PART 4: Downtown CAP
1. Scoping and Budgeting. Explore issues and options related to development of a
coordinated area plan for Downtown.
Develop a draft scope of work for a CAP, including key issues to be addressed
and major deliverables.
Develop a budget estimate.
AMENDMENT NO. 4 SCOPE OF SERVICES
CONSULTANT will complete the following general tasks.
Task 1: SB35 Checklists
Review eligibility and submittal requirements checklists, already drafted by City staff.
Revise as needed based on coordination with Planning and other department staff
members and to ensure consistency with State law. The submittal requirements and any
public notification requirements should be codified in the Zoning Ordinance or cross-
referenced if adopted by resolution.
Task 2: Title 18 Code Review
Review Title 18 sections where residential is permitted or conditionally permitted and
subsections affecting residential or residential mixed-use projects. Focus on district
regulations addressing design and development standards, parking requirements,
performance standards, and context-based design criteria. CONSULTANT will review all
code sections listed below with a focus on development regulations, parking, and
performance standards; SUBCONSULTANT will focus on design standards and context-
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based design criteria. The deliverable will be an informal redline annotated version of the
existing code to be discussed with staff. This review will include the following code
subsections. (Additional code sections may be added if they fit within the identified fee or
may be addressed on a time and materials basis.)
18.10 Low Density Residential (R-E, R-2 and RMD) Districts
18.12 R-1 Single-Family Residence District
18.13 Multiple Family Residential (RM-20, RM-30 and RM-40) Districts
18.16 Neighborhood, Community, and Service Commercial (CN, CC and CS)
Districts
18.18 Downtown Commercial (CD) District
18.20 Office, Research and Manufacturing (MOR, ROLM, RP and GM)
Districts
18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing
and Planned Community Districts
18.30 Combining Districts:
18.30(A) Retail Shopping (R) Combining District Regulations
18.30(B) Pedestrian Shopping (P) Combining District Regulations
18.30(C) Ground Floor (GF) Combining District Regulations
18.30(J) Affordable Housing (AH) Combining District Regulations
18.30(K) Workforce Housing (WH) Combining District Regulations
18.34 Pedestrian and Transit Oriented Development (PTOD) Combining District
Regulations
18.40 General Standards and Exceptions:
18.40.130 Landscaping
18.40.180 Retail Preservation
18.52 Parking and Loading Requirements
South of Forest Area (SOFA) design guidelines and development standards
(Chapters 4 and 5)
Task 3: Coordination with City Staff
Regularly check in with long-range and current planning staff, through phone calls and
in-person meetings, to identify issues and options for developing objective standards and
to review draft ordinance changes.
Task 4: Issues & Options Memo
Based on review of Title 18 in Task 2 and preliminary feedback from City staff in Task 3,
prepare a memo outlining the key issues and options. The memo will highlight areas of
subjectivity in the existing code and identify options and recommendations where
existing language should be strengthened into standards and clarified with graphics,
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and/or where new standards may be warranted. SUBCONSULTANT will address issues
and options related to the context-based design criteria, reorganizing design guidelines,
and graphic communication. This memo will be discussed and revised with City staff as
part of Task 3 and then presented to the ARB in Task 5 to help prioritize and draft the
ordinance.
Task 5: Architectural Review Board Meetings (3)
Work with the ARB over three meetings to confirm key issues, prioritize standards and
design guidelines for modifications, and review the draft ordinance changes.
CONSULTANT will prepare staff reports, attachments, and presentations for each
meeting.
Meeting 1: Project overview; review Issues & Options Memo; listen to feedback
ARB: what is working, what is not working, priorities for standards
Meeting 2: Review and feedback on preliminary draft ordinance components and
preliminary graphics
Meeting 3: Review and feedback on draft of Ordinance, graphics and
Architectural Checklist
Task 6: Draft Ordinance
Prepare redline changes and new or modified standards for Title 18, including
development regulations, parking, design, and performance standards. Revise existing
and develop new objective standards from the subjective context-based design criteria.
This scope assumes that the City Attorney’s office will be responsible for preparation of
the draft and final ordinance, with significant input from consultants.
Task 7: Objective Standards and Guidelines Graphics and Architectural Checklist
Consolidate and revise context-based design criteria to identify design standards and design
guidelines by district and/or housing type. Prepare zoning graphics to complement existing
and/or new text standards in the Ordinance. Develop a Design Standards and Guidelines
Architectural Checklist for development proposals and staff review. The budget estimates the
hours needed to prepare and revise graphics in response to staff and decision-maker feedback.
However, a contingency budget is identified for additional rounds of review or graphics
preparation beyond the base scope.
Task 8: Planning & Transportation Commission Meetings (2)
Present ARB recommendation to the PTC over two meetings. CONSULTANT will prepare
staff reports, attachments, and presentations for each meeting.
Task 9: City Council Meetings (2)
Present ARB/PTC recommendation to the City Council over two meetings (first and
second reading). CONSULTANT will prepare staff reports, attachments, and
presentations for each meeting.
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
AMENDMENT NO. 1
Task Timeline for Completion
1-A: Review Phase 1 reports Completed
1-B: Review draft Phase 2 reports Residential Analysis: February - March 2017
Active Use Analysis and Basement Study: March - April
2017 1-C: Coordination/feedback
to consultants
Residential Analysis: March - April 2017
Active Use Analysis and Basement Study: April - May
2017 1-D: Final review Residential Analysis: June 2017
Active Use Analysis and Basement Study: July 2017
2-A: Planning &
Transportation Commission
Study Session
Residential Analysis: July 2017
Active Use Analysis and Basement Study: August 2017
2-B: City Council Study Session Residential Analysis: July 2017
Active Use Analysis and Basement Study: August 2017
AMENDMENT NO. 3
Task Timeline for Completion
PART 1: 2018 Ordinance
Zoning Options (Memos and
Discussion with Staff)
March – April 2018
Stakeholder Outreach May – June 2018
PTC Study Session to Review
Council Objectives for Housing
Work Plan
March 14, 2018 (Meeting #1)
PTC Study Sessions to Review
2018 Zoning Options
April 25, 2018 (Meeting #2)
May 30, 2018 (Meeting #3)
August 29, 2018 (Meeting #4)
September 26, 2018 (Meeting #5)
Community Meeting June, 28 2018
Architectural Review Board
Meeting (Open Space Standards)
September 20, 2018 (Meeting #6)
Zoning Ordinance Framework July - August 2018
Planning & Transportation
Commission Hearing
October 10, 2018 (Meeting #7)
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Conceptual Site Analysis October - November 2018
City Council Hearings November 26, 2018 (Meeting #8)
December 2018 (Meeting #9)
(Meeting #10, if necessary)
PART 2: 2019 Ordinance
Zoning Options (Memos and
Discussion with Staff)
May – August 2019
Draft Ordinance Contributions August – December 2019
PART 3 BMR Economic Analysis
Project Management May 2018 – March 2019
PART 4 Downtown CAP
Scoping & Budgeting October – December 2018
AMENDMENT NO. 4
Task Timeline for Completion
Title 18 Code Review September – October 2019
Coordination with Staff October – December 2019
March 2020
July 2020
Issues & Options/Draft Ordinance Prep
ARB Meetings
December 2019-March 2020
Ordinance Revisions
ARB Recommendation
PTC Meeting
PTC Recommendation
April 2020-September 2020
April 2020
May 2020
July 2020
First Reading
Second Reading
August 2020
September 2020
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EXHIBIT “C-1”
SCHEDULE OF RATES
Jean Eisberg, Principal: $155
AMENDMENT NO. 3
Task Hours Fee % Complete
PART 1: 2018 Zoning Ordinance
1: Zoning Options 0 0 100%
2: Outreach
2-A: Stakeholder Meetings 0 0 100%
2-B: Community Meeting 0 0 100%
3: Zoning Ordinance Framework 0 0 100%
4: Draft Ordinance 12 1,860 20%
5: Study Sessions & Hearings (10) incl. staff
report, presentation, attendance
5-A: PTC/ARB Meetings (7) 12 1,860 85%
5-B: Council Meetings (3) 36 5,580 0%
6: Conceptual Site Analysis 14 2,170 0%
PART 2: 2019 Zoning Ordinance
1: Zoning Options 44 6,820 0%
2: Draft Ordinance 40 6,200 0%
PART 3: BMR Economic Analysis
1: Project Management 32 4,960 20%
PART 4: Downtown CAP
1: Scoping & Budgeting 12 1,860 0%
Reimbursable Expenses (Travel, Printing, etc.)
690
Total 202 32,000
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AMENDMENT NO. 4
Subtotal Total
Task Hours Fee Hours Hours Hours Fee Fee
1: SB35 Checklists 4 620 0 0 0 0 620
2: Title 18 Code Review 40 6,200 16 0 2 3,330 9,530
3: Coordination with City Staff 20 3,100 20 0 0 3,600 6,700
4: Issues & Options Memo 48 7,440 16 0 2 3,330 10,770
5: ARB Meetings (3)72 11,160 36 0 0 6,480 17,640
6: Draft Ordinance 60 9,300 40 0 2 7,650 16,950
7: Graphics and Architectural Checklist 4 620 60 80 6 23,350 23,970
8: PTC Meetings (2)40 6,200 0 0 0 0 6,200
9: City Council Meetings (2)32 4,960 0 0 0 0 4,960
Reimbursables (Travel, Printing, etc.)468 450 918
Office Expenses 1,432 1,432
Subtotal 320 50,068 188 80 12 49,622 99,690
Contingency (Add'l Meetings or Tasks)40 6,200 40 40 6 8,550 14,750
Total (with Contingency)360 56,268 228 120 18 58,172 114,440
Jean Eisberg
(@$155/hr)
Chris
Sensenig
(@$180/hr)
Intermediate
Planner
(@$140/hr)
Simran
Malhotra
(@$225/hr)
Raimi & AssociatesLexington Planning
DocuSign Envelope ID: F6FDB947-3106-407E-AFA6-2346682B1412
City of Palo Alto (ID # 10659)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: Approval of Resolution Approving PA6 with TANC
Title: Adoption of a Resolution Approving Project Agreement No. 6 with
Transmission Agency of Northern California and its Participating Members
For Regulatory Engagement in Participating Transmission Owner Cases Before
the Federal Energy Regulatory Commission For an Initial 3 Year Term, and
Granting the City Manager the Authority to Approve Future Operational
Amendments to the Agreement
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that City Council adopt the attached resolution (Attachment A) 1)
approving Project Agreement No. 6 with the Transmission Agency of Northern California and
its Participating Members for Regulatory Engagement in Participating Transmission Owner
Cases Before the Federal Energy Regulatory Commission (Attachment B), in a Total Amount of
9% of TANC’s Annual Budgeted Regulatory Engagement Costs, estimated at $75,000 per year,
for an initial three year term, and 2) granting the City Manager the authority to approve
future operational amendments to the agreement.
Executive Summary
The Transmission Agency of Northern California (TANC), of which the City of Palo Alto is a
member, represents the City in various electric transmission regulatory forums. Executing
TANC’s Project Agreement No. 6 (PA6) will enable TANC to represent the City and other
participating members in transmission owner rate cases to ensure the City receives least cost
electric transmission services.
Background
The City of Palo Alto is a member of TANC, a California joint powers agency that currently
owns about 87 percent of the California-Oregon Transmission Project (COTP), a 1600
megawatt (MW), 340-mile long electric transmission line from the California-Oregon Border
City of Palo Alto Page 2
to the 500 kilovolt Tracy Substation in Northern California. The City has an approximately 50
MW share of the COTP. TANC's membership includes 15 publicly owned utilities in the cities
of Alameda, Biggs, Gridley, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa
Clara, and Ukiah, as well as the Sacramento Municipal Utility District, the Modesto Irrigation
District and the Turlock Irrigation District. The Plumas-Sierra Rural Electric Cooperative is an
Associate Member.
Discussion
TANC, acting on behalf of all TANC members participates and intervenes in transmission
owner rate cases before FERC. TANC’s engagement in rate cases has resulted in savings of
approximately $2.5 million in City’s electric transmission service costs. Most of these benefits
accrue to TANC members like the City who are in the California Independent System
Operator’s (CAISO’s) electric transmission balancing area. However, currently most of the
costs of transmission advocacy are borne by TANC members not located in CAISO area.
Currently TANC’s cost to provide transmission advocacy services, including costs for legal
expenses, subject matter experts and witnesses, is allocated according to ownership shares of
the COTP. Since the City has laid off its ownership share to another TANC member agency
through 20241, the City does not currently bear any cost related to TANC’s transmission
advocacy, even though such interventions will save the City multiple million dollars in
transmission related costs. Other TANC members have similarly laid off their shares. Due to
such layoffs, most of the agencies currently bearing the costs of transmission advocacy are
not located in the CAISO balancing area, and for them, the cost to benefit ratio of continued
transmission advocacy is not favorable. Without cost sharing by other TANC members TANC
will not find it economically feasible to continue transmission advocacy.
To better align allocation of cost for these services with benefit accrued to members, on June
26, 2019 TANC’s Commission approved PA6 to revise the cost allocation method for TANC’s
future engagement in transmission rates cases and other related transmission activities.
Table 1 below illustrates the prior and proposed cost allocation percentages. The proposed
allocation better reflects the level of transmission services members receive through the
California Independent System Operator (CAISO) and associated value accrued through
TANC’s participation.
1 Related Council approvals from 2009 and 2014 are linked here: Staff Reports #100:09, 01/26/2009,
Staff Report # 4547, 4/7/2014
City of Palo Alto Page 3
Table 1: Comparison of Current and Proposed Allocation of Costs Under PA6
Member Existing Allocation (%) Proposed PA6 Allocation (%)
MID 34 23
Redding 10.333 8
SMUD 15.999 11
SVP 27 26
TID 7.455 8
Alameda 2.104 4
Healdsburg 0.237 1
Lodi 2.069 4
Lompoc 0.267 1
Palo Alto 0 9
Plumas 0.233 1
Roseville 0 3
Ukiah 0.303 1
Total 100 100
The term of PA6 is for three years, after which PA6 may be extended by an additional one to
three years through unanimous vote of the TANC Commission, the TANC governing body in
which Palo Alto is also represented. TANC will provide briefings to the Commission at its
regular meetings, including an overview of relevant proceedings, an assessment of financial
impacts to TANC and its members, the scope of TANC’s potential engagement, and
identification of legal actions TANC is considering.
Resource Impact
TANC’s Commission will set budgetary authorizations every fiscal year for TANC’s overall
scope of engagement in transmission owner rate cases. In FY 2020, starting July 1, 2019,
TANC’s Commission approved a budget of $825,000 for service related to PA6. Palo Alto’s 9%
share of this budgeted cost will be $74,250. This cost is anticipated to be absorbed within the
Council approved electric fund budget this year. These new cost allocations will be limited to
prospective activities after PA6 is signed by the City. Annual budgets will be approved by the
TANC Commission, with votes weighted by each member’s percentage.
The expenditures and regulatory interventions will be undertaken by TANC staff and
attorneys under the direction of the TANC Commission, with regular reports on progress
provided.
City of Palo Alto Page 4
Policy Implications
This recommendation is consistent with the Council-approved Utilities Strategic Plan to
manage finances optimally and use resources efficiently to meet customer service priorities.
Stakeholder Engagement
This is an administrative action related to legal and regulatory intervention; hence no public
stakeholder process was undertaken. The TANC Commission unanimously approved this
contract at its meeting held on June 26, 2019.
Environmental Review
Approval of this amendment does not meet the California Environmental Quality Act’s
definition of a “project” under Public Resources Code Section 21065, because it is an
administrative governmental activity that will not result in any direct or indirect physical
change to the environment (CEQA Guidelines section 15378(b)(5)), thus environmental
review is not required.
Attachments:
• Attachment A: Resolution Approving TANC PA6
• Attachment B: Project Agreement 6
Attachments:
• Attachment A: Resolution Approving TANC PA6
• Attachment B: Project Agreement 6
ATTACHMENT A
*NOT YET APPROVED*
Resolution No. ____
Resolution of the Council of the City of Palo Alto approving Project
Agreement No. 6 between and among The Transmission Agency
of Northern California and its participating members for
regulatory engagement in participating transmission owner cases
before The Federal Energy Regulatory Commission for an initial 3-
year term
R E C I T A L S
A.The City of Palo Alto (“City”), a municipal utility and a chartered city, is a
member of the Transmission Agency of Northern California (“TANC”), a joint powers agency
engaged in interstate transmission of power; TANC currently owns about 87 percent of the
California-Oregon Transmission Project (“COTP”), a 1600 megawatt (“MW”), 340-mile long
electric transmission line from the California-Oregon Border to Northern California, of which
the City has an approximately 50 MW share.
B. Along with the City, the cities of Alameda, Biggs, Gridley, Healdsburg, Lodi,
Lompoc, Redding, Roseville, Santa Clara, and Ukiah; the Modesto Irrigation District; the
Sacramento Municipal Utility District; and the Turlock Irrigation District are TANC members;
the Plumas-Sierra Rural Electric Cooperative is an associate member.
C. In addition to operating the COTP transmission line, on behalf of its members,
TANC has historically participated and when necessary litigated transmission owner rate
cases before the Federal Energy Regulatory Commission (FERC) to ensure TANC members
who transact in the CAISO markets receive low cost transmission services.
D. The City seeks to enter into Project Agreement No. 6 with TANC so that TANC
can continue to represent the City in transmission owner rate cases under a revised cost
allocation method, which sets the City’s cost allocation at 9%.
E. TANC’s Commission will set budgetary authorizations every fiscal year for
TANC’s overall scope of engagement in transmission owner rate cases; TANC’s FY 2020
budget for service related to PA6 is $825,000. The City’s 9% share of this budgeted cost will
be $74,250.
F. Future cost allocations will include TANC’s prospective activities after PA6 is
signed by the City. Annual budgets will be approved by the TANC Commission, with votes
weighted by each member’s allocation percentage.
G. The term of PA6 is for three years, after which PA6 may be extended by an
additional one to three years through unanimous vote of the TANC Commission, the TANC
governing body in which Palo Alto is also represented.
The Council of the City of Palo Alto does hereby RESOLVE as follows:
6055279
SECTION 1. The Council hereby adopts the resolution approving Project Agreement
No. 6 for regulatory engagement in participating transmission owners cases before The
Federal Energy Regulatory Commission between and among the Transmission Agency of
Northern California and its participating members for an initial 3-year term, subject to a one
to three year extension through unanimous TANC Commission vote. The City Manager is
hereby authorized to sign the agreement on behalf of the City.
SECTION 2. The Council further grants the City Manager the authority to approve
future operational amendments to PA6 that are necessary to carry out Council’s intent that
TANC continue its regulatory engagement on behalf of the City.
SECTION 3. The Council finds that the adoption of this resolution does not constitute
a project under Section 21065 of the California Environmental Quality Act (CEQA) and
CEQA Guidelines section 15378(b)(5), as it is an administrative governmental activity that
will not result in any direct or indirect physical change to the environment, and
therefore, no environmental assessment is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Utilities
Director of Administrative Services
6055279
1 EXECUTION ORIGINAL
TRANSMISSION AGENCY OF NORTHERN CALIFORNIA
PROJECT AGREEMENT NO. 6 FOR REGULATORY ENGAGEMENT IN PARTICIPATING
TRANSMISSION OWNER CASES BEFORE THE FEDERAL ENERGY REGULATORY
COMMISSION
This Project Agreement No. 6 (Agreement) is entered into as of ___________ , 2019 by and among
the Transmission Agency of Northern California, hereinafter referred to as TANC; and the Cities
of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara, and Ukiah;
the Modesto Irrigation District; the Sacramento Municipal Utility District; the Turlock Irrigation
District; and the Plumas-Sierra Rural Electric Cooperative (hereinafter collectively referred to as
the “Participating Members” and together with TANC are “Parties” to this Agreement) with
regard to the following:
RECITALS
WHEREAS:
A.TANC, acting on behalf of the Participating Members, has engaged in certain
regulatory forums, including before the Federal Energy Regulatory Commission
(FERC), to protect the value of TANC’s transmission assets and to support the
Participating Members by striving to limit the Participating Members’ exposure to
transmission costs when transacting in the California Independent System
Operator (CAISO) markets, or as otherwise may be applicable.
B.TANC has historically placed particular focus on the Pacific Gas and Electric
Company’s (PG&E) transmission owner (TO) rate cases due to the potential
impact such rate cases may have on the transmission rates under TANC’s South
of Tesla Principles (SOTP) existing transmission contract on PG&E’s transmission
system.
Attachment B
2 EXECUTION ORIGINAL
C.Prior to the effective date of this Agreement, costs associated with TANC’s
engagement in TO rate cases have been allocated to TANC Members based on
their transmission capacity entitlements under the South of Tesla Agreement (SOT
Allocation Percentages) due to the potential impact of PG&E’s transmission costs
on the SOTP transmission rate.
D.TANC has also pursued engagement in FERC and other regulatory matters based
on the potential impacts of TO rates or on industry matters generally and these
costs have been shared based on either Project Agreement No. 3 (PA3) or Project
Agreement No. 5 (PA5) allocation percentages.
E.Certain SOT Members have entered into a settlement agreement with PG&E, and
based on such are not subject to specific SOTP transmission rates for use of their
SOTP transmission rights, but are rather subject to the CAISO’s transmission rates.
F.In addition to the potential impacts to the SOTP transmission rates, TANC
Members may also be impacted by changes in the transmission rates charged by
the CAISO for use of the CAISO controlled transmission system.
G.The CAISO provides transmission service under a single statewide high-voltage
transmission access charge (TAC) rate, where certain transmission investments
made by the Participating Transmission Owners (PTOs) and other transmission
rights holders, impact transmission costs for all users of the CAISO transmission
system and therefore TANC has reviewed certain California and regional
transmission projects for purposes of forecasting the high-voltage TAC.
H.TANC Members are situated differently with respect to exposure to CAISO
transmission rates, depending how a TANC Member receives transmission service
3 EXECUTION ORIGINAL
from the CAISO, or depending where they choose to procure their energy
resources.
I.TANC has conducted outreach with the Members to provide transparency for
TANC’s past activities in the FERC regulatory TO proceedings, and to provide an
initial estimate of the benefits and costs of TANC’s recent engagement in TO rate
cases before FERC.
J.TANC and the Participating Members have determined that it is appropriate to
implement a revised cost allocation mechanism to be used by TANC for allocating
certain legal and subject matter expertise costs, that are associated with TANC’s
engagement in TO rate cases and other related transmission activities.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in this
Agreement, TANC and the Participating Members hereby agree as follows:
AGREEMENT
1.SCOPE OF ACTIVITY
Pursuant to the terms and conditions of this Agreement, TANC may be directed by the
Commission to act on behalf of the Participating Members to engage in certain activities, either
directly, indirectly, or in conjunction with legal counsel and subject matter experts, pertaining to
proceedings that effect the CAISO Transmission Access Charge (Scope of Activity). The Scope of
Activity contemplated herein generally includes:
•Representing the interests of the Participating Members by monitoring, analyzing, and
participating in TO rate cases before FERC and any related judicial appeals;
•Engaging in other related filings or industry developments that affect the cost or
provision of transmission service under TO rate cases; and,
4 EXECUTION ORIGINAL
•Engaging in other activities as may be approved by the Participating Members.
The Scope of Activity shall be supported by legal services and other specialized services relevant
to TANC’s participation in proceedings that are performed by qualified subject matter experts
and/or witnesses. It may also include TANC Management and staff as required, or as determined
to be beneficial, to advance TANC’s and the Participating Members’ interests.
The Scope of Activity shall apply to the TO rate cases and new related transmission activity
matters that are filed subsequent to the effective date of this Agreement, and shall include all
future activities and costs associated with PG&E’s TO 18, TO 19 and TO 20 rate cases, but only
for costs incurred after the effective date of this Agreement.
2.COORDINATION WITH OTHER ENTITIES
As part of TANC’s duties under this Agreement, TANC shall strive to work collaboratively with
other intervenors and relevant parties, and where practicable, build alliances and find common
interest in promoting TANC’s and the Participating Members’ interest in the Scope of Activity.
Such efforts include building coalitions, where strategically and economically viable, to support
the alignment with other intervenors or to form “joint intervenor” perspectives for engaging in
the Scope of Activity. This may include coordinating and sharing responsibilities on areas of
common interest to ensure the most efficient advancement of TANC’s interest on behalf of the
Participating Members, and to reduce redundancy in the Scope of Activity of TANC and other
similarly situated parties on issues of importance to TANC and the Participating Members.
To the extent coordination with other entities, including direct coordination with a Participating
Member, or subset of Participating Members, results in gained efficiencies and benefits for TANC,
or directly or indirectly reduces TANC’s costs for performing the Scope of Activity contemplated
herein, the Commission shall evaluate and consider such joint benefits and the individual
Participating Member’s funding obligations when establishing annual funding amounts. The
5 EXECUTION ORIGINAL
evaluation of joint benefits will occur prior to the development of the annual funding under this
Agreement and may reflect completed work activities and planned activities, by a Participating
Member or subset of Participating Members.
3.ROLE OF THE COMMISSION
The Commission shall provide TANC management policy and strategic direction, and set
budgetary authorizations for TANC’s overall engagement in the Scope of Activity, taking into
consideration recommendations from TANC management, which may be further informed by
guidance from legal counsel, relevant subject matter experts, and recommendations from the
Contracts Committee.
Upon receiving direction from the Commission, TANC management is responsible for
implementing the direction of the Commission with respect to Scope of Activity under this
Agreement. TANC management will coordinate the Scope of Activity through the Contracts
Committee, where the Contracts Committee will be responsible for reviewing and providing
feedback regarding TANC’s Scope of Activity, and will advise TANC’s management for
advancing the policy and strategic direction provided by the Commission. Notwithstanding the
responsibility of the Contracts Committee described herein, all activities and decisions
considered by TANC’s management related to the Scope of Activity that involves potential legal
action, or that is of a legal strategy, shall be further coordinated with legal representatives of the
Participating Members through the Contracts Committee and/or the Commission.
This coordination will include when reasonably practicable: (i) draft materials for filing in
advance to the Contracts Committee for review and comment prior to submission to FERC; (ii)
access to any relevant filings in connection with the Scope of Activity; and (iii) analysis from legal
counsel and subject matter experts supporting the positions of TANC or other intervenors related
to the Scope of Activity.
6 EXECUTION ORIGINAL
TANC management shall provide briefings and supporting material to the Commission and the
Contracts Committee at each regularly scheduled meeting regarding the status of the Scope of
Activity under this Agreement. Briefing materials may include the following:
•An overview of the relevant proceedings and known schedules;
•Assessment of the financial impact to TANC and, to the extent practicable, each of the
Participating Members;
•The scope of TANC’s potential initial engagement and each recommended change in
scope;
•Identification of potential legal actions that TANC should consider and the likelihood of
success (by argument if practicable);
•An estimate of the potential benefits and costs associated with engagement (periodically
updated as may be necessary recognizing progress of proceedings under the Scope of
Activity); and
•Scope of Activity progress reports identifying:
o Status of the proceeding
o Summary of TANC’s issues and the position(s) of relevant intervenors
o Costs incurred for engagement, tracking, and monitoring, as well as any changes
to the estimated benefits and costs
o Identification of key decision points in the proceeding
4.VOTING
The Commission shall direct all policy and legal action required in connection with this
Agreement. The Contracts Committee will direct the implementation of the Commission’s policy
and legal direction. The Participation Percentages set forth in Appendix 1, as attached hereto and
made part of this Agreement, shall govern voting rights for actions taken under this Agreement.
In order for a formal action to be taken by the Commission or the Contracts Committee under
this Agreement related to the Scope of Activity, a quorum of the Participating Members shall be
7 EXECUTION ORIGINAL
established, where the Participation Percentages of the Participating Members present must be at
least 60%. An affirmative vote representing 60% of the Participating Percentages of the
Participating Members under the Agreement is required to provide authorization.
The Participating Percentages as set forth in Appendix 1 may be modified by a unanimous vote
of the Participating Members. The Participating Members may determine additional Participating
Percentages for cost allocation and voting for specific regulatory or legal proceedings, based on
unanimous approval of the Participating Members.
5.FUNDING AND OBLIGATIONS FOR ACTIVITIES
All costs attributed to the Scope of Activity performed in accordance with this Agreement shall
be allocated to the Participating Members based on the Participation Percentages set forth in
Appendix 1; provided, however, as described in Section 2 of this Agreement, the funding
obligation of a Participating Member, or subset of Participating Members, shall be considered and
may be adjusted by the Commission to account for any contributions or benefits associated with
joint coordination and activities among the Participating Members. Any adjustments by the
Commission of the funding obligation for Participating Members contemplated under this
Section 5 shall be by the voting under Section 4..
All costs that are estimated to be incurred under this Agreement shall be included in the annual
TANC Budget, and the total amount of expenses TANC is authorized to incur during any fiscal
year for performing the Scope of Activity under this Agreement shall be subject to annual caps
and not exceed the Budget or the annual funding caps unless additional funding is approved by
the Commission. Costs shall be itemized by proceeding for the sole purpose of TANC’s work
under the Scope of Activity, including accounting for distinct legal costs, subject matter experts
and witnesses. TANC management costs may be included upon approval of the Commission.
8 EXECUTION ORIGINAL
6.TERM AND TERMINATION.
This Agreement shall take effect as of the date hereof and shall remain in full force and effect for
three years from the date that TANC and the Participating Members execute the Agreement. At
least 120 days in advance of the initial three-year term of this Agreement, the Participating
Members may extend the term for an additional one to three years by a unanimous vote. In
accordance with Section 15.6 of PA3, the provisions of Section 15 of PA3 shall be incorporated by
reference.
In the event that one or more Participating Members choose to terminate its participation in this
Agreement, by providing written notice 100 days prior to the end of the initial three-year term or
pursuant to the provisions of Section 15 of PA3, the remaining Participating Members may elect
to adjust the cost allocation percentages shown in Appendix 1 and continue this Agreement. If by
the end of the initial three-year term of this Agreement the remaining Participating Members
have not agreed to adjust the allocation percentages shown in Appendix 1, TANC shall terminate
this Agreement.
Upon termination of this Agreement, or termination of any individual Participating Member’s
participation in this Agreement pursuant to this Section 6, any costs and liabilities associated with
the Scope of Activity approved in accordance with this Agreement shall remain the obligation of
the Participating Members until such Scope of Activity is completed.
Prior to the termination of this Agreement, the TANC Commission shall review TANC’s role with
respect to the Scope of Activity and take action regarding TANC’s continued work and related
cost allocation.
7.AMENDMENTS
This Agreement may be amended only by the written agreement of all the parties hereto.
9 EXECUTION ORIGINAL
8.DEFAULT
Upon the failure of any Participating Member to meet its obligations hereunder, TANC shall give
written notice of the failure to such Participating Member and, if such failure has not been cured
within forty-five (45) days after the date of such notice, it shall constitute a default at the
expiration of such forty-five (45) day period. Upon such default, TANC may terminate this
Agreement as to the defaulting Participating Member, and protect and enforce its rights
hereunder by suit or suits in equity or at law, whether for the specific performance of any
covenant herein or for damages or in aid of the execution of any power granted herein or any
other remedy available under any provision of applicable law. The cost allocation percentages
may be adjusted amongst the remaining Participating Members.
9.INDEMNIFICATION
Each Party and its officers, agents, employees, commissioners and board members, undertake no
legal liability to the other Parties to this Agreement (“Indemnitees”) and each Party releases,
holds harmless, and covenants not to sue any Indemnitees for any cause, claim, injury, damage,
or death arising from a negligent act or omission of any other Party in connection with this
Agreement.
10.SEVERABILITY
If any provision of this Agreement is finally adjudicated by a court of competent jurisdiction to
be invalid, the remainder of this Agreement shall remain in full force and effect as though the
invalid provision had not been included herein.
10 EXECUTION ORIGINAL
11.MEMBERS’ OBLIGATIONS SEVERAL
The obligation of each Participating Member to make payments under this Agreement is a several
obligation and not a joint obligation with those of the other Participating Members.
12.WAIVER OF DEFAULT
Any waiver at any time by any party of its rights with respect to a default under this Agreement,
or with respect to any other matters arising in connection with this Agreement, shall not be
deemed a waiver with respect to any subsequent default or other matter.
13.COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be deemed to be an
original and all of which, when taken together, shall constitute a single Agreement.
14.SIGNATURES
In witness whereof, the parties have caused this Agreement to be executed as of the date first
above written. The signatories to this Agreement represent that they have been appropriately
authorized to enter into this Agreement on behalf of the party for whom they sign.
11 EXECUTION ORIGINAL
PARTICIPATING MEMBERS
CITY OF ALAMEDA
By:
Name:
Title:
Date:
CITY OF HEALDSBURG
By:
Name:
Title:
Date:
CITY OF LODI
By:
Name:
Title:
Date:
CITY OF LOMPOC
By:
Name:
Title:
Date:
12 EXECUTION ORIGINAL
MODESTO IRRIGATION DISTRICT
By:
Name:
Title:
Date:
CITY OF PALO ALTO
By:
Name:
Title:
Date:
PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE
By:
Name:
Title:
Date:
CITY OF REDDING
By:
Name:
Title:
Date:
13 EXECUTION ORIGINAL
CITY OF ROSEVILLE
By:
Name:
Title:
Date:
SACRAMENTO MUNICIPAL UTILITY DISTRICT
By:
Name:
Title:
Date:
CITY OF SANTA CLARA
By:
Name:
Title:
Date:
TURLOCK IRRIGATION DISTRICT
By:
Name:
Title:
Date:
14 EXECUTION ORIGINAL
CITY OF UKIAH
By:
Name:
Title:
Date:
TRANSMISSION AGENCY OF NORTHERN
CALIFORNIA
By:
Name:
Title:
Date:
15 EXECUTION ORIGINAL
Appendix 1
Participating Percentages and Voting Rights
TANC Member Percentage (%)
MID 23.0000
Redding 8.0000
SMUD 11.0000
SVP 26.0000
TID 8.0000
Alameda 4.0000
Healdsburg 1.0000
Lodi 4.0000
Lompoc 1.0000
Palo Alto 9.0000
Plumas 1.0000
Roseville 3.0000
Ukiah 1.0000
Total 100.0000
City of Palo Alto (ID # 10777)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: Animal Shelter Modular Building Interior and Foundation
Title: Approval to Execute two Change Orders with Design Space Modular
Buildings, Inc. Totaling an Additional $51,300, to Provide Additional Needed
Interior Detail and External Foundation Materials, Decking, Skirting and
Related Installation Services for the Animal Shelter Modular Building, for a
new Total Not-to-Exceed Authorization of $351,300, and Authorization of
Additional Change Orders Not-to-Exceed $35,130, Funded From the Animal
Shelter Renovation Capital Improvement Program Project (PE-19002)
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1. Authorize the City Manager or his designee to execute two change orders to Purchase
Order Number 4520000035 for the purchase of a modular building from Design Space
Modular Buildings, Inc.: the first in the amount of $2,250 to add needed interior
equipment and facilities, and the second in the amount of $49,050 for additional
foundation material, decking, skirting and related installation services (totaling an
additional $51,300, excluding sales tax), for a new, total not-to-exceed authorization of
$351,300 (excluding sales tax) funded from the Animal Shelter Renovation Capital
Improvement Program Project, PE-19002, in accordance with the City’s agreement with
Pets In Need.
2. Authorize the City Manager or his designee to execute one or more additional change
orders to Purchase Order Number 4520000035 with Design Space Modular Buildings,
Inc. for related, additional but unforeseen work, and for sales tax for change orders 1
and 2, that may develop during the project, in an amount not to exceed $35,130.
Background/Discussion
In November 2018, Council approved an operating agreement with Pets In Need (PIN) (Staff
Report #9822) to provide full-service shelter operation at the Palo Alto Animal Shelter. The
agreement requires the City to provide a new modular office/classroom for PIN.
CITY OF
PALO
ALTO
City of Palo Alto Page 2
On February 25, 2019, Council authorized the City Manager to purchase a modular building
from Design Space Modular Buildings, Inc. (DSM) in an amount not to exceed $300,000 (Staff
Report #10057). Prior to that authorization, staff investigated pricing and options for the
purchase of a 2,200 square foot modular office/classroom, including obtaining three informal
quotes which were very close in pricing. PIN had previously worked with DSM to specify the
size and layout of the building required. One of the three informal quotes was from DSM.
Therefore, an exemption from competitive solicitation was granted for being impractical under
PAMC 2.30.360(b)(2) due to the tight timelines in the agreement with PIN.
Purchase Order number 4520000035 for the modular building fabrication and delivery was
executed on July 23, 2019 for $297,238.19 (which includes sales tax). Following the engineering
work by DSM for the modular foundation system, a significant change order developed. The
original quote for foundation materials assumed that the soil bearing capacity was 1,500
pounds per square inch (psi). The geotechnical study for the site found that the soil bearing
capacity to be only 500 psi. Therefore, the foundation required significantly more material and
requires the modular wheels and axles to be removed. Because of the location in the Special
Flood Hazard Area (SFHA), the ramp and stair were taller than expected and the skirting around
the foundation needed an upgrade to flood-resistant material. The following table summarizes
the pending change orders (CO) needed for the modular building:
CO #1 Provide for 400 Amp Panel mounting $ 125
Provide 4x4 J-Box and empty conduit $ 65
Provide tempered glass window in office $ 780
Custom paint building to match existing $ 1,280
CO#1 Total (excluding sales tax) $ 2,250
CO #2 Additional foundation T&M per soils report $ 22,690
Provide deck between doors at entrance $ 15,340
Provide translift & labor for setting building $ 2,760
Additional cost to upgrade skirting $ 6,910
Remove all wheels & axles, store under building $ 1,350
CO #2 Total (excluding sales tax) $ 49,050
Subtotal CO #1 and CO #2 (excluding sales tax) $ 51,300
Original Authorization for Modular Building $300,000
City of Palo Alto Page 3
Purchase Order
Requested contingency $ 35,130
NEW GRAND TOTAL FOR AUTHORIZATION $386,430
The recommended Council action also includes a request for an additional 10% contingency
($35,130) to allow for further related, additional but unforeseen work. Sales tax is excluded
from change orders 1 and 2 (attached) but is estimated by staff to be approximately $5,000.
The requested contingency will be used, in part, to pay sales tax when the amount has been
finalized.
Timeline
The modular building is currently in fabrication with an expected delivery in December 2019.
Site work and utility extensions to accommodate the new building are underway and are
expected to be ready for the delivery.
Resource Impact
Funding for the additional change order authorizations is available in the Fiscal Year 2020
Capital Improvement Fund Animal Shelter Renovation project (PE-19002).
Policy Implications
This project is in conformance with the City of Palo Alto’s Comprehensive Plan and does not
represent any changes to existing City policies.
Environmental Review
The new modular building is categorically exempt from CEQA guideline Section 15301(e1) as
addition to existing structures that will not result in an increase of less than 2,500 square feet.
Attachments:
Design Space Modular Proposed Change Order 01
Design Space Modular Proposed Change Order 02
Phone: (707) 678-6100
Fax: (707) 678-6100
To:Bridgette Medved-Perez
From:Alex Sufi
Date:September 9, 2019
CHANGE ORDER #:1 PROJECT REF / AGREEMENT #:5110
Time Impact
(Days)Amount
1 $125.00
2 $65.00
3 $780.00
4 $1,280.00
5
6
7
8
Total For Change Order $2,250.00
Amounts stated above exclude applicable taxes and use fees.
Thank You.
________________________________ _______________
Acceptance Date
________________________________
Customer PO # (If Applicable)
This serves as authorization for the following work to be performed by Design Space Modular Buildings. The
description of the work to be completed is as follows:
It is agreed that City of Palo Alto (Customer) will pay Design Space Modular Buildings at the time of completion of the work
for the above-mentioned services. Please acknowledge this work authorization, and email back to the attention of
Alex Sufi.
DSMB Change Order Policy: A change order, or new contract, must be signed for all work that is beyond our originally
agreed to scope of work. This applies to all work that the customer should be responsible for paying. This C/O should be
done prior to doing the work being ordered. If business sense dictates that it is absolutely necessary to proceed immediately
with the work before getting a signed C/O, and the value is less than $500, then a C/O should be generated and signed as
soon as practically possible after approving the work to proceed.
Item
Provide one 4x4 J-box with empty conduit
Provide one 4060 tempered glass window in middle office
Custome paint the building per provided colors
Provide for future 400 amp panel
PROPOSED CHANGE ORDER
Attachment A
• 1D ·. • s ••• es1gn · pace -•-MOD1 ULAl!I: BUi i DING :S
From VJshm to Reali.ry I On l mfl s-ltd On B-udQfJl
Phone: (707) 678-6100
Fax: (707) 678-6100
To:Bridgette Medved-Perez
From:Alex Sufi
Date:September 30, 2019
CHANGE ORDER #:2 PROJECT REF / AGREEMENT #:5110
Time Impact
(Days)Amount
1 $22,690.00
2 $15,340.00
3 $2,760.00
4 $6,910.00
5 $1,350.00
6
7
8
Total For Change Order $49,050.00
Amounts stated above exclude applicable taxes and use fees.
Thank You.
________________________________ _______________
Acceptance Date
________________________________
Customer PO # (If Applicable)
PROPOSED CHANGE ORDER
This serves as authorization for the following work to be performed by Design Space Modular Buildings. The
description of the work to be completed is as follows:
It is agreed that City of Palo Alto (Customer) will pay Design Space Modular Buildings at the time of completion of the work
for the above-mentioned services. Please acknowledge this work authorization, and email back to the attention of
Alex Sufi.
DSMB Change Order Policy: A change order, or new contract, must be signed for all work that is beyond our originally
agreed to scope of work. This applies to all work that the customer should be responsible for paying. This C/O should be
done prior to doing the work being ordered. If business sense dictates that it is absolutely necessary to proceed immediately
with the work before getting a signed C/O, and the value is less than $500, then a C/O should be generated and signed as
soon as practically possible after approving the work to proceed.
Item
Provide new deck between to exterior doors and one attached set of steps
Provide translift and labor to move the building in the final spot
Additional cost to upgrade skirting
Remove all wheels and axels and store them under the building
Provide additional foundation material and labor to install them per new plan
Attachment B
• 1D ·. • s ••• es1gn · pace -•-MOD1 ULAl!I: BUi i DING :S
From VJshm to Reali.ry I On l mfl s-ltd On B-udQfJl
City of Palo Alto (ID # 10799)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: Appointment of Monique le Conge Ziesenhenne, PhD, as Asst
City Manager
Title: Appointment of Monique le Conge Ziesenhenne, PhD, as Assistant City
Manager
From: City Manager
Lead Department: Human Resources
Recommendation
The City Manager recommends that Council approve the appointment of Monique le
Conge Ziesenhenne, PhD.
Executive Summary
The Palo Alto Municipal Code requires that the City Council approve the City Manager’s
appointment of Assistant City Manager.
Background
The City Manager makes appointments to the position of Assistant City Manager with
the approval of the City Council. (Municipal Code 2.08.020.)
The Assistant City Manager provides executive level support and assistance to City
Departments and may act on behalf of the City Manager at City Council meetings, with
members of the public and at times when the City Manager is not present. The position
of Assistant City Manager became vacant in December of 2018 when Edward Shikada
was selected as the next City Manager.
Discussion
The City Manager requests approval of the appointment of Monique le Conge
Ziesenhenne to the position of Assistant City Manager. Dr. Ziesenhenne has been
serving as the Interim Assistant City Manager since May of this year. A comprehensive
and competitive nationwide executive recruitment was completed in September 2019.
Dr. Ziesenhenne competed with other top candidates for the position and was selected
as the finalist.
City of Palo Alto Page 2
Dr. Ziesenhenne has served as the Director of the City of Palo Alto Libraries since May
2011. In March 2017, Dr. Ziesenhenne was temporarily assigned to oversee the
Community Services Department in addition to overseeing the Libraries. In this special
assignment, Dr. Ziesenhenne was asked to explore how the two departments relate to
one another, explore opportunities for collaboration and to improve efficiencies. Dr.
Ziesenhenne maintained oversight of these two departments until she was asked to
assist as the Interim Assistant City Manager.
Prior to joining the City of Palo Alto, Dr. Ziesenhenne served for 7 years as the Director
of Library and Cultural Services in the City of Richmond. Her career encompasses a total
of 31 years of experience in local government.
Dr. Ziesenhenne earned a bachelor’s degree in design from UC Davis and a Master of
Library and Information Studies from UC Berkeley. In 2017 she earned a PhD in
Managerial Leadership in Information Professions, from Simmons University in Boston,
Massachusetts. She is active in professional organizations, such as the California Library
Association and the American Library Association. In 2018-19, Dr. Ziesenhenne served
as President of the Public Library Association (PLA).
Resource Impact
Dr. Ziesenhenne will be in an “At-Will” position, which means she will serve at the
pleasure of the City Manager and can be terminated or asked to resign at any time.
Her annual salary will be $258,554, which is within the management salary range for
the Assistant City Manager classification according to the adopted salary schedule
previously adopted by Council. Dr. Ziesenhenne’s benefits remain unchanged from her
current position, consistent with the Management and Professional Compensation Plan
authorized by Council. One exception is that Dr. Ziesenhenne was receiving a monthly
auto allowance in her current position and the allowance will be discontinued upon her
appointment to Assistant City Manager.
Timeline
With approval of this appointment, Dr. Ziesenhenne will assume the position of
Assistant City Manager effective November 4, 2019.
Policy Implications
This recommendation is consistent with existing City Policies.
Environmental Review
Not applicable.
City of Palo Alto (ID # 10675)
City Council Staff Report
Report Type: Action Items Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: PUBLIC HEARING: TEFRA Hearing for Bowman School
Title: TEFRA HEARING: Regarding Conduit Financing for the Bowman
International School Project Located at 4000 Terman Drive, Palo Alto and 693
Arastradero Road, Palo Alto; and Approving the Issuance of Revenue
Obligations by the California Enterprise Development Authority for the
Purpose of Financing and Refinancing the Cost of the Acquisition,
Development, Construction, Installation, Equipping and Furnishing of Various
Educational Facilities and Other Matters Relating Thereto
From: City Manager
Lead Department: Administrative Services
Recommendation
1) Conduct a public hearing under the requirements of the Tax Equity and Fiscal
Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, as amended
(Code); and
2) Adopt a resolution (Attachment A) approving the issuance of the bonds by the California
Enterprise Development Authority (CEDA) (the “Authority”) on behalf of and for the
benefit of Bowman International School (aka Bowman School) (the “School”).
Background
The School which has a campus in Palo Alto, has requested that the Authority (CEDA), a joint
powers agency, issue one or more series of revenue bonds in an aggregate principal amount
not to exceed $30,000,000 (the “Bonds”) including but not limited to revenue bonds issued as
part of a plan to finance the Project described herein, to refinance existing School debt and
finance the cost of design, development, construction, installation, equipping and furnishing of
educational facilities of the School. The TEFRA hearing will allow the issuance of tax-exempt
bonds resulting in lower financing costs and debt service costs for the School.
In order for the Bonds to be tax exempt, the federal Tax Equity and Fiscal Responsibility Act of
1982 (“TEFRA”) needs the City to (a) conduct a public (TEFRA) hearing, providing the members
of the community an opportunity to speak in favor of or against the use of tax-exempt bonds
for the financing of the project and (b) adopt a Resolution approving the issuance of the Bonds
by the Authority for the benefit of the School.
City of Palo Alto Page 2
According to TEFRA requirements, prior to the hearing, reasonable notice must be provided to
the members of the community. This was done by the Authority’s financing team with
coordination with the City Clerk’s Office. Following the close of the TEFRA hearing, an
“applicable elected representative” of the governmental unit hosting the proposed project
must provide its approval of the issuance of the bonds for the financing of the project under
Section 147(f) of the Code.
There is no financial impact to the City from its approval of the issuance of the Bonds. The
Authority will act as issuer and perform all of the necessary legal and administrative
responsibilities associated with the financing. The Bonds are special, limited obligations of the
Authority payable solely through the repayment of the loan by the School which will be used to
pay the principal of and interest on the Bonds. The Bonds issued by the Authority are not an
obligation of the City or any member of the Authority. Neither the full faith or credit, nor the
taxing power of the City, any member of the Authority, the State or any political subdivision is
pledged to the repayment of the Bonds.
The School is a private nonprofit school, founded in May 1995; it is a preschool through Grade 8
Montessori School located in Palo Alto, California. The School states it is accredited by the
Western Association of Schools and Colleges (WASC) (only one of two WASC accredited
Montessori schools in California) and the International Montessori Council (IMC).
The School’s mission statement is to inspire children to love learning in an academically
challenging and internationally-aware program that promotes leadership, respect,
responsibility, and independence. The School’s goal is to embrace the challenge of equipping
the next generation through an individualized, integrated, hands-on approach based on the
proven Montessori methods of development and learning. Additional School information can
be found in its website at https://bowmanschool.org/.
Discussion
Since the School is located within the jurisdiction of the City of Palo Alto, the City has been
asked to conduct a TEFRA hearing and adopt a resolution (Attachment A) that approves the
issuance of bonds by the Authority for the benefit of the School. This public hearing is an
opportunity for all interested persons to speak or to submit written comments concerning the
proposal to issue the debt and the nature or location of the facility to be financed; however
there is no formal obligation on the part of the School or the Council to respond to any specific
comments made during the hearing or submitted in writing.
The bonds are intended to finance the Project described herein. The Authority will loan the
proceeds of the Bonds to the School for the purpose of (a) (i) refinancing outstanding
indebtedness incurred by the School, the proceeds of which were used to finance and refinance
the cost of the acquisition, construction, development, equipping and furnishing of educational
facilities located at 4000 Terman Drive, Palo Alto, consisting of a two-story building (with
improved basement) containing 23,428 square feet of classrooms, library, faculty lounge with
full kitchen, three adult restrooms, administrative offices, music room and other related
City of Palo Alto Page 3
facilities, and (ii) financing the cost of the acquisition, construction, development, equipping
and furnishing of an approximately 16,340 square foot academic village located at 693
Arastradero Road, Palo Alto consisting of a building with additional classrooms, a multi-purpose
building with an auditorium and offices and other related facilities (collectively, the “Facilities”)
and (b) paying certain costs of issuance in connection with such financing. The financing and
refinancing of the Facilities with tax-exempt obligations will allow the School to achieve
significant debt service savings and deploy resources towards providing educational services
provided by the School to residents of the City of Palo Alto and the surrounding communities in
accordance with its mission. The School is subject to the City’s land use and development
standards and has already obtained entitlements and began construction at 693 Arastradero
Road.
The Authority (CEDA) is a Joint Powers Authority (JPA) created in 2006 to address gaps in
economic development financing. The Authority facilitates the issuance of private activity
bonds for the purpose of economic and community development. The City became an associate
member of on January 14, 2013. The Joint Exercise of Powers Agreement provides that the
Authority is a public entity, separate and apart from each member executing such agreement.
The debts, liabilities and obligations of the Authority do not constitute debts, liabilities or
obligations of the members executing such agreement. The bonds to be issued by the Authority
for the project will be the sole responsibility of the School, and the City of Palo Alto will have no
financial, legal, moral obligation, liability or responsibility for the project or the repayment of
the bonds for the financing of the project. All financing documents with respect to the issuance
of the bonds will contain clear disclaimers that the bonds are not obligations of the City of Palo
Alto or the State of California but are to be paid for solely from funds provided by the School.
The City is in no way exposed to any financial liability by reason of its membership in the
Authority. In addition, participation by the City in the Authority does not impact the City’s
appropriations limits and will not constitute any type of indebtedness by the City. Outside of
holding the TEFRA hearing and adopting the required resolution, no other participation or
activity of the City or the City Council with respect to the issuance of the bonds will be required.
Based on the benefits of the project to the Palo Alto community and the lack of any financial
obligations on the part of the City, staff recommends that Council approve the attached
resolution.
Resource Impact
As stated, the City will incur no financial obligation from approval of the recommendations.
Bowman International School (aka Bowman School) is requesting authority to issue up to $30
million in bonds through the Authority. The City will receive a fee of approximately $2,335 to
cover the cost for this hearing.
Policy Implications
Actions recommended in this report are consistent with Council’s prior actions in supporting
non-profit financings under the TEFRA (e.g., most recently approving tax-exempt financing
through the California Municipal Finance Authority for Channing House on October 29, 2018,
Staff Report ID # 9637).
City of Palo Alto Page 4
Environmental Review
Action on this item does not constitute a project under Section 21065 of the Public Resources
Code.
Attachments:
Attachment A TEFRA Resolution for Bowman International School
4832-4262-6978.2
Not Yet Approved Attachment A
Resolution No. _____
A Resolution of the City Council of the City of Palo Alto Approving the Issuance
Tax-Exempt Revenue Bonds by the California Enterprise Development Authority
in an Aggregate Principal Amount not to Exceed $30,000,000 to Finance and
Refinance the Cost of the Acquisition, Development, Construction, Installation,
Equipping and Furnishing of School Facilities for Bowman International School,
and other Matters Relating Thereto
A. Bowman International School, a California nonprofit public benefit corporation
(the “School”), duly organized and existing under the laws of the State of California (the “State”),
has requested that the California Enterprise Development Authority (the “Authority”) issue, from
time to time, pursuant to a plan of finance, its tax-exempt revenue obligations in an aggregate
principal amount not to exceed $30,000,000 (the “Bonds”) for the benefit of the School, pursuant
to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with
Section 6500) (the “Act”) for the purpose of (a) (i) refinancing outstanding indebtedness incurred
by the School, the proceeds of which were used to finance and refinance the cost of the
acquisition, construction, development, equipping and furnishing of educational facilities located
at 4000 Terman Drive, Palo Alto, California, and (ii) finance the cost of the acquisition,
construction, development, equipping and furnishing of an approximately 16,340 square foot
academic village located at 693 Arastradero Road, Palo Alto, California consisting of a building
with additional classrooms, a multi-purpose building with an auditorium and offices and other
related facilities (collectively, the “Facilities”) and (b) paying certain costs of issuance in
connection with such financing; and
B. The School is an organization described in Section 501(c)(3) of the Internal
Revenue Code of 1986, as amended (the “Code”) and will own and operate the Facilities in
connection with its mission of providing an independent, college preparatory school that exists to
develop and inspire students; and
C. Pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), the
issuance of the Bonds by the Authority must be approved by the City because the Facilities are
located within the territorial limits of the City; and
D. The City Council of the City (the “City Council”) is the elected legislative body of
the City and is one of the “applicable elected representatives” required to approve the issuance
of the Bonds under Section 147(f) of the Code; and
E. The Authority has requested that the City Council approve the issuance of the
Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of
the Code and the requirements of the Joint Exercise of Powers Agreement Relating to the
California Enterprise Development Authority, dated as June 1, 2006(the “Agreement”), among
certain local agencies, including the City; and
F. Pursuant to Section 147(f) of the Code, the City Council has, following notice duly
given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the
issuance of the Bonds by the Authority.
G. It is intended that this Resolution shall comply with the public approval
requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither
intended to nor shall it constitute an approval by the City Council of the Facilities for any other
purpose, including, but not limited to, compliance with the California Environmental Quality Act
(California Public Resources Code, Section 21100, et seq.) (“CEQA”);
NOW, THEREFORE, the City Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City Council hereby approves the issuance of the Bonds by the
Authority. It is the purpose and intent of the City Council that this resolution constitute approval
of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code
by the applicable elected representative of the governmental unit having jurisdiction over the
area in which the Facilities are located, in accordance with said Section 147(f) and (b) the
Agreement.
SECTION 3. The adoption of this Resolution shall not obligate the City or any
department thereof to (i) provide any financing for the Facilities; (ii) approve any application or
request for or take any other action in connection with any land use entitlements, permit or other
action necessary for the acquisition, rehabilitation or operation of the Facilities; or (iii) make any
contribution or advance any funds whatsoever to the Authority.
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
SECTION 4. This Resolution shall take effect from and after its adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney City Manager or Designee
Director of Administrative
Services
City of Palo Alto (ID # 10537)
City Council Staff Report
Report Type: Action Items Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: 2019 California Building Code Adoption with Local
Amendments
Title: PUBLIC HEARING: Adoption of Eight Ordinances That Repeal and Adopt
Various Sections of the Palo Alto Municipal Code Related to the 2019
California Building Code Update and Proposed Local Amendments; including:
(1) Repeal Chapter 15.04 of Title 15 and Adopt a new Chapter 15.04
Incorporating the 2019 California Fire Code With Local Amendments
Including Title 24 of the California Code of Regulations (CCR), Part 9; (2)
Repeal Chapter 16.04 of Title 16 Related to Various Building Codes and Adopt
a new Chapter 16.04 Incorporating the 2019 California Building Code With
Local Amendments Including Title 24 of the CCR, Part 2; (3) Repeal Chapter
16.05 of Title 16 Related to the Mechanical Code and Adopt a new Chapter
16.05 Incorporating the 2019 California Mechanical Code With Local
Amendments Including Title 24 of the CCR, Part 4; (4) Repeal Chapter 16.06
of Title 16 Related to the Residential Code and Adopt a new Chapter 16.06
Incorporating the 2019 California Residential Code With Local Amendments
Including Title 24 of the CCR, Part 2.5; (5) Repeal Chapter 16.08 of Title 16
Related to the Plumbing Code and Adopt a new Chapter 16.08 Incorporating
the 2019 California Plumbing Code With Local Amendments Including Title 24
of the CCR, Part 5; (6) Repeal Chapter 16.14 of Title 16 Related to the Green
Building Standards and Adopt a new Chapter 16.14 Incorporating the 2019
California Green Building Standards With Local Amendments Including Title
24 of the CCR, Part 11, and Amend Section 16.12.035; (7) Repeal Chapter
16.16 of Title 16 Related to the Electrical Code and Adopt a new Chapter
16.16 Incorporating the 2019 California Electrical Code With Local
Amendments Including Title 24 of the CCR, Part 3; (8) Repeal Chapter 16.18
of Title 16 Related to the Swimming and Spa Codes and Adopt a new Chapter
16.18 Incorporating the 2018 International Swimming Pool and Spa Code
With Local Amendments. This Project is Exempt Under CEQA Guidelines
Sections 15061(b) and 15308
City of Palo Alto Page 2
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that the City Council take the following actions:
1. Adopt the attached eight ordinances that repeal and adopt various chapters of Title 15
and 16 of the Palo Alto Municipal Code related to the 2019 California Building Code
update with local amendments and findings; and,
2. Find that the proposed action is exempt from the provisions of the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15308
and 15061(b)(3).
Executive Summary
Every three years, the State of California adopts new building standards that are codified in
Title 24 of the California Code of Regulations, referred to as the California Building Standards
Code. Upon publication of the new Building Standards Code, local jurisdictions are allowed 180
days within which to amend the model State codes to enact more stringent local building
standards. Such local amendments to the model State codes must be supported with findings
that are based on unique local climatic, geologic and topographic conditions. A public hearing is
required to adopt the model State codes and local amendments, which must be supported by
applicable findings. This report explains the process for adoption of the 2019 California Building
Standards Code that will become effective statewide on January 1, 2020, and summarizes the
proposed local amendments.
Background
The eight ordinances are described below:
1. Ordinance repealing Chapter 16.04 of the Palo Alto Municipal Code and amending Title
16 to adopt a new Chapter 16.04, California Building Code, California Historical Building
Code, and California Existing Building Code, 2019 Editions, and Local Amendments and
Related Findings – The California Building Code (CBC) is the fundamental building code
within the State of California that regulates most new building construction and is based
on the 2018 International Building Code (IBC), written by the International Code Council
(ICC), as amended by the California Building Standards Commission. The 2019 California
Historical Building Code (CHBC) is unique to California and prescribes building standards for
designated historic structures aimed at balancing the goals of historic preservation with
life, safety and accessibility concerns when the provisions of the regular building code
cannot be achieved. The 2019 California Existing Building Code (CEBC) is based on the 2018
International Existing Building Code, also written by the ICC, as amended by the Building
Standards Commission. Like the CHBC, the CEBC prescribes alternative building standards
City of Palo Alto Page 3
for repairs to existing structures when the provisions of the regular code cannot be
achieved. (Attachment A)
2. Ordinance repealing Chapter 16.05 of the Palo Alto Municipal Code and amending Title
16 to adopt a new Chapter 16.05, California Mechanical Code, 2019 Edition, and Local
Amendments and Related Findings – The California Mechanical Code (CMC) is based on
the 2018 Uniform Mechanical Code (UMC), written by the International Association of
Plumbing & Mechanical Officials (IAPMO), as amended by the Building Standards
Commission, and prescribes standards for mechanical heating, ventilating and cooling
systems, and appurtenant equipment, within buildings. (Attachment B)
3. Ordinance repealing Chapter 16.06 of the Palo Alto Municipal Code and amending Title
16 to adopt a new Chapter 16.06, California Residential Code, 2019 Edition, and Local
Amendments and Related Findings – The California Residential Code (CRC) is based on the
2018 International Residential Code (IRC) which is written by the International Code
Council, as amended by the Building Standards Commission. The Residential Code is a
simplified version of the Building Code and prescribes building standards for low-rise (one
and two-story), detached single and two-family dwelling units, and townhouses not more
than three stories in height. (Attachment C)
4. Ordinance repealing Chapter 16.08 of the Palo Alto Municipal Code and amending Title
16 to adopt a new Chapter 16.08, California Plumbing Code, 2019 Edition, and Local
Amendments and Related Findings – The California Plumbing Code (CPC) is based on the
2018 Uniform Plumbing Code (UPC), also written by the International Association of
Plumbing and Mechanical Officials (IAPMO), as amended by the Building Standards
Commission, and prescribes standards for water and wastewater distribution systems, and
appurtenant equipment, within buildings. (Attachment D)
5. Ordinance repealing Chapter 16.14 of the Palo Alto Municipal Code and amending Title
16 to adopt a new Chapter 16.14, California Green Building Standard Code, 2019 Edition,
and Local Amendments and Related Findings – The California Green Building Standard
Code (Cal Green) is unique to California. It is not based upon a model code nor adopted by
reference. The purpose of Cal Green is to improve public health, safety and general welfare
through enhancement of design and construction of buildings using building concepts
reducing negative impacts or having positive environmental impacts and encouraging
sustainable construction practices. As such, Cal Green along with City of Palo Alto
amendments applies to planning, design, operation, construction, use and occupancy of
residential and non-residential construction. (Attachment E)
6. Ordinance repealing Chapter 16.16 of the Palo Alto Municipal Code and amending Title
16 to adopt a new Chapter 16.16, California Electrical Code, 2019 Edition– The 2019
California Electrical Code (CEC) is based on the 2017 National Electrical Code, written by
the National Fire Protection Agency (NFPA), as amended by the Building Standards
City of Palo Alto Page 4
Commission, and prescribes standards for electrical supply and operating systems and
appurtenant equipment within buildings. (Attachment F)
7. Ordinance repealing Chapter 15.04 of the Palo Alto Municipal Code and amending Title
15 to Adopt a new Chapter 15.04, California Fire Code, 2019 Edition – The 2019 California
Fire Code is based on the 2018 International Fire Code. The 2019 code improves upon the
2016 Standards for reducing hazards, increasing fire life safety, and property preservation.
Most local amendments are derived from the collaborative efforts of the County Fire
Marshal’s Association (Attachment G)
8. Ordinance repealing Chapter 16.18 of the Palo Alto Municipal Code and amending Title
16 to adopt a new Chapter 16.18, Private Swimming Pool and Spa Code, 2019 Edition –
The Private Swimming Pool and Spa Code is based on the 2018 International Swimming
Pool and Spa Code (ISPSC) to regulate private residential swimming pools and spas.
(Attachment H)
Discussion
Typically, a new edition of the CBSC is published and adopted by the State of California every
three years, based substantially on the model uniform codes. Palo Alto last adopted new
building codes in 2016. This year, the Building Standards Commission adopted and published a
new edition of the CBSC based on the 2018 IBC and updated versions of other model codes. The
new CBSC will become effective statewide on January 1, 2020, as published, unless local
jurisdictions adopt more stringent amendments in accordance with State law. Generally, the
local amendment process requires local authorities to make specific findings to support each
local amendment, based on climatic, geologic or topographic conditions that are unique to each
jurisdiction. For Palo Alto’s proposed local amendments, these findings of fact are attached to
each Ordinance where applicable.
Many of the proposed local amendments to the 2019 California Building and Residential Codes
are administrative in nature and are intended to maintain consistency with other provisions of
the Municipal Code and reflect the City’s current policies and practices dealing with building
code enforcement. The proposed local amendments that are technical in nature have been
developed in concert with building officials, fire chiefs, and code consultants from throughout
the region to promote consistency across jurisdictions. A number of these amendments address
aspects of the CBC or IRC that would otherwise allow less restrictive building design and
construction practices than what currently exists, particularly with respect to structural analysis
and seismic safety. Additionally, new repair and reconstruction standards are proposed for
incorporation into the Building Code to meet the Federal Emergency Management
Association’s (FEMA’s) eligibility requirements for post-disaster funding assistance for repairs to
public and private non-profit-owned buildings damaged in disasters. Other amendments to
both the Building and Residential Codes ensure consistency with provisions of the 2019
California Fire Code that is being adopted concurrent with these codes.
City of Palo Alto Page 5
A few local amendments are proposed to the 2019 California Electrical and Mechanical Codes
that consider the climatic and geological uniqueness of Palo Alto while several are proposed to
the Plumbing Code. These Plumbing Code amendments are intended to promote consistency
with Palo Alto’s Sewer Use Ordinance (PAMC Chapter 16.09) and support the City’s efforts to
reduce copper and other heavy metal discharges from the Wastewater Treatment Plant, in
addition to water conservation (e.g. the prohibition of single-pass cooling systems).
The development of the Cal Green Code is intended to (1) cause a reduction in greenhouse gas
emissions from buildings; (2) promote environmentally responsible, cost-effective, healthier
places to live and work; and (3) reduce energy and water consumption. In April of 2016, City
Council approved a Sustainability Action Plan (S/CAP) Framework to reduce 80% of the Green
House Gas, GHG emissions from the 1990 levels by the year 2030. To carry out the S/CAP goals,
Council approved a 3-year Sustainability Implementation Plan, SIP in 2018 as a road map for
achieving the 80% reduction goals. Two of the four focus areas of the SIP included reducing
inefficient water use and ensuring sustainable water sources, accelerating Electric Vehicle, EV
penetration for both Palo Alto based and in-bound vehicles. These elements have been
incorporated into the Green Building Code ordinance. Some of the water efficiency measures
include increasing incentives for installing residential gray water systems and lowering the
threshold for non-residential construction to install dual plumbing to accommodate for recycled
water sources. Electric Vehicle, EV-Ready conduits are required for all new low-rise residential
construction. New non-residential and hotel buildings are required to provide 20-30% of the
available parking to Electric Vehicle Supply Equipment, EVSE-Ready of which at least 5% of the
parking is required be to EVSE-Installed parking. This exceeds state requirement of 6% of
parking to be EVSE-Ready for new construction.
Local amendments to the 2019 California Fire Code are recommended primarily in the areas of
provision of site maps for fire permit final, clarifications relating to smoke detectors, and fire
sprinklers.
The adoption of the 2018 International Swimming Pool and Spa Code incorporates the latest in
pool safety standards, including envelopes and diving equipment requirements, as well as
ladder, stair, and deck requirements.
Consistent with State law, the California Codes will go into effect in Palo Alto on January 1,
2020, unless amended by local ordinance adopted prior to January 1. Thus, Palo Alto’s local
amendments will be effective on January 1, 2020, when the model codes will otherwise go into
effect statewide. Prior to the effective date, Building Division staff will undergo comprehensive
training on the new codes and an outreach and public education effort aimed at the design and
construction sectors that regularly work in Palo Alto will be implemented.
One local amendment to the building regulations not included in the attached ordinances is
expected to return to the City Council next year. This amendment would modify and align the
City’s zoning and building regulations pertaining to substantial remodels and when a remodeled
City of Palo Alto Page 6
building is considered new construction. Remodeled structures in some instances benefit from
regulations that allow non-complying features of a building to remain and may affect the way
historic resources are evaluated and preserved. Staff will conduct further outreach on this issue
and hold a public hearing before the Planning and Transportation Commission and meet with
various stakeholders before returning to the City Council.
Presently, the zoning code has a difficult provision in determining when a structure has been
substantially remodeled to constitute a new building has implication for compliance with the
City’s energy reach code, zoning compliance
Resource Impact
Resource impacts from the adoption of these ordinances are limited to staff training costs,
purchasing copies of the new codes and implementation of public outreach efforts.
Policy Implications
The State of California mandates enforcement of the updated California Building Standards
Code and it will go into effect regardless of the City’s action or lack of action. The City does have
discretion to adopt local amendments to the CBSC, which must be effective by January 1, 2020.
Stakeholder Engagement
In February 2018, Palo Alto hosted a “Green Building Summit” at the Mitchell Park Community
Center that included over 50 members from the Green Building Advisory Group, GBAG with a
panel of green building industry experts that included the California Energy Commission,
Andrew McAllister to discuss the future of green building and sustainable design. Members of
the GBAG participated in a vetting effort to explore green building measures and energy
efficiencies requirements for Palo Alto. The Green Building Advisory Group was comprised of
architects, contractors, engineers, green building professionals, energy modelers,
environmentalists and staff. The Technical Advisory Committee, TAC was a subcommittee
formed from the GBAG group to work on the technical details of the priorities that resulted
from the Green Building Summit. The TAC groups convened for seven meetings from May
through December of 2018 to discuss the direction of local building ordinances and to form the
basis of reach codes that increase the green building code and energy code requirements above
the state “base” codes.
The development of the reach codes for the Green Building Code and the Energy Code
ordinances were impacted by the late release in the beginning of August 2019 of the Statewide
Cost-Effectiveness Study. The California Energy Commission requires a cost-effectiveness study
by local jurisdictions interested in pursuing reach codes to demonstrate that additional
efficiencies beyond the base code are cost-effective and will not impose undue financial
hardship to homeowners and developers.
In August of 2019, the draft components of the Green Building and Energy Reach Code
ordinance were ready to be vetted by the community through a series of three public-
City of Palo Alto Page 7
engagement meetings. First, the TAC meeting was scheduled during the first week of August
and then two additional community meetings were held the first two weeks of August at the
Mitchell Park Community Center.
After the three public-engagement meetings in August, the proposed reach codes were
adjusted to address concerns from the community meetings and presented to the TAC group in
the second week of October.
Environmental Review
The recommended action in this report is exempt from the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines section 15308 as an action by the City for
protection of the environment, and under section 15061(b)(3) on the grounds that the
proposed standards are more stringent than the State energy standards, there are no
reasonably foreseeable adverse environmental impacts and there is no possibility that the
activity in question may have a significant effect on the environment.
Attachments:
• Attachment A - ORD Ch 16.04 Building Code Amending Ordinance for 2019 Code Cycle
• Attachment B - ORD Ch 16.05 Mechanical Code Amending Ordinance for 2019 Code
Cycle 2019102202
• Attachment C - ORD Ch 16.06 Residential Code Amending Ordinance for 2019 Code
Cycle
• Attachment D - ORD Ch 16.08 Plumbing Code Ordinance Amending for 2019 Code Cycle
• Attachment E - ORD Ch 16.14 Green Building Code Amending Ordinance for 2019 Code
Cycle
• Attachment F - ORD Ch 16.16 Electrical Code Amending Ordinance for 2019 Code Cycle
• Attachment G - ORD Repealing Chapter 15.04 of the Palo Alto Municipal Code and
amending Title 15 to Adopt a new Chapter 15.04, Ca Fire Code
• Attachment H - ORD Ch 16.18 International Swimming Pool Code Amending Ordinance
for 2019 Code Cycle
Attachment A
*NOT YET PASSED*
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Ordinance No._____
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.04 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a
New Chapter 16.04, California Building Code, California Historical
Building Code, and California Existing Building Code, 2019 Editions, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.04 of the Palo Alto Municipal Code is hereby amended by repealing it in
its entirety and adopting a new Chapter 16.04 to read as follows:
16.04 CALIFORNIA BUILDING CODE
16.04.010 2019 California Building Code adopted.
The California Building Code, 2019 Edition, Title 24, Part 2 of the California Code of Regulations,
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2016, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2019. Ordinance No. 5389 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases “California Building Code” or “Building Code” are used in this code or any
ordinance of the City, such phrases shall be deemed and construed to refer and apply to the
California Building Code, 2019 Edition, Title 24, Part 2 of the California Code of Regulations, as
adopted by this chapter.
One copy of the California Building Code, 2019 Edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.04.020 2019 California Building Code Appendix Chapters adopted.
The following Appendix chapters and section of the California Building Code, 2019 Edition, are
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same
as if fully set forth herein:
A. Appendix I – Patio Covers
B. Section J109.4 – Drainage across Property Lines (Appendix J)
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C. Appendix O – Emergency Housing
16.04.030 Cross - References to California Building Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Building Code, 2019 Edition, in order to facilitate reference and comparison to those provisions.
16.04.040 Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement.
Section 1.11.2.1.1 of Chapter 1 of the California Building Code is amended to read:
1.11.2.1.1 The responsibility for enforcement of building standards adopted by the State
Fire Marshal and published in the California Building Standards Code relating to fire and
panic safety and other regulations of the State Fire Marshal shall, except as provided in
Section 1.11.2.1.2, be as follows:
1. The city, county or city and county with jurisdiction in the area affected by the
standard or regulation shall delegate the enforcement of the building standards
relating to fire and panic safety and other regulations of the State Fire Marshal as they
relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the
California Building Standards Code, to both enforcement divisions specific to their
areas of enforcement disciplines:
1.1 The chief of the fire authority of the city or an authorized representative and;
1.2. The chief building official of the city or an authorized representative.
16.04.050 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this
Chapter. Violators shall be subject to any penalty or penalties authorized by law, including but
not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto
Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal
Code. Each separate day or any portion thereof during which any violation of this Chapter
occurs or continues shall be deemed to constitute a separate offense.
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When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation
has been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.04.060 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.04.070 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Building Code, 2019 Edition, and shall be deemed to replace the cross-
referenced sections of said Code with the respective provisions set forth in this Chapter.
16.04.075 Section 101 General. Section 101 of Chapter 1 of the California Building Code is
amended to read:
101.1 Title. The regulations shall be known as the Building Code of City of Palo Alto,
hereinafter referred to as “this code.”
16.04.080 Section 105.1.3 Demolition permits. Section 105.1.3 of Chapter 1 of the
California Building Code is added to read:
105.1.3 Demolition permits. In addition to other requirements of law, every person
seeking a permit to demolish a unit used for residential rental purposes shall furnish an
affidavit or declaration under penalty of perjury that the unit proposed to be
demolished is vacant, or that notice to vacate has been given to each tenant lawfully in
possession thereof as required by law or by the terms of such tenancy. No work or
demolition shall begin upon any portion of such a unit until each and every portion has
been vacated by all tenants lawfully in possession thereof.
16.04.085 Section 105.3.2 Time limitation of application. Section 105.3.2 of Chapter 1 of
the California Building Code is amended to read:
Section 105.3.2 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned 365 days after the date of filing,
unless such application has been pursued in good faith or a permit has been issued; except
that the building official is authorized to grant one or more extensions and/or reactivations
for additional periods not exceeding 90 days each. The extension shall be required in
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writing and justifiable cause demonstrated.
16.04.090 Section 105.5 Expiration. Section 105.5 of Chapter 1 of the California Building
Code is amended to read:
105.5 Expiration. Every permit issued shall become invalid unless the work on
the site authorized by such permit is commenced within 180 days or 12 months
for residential occupancies after its issuance, or if the work authorized on the
site by such permit is suspended or abandoned for a period of 180 days after the
time the work is commenced. For the purpose of this section, failure to progress
a project to the next level of required inspection shall be deemed to be
suspension of the work.
The chief building official or designee is authorized to grant, in writing, no more
than three extensions and reactivations of permits that would otherwise expire
or reactivations of expired permits, for periods not more than 180 days each and
may require:
1) that the construction documents be revised to partially or fully
comply with current codes; and
2) payment of a fee; and
3) payment of a penalty pursuant to Chapter 16.62 of the Palo Alto
Municipal Code, as it may be amended from time to time.
Extensions and reactivations shall be requested in writing and justifiable cause
demonstrated. Additional extensions or reactivations beyond three may only be
granted with the approval of the City Council.
105.5.1 Term Limit for Permits. All work associated with a building
permit must be completed, and final inspection issued, within 48 months
of permit issuance.
16.04.100 Section 109.6 Refunds. Section 109.6 of Chapter 1 of the California Building
Code is amended to read:
109.6 Refunds The building official or designee may authorize the refund of any fee paid
hereunder which was erroneously paid or collected. The building official or designee
may authorize the refund of not more than eighty percent (80%) of the Permit Fee paid
when no work has occurred under a permit issued pursuant to this Chapter. The
building official or designee may authorize the refund of not more than eighty percent
(80%) of the Plan Review Fee paid when a permit application is withdrawn or canceled
before any plan review work has started.
16.04.110 Section 109.7 Re-Inspection fees. Section 109.7 of Chapter 1 of the California
Building Code is added to read:
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109.7 Re-Inspection Fees. A Re-Inspection Fee may be assessed/authorized by the
building official or the building inspection supervisor for each re-inspection required
when work for which an inspection is requested is not ready for inspection or when
required corrections noted during prior inspections have not been completed. A “Re-
Inspection Fee” may be assessed/authorized when:
1. The inspection record card is not posted or otherwise available on the work site; or
2. The approved plans are not readily available for the inspector at the time of
inspection; or
3. The inspector is unable to access the work at the time of inspection; or
4. When work has substantially deviated from the approved plans without the prior
approval of the building official.
5. When a Re-Inspection Fee is assessed, additional inspection of the work will not be
performed until the fee has been paid.
16.04.115 Section 110.2.1 Preliminary accessibility compliance inspection. Section 110.2.1
of Chapter 1 of the California Building Code is added to read:
110.2.1 Preliminary accessibility compliance inspection. Before issuing a permit, the
building official or designee is authorized to examine or cause to be examined the pre-
construction accessibility compliance conditions of the buildings, structures, and sites
for which an application has been filed.
16.04.120 Section 110.3.3 Lowest floor elevation. Section 110.3.3 of Chapter 1 of the
California Building Code is amended to read:
110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification shall be submitted to City Public Works Engineering for inspection approval
prior to foundation inspection by City Building Inspection.
16.04.130 Section 111.1 – Use and occupancy. Section 111.1 of Chapter 1 of the California
Building Code is amended to read:
111.1 Use and occupancy. A building or structure shall not be used or occupied,
and a change in the existing occupancy of a building or structure or portion
thereof shall not be made, until the building official has issued a certificate of
occupancy therefor as provided herein. Issuance of a certificate of occupancy
shall not be construed as an approval of a violation of the provisions of this code
or of other ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required for:
1. Work exempt from permits under Section 105.2
2. Group R – Division 2, 3 occupancies
3. Group U occupancies
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111.1.1 Change of occupancy or tenancy. Each change of occupancy, official
name or tenancy of any building, structure or portion thereof, shall require a
new certificate of occupancy, whether or not any alterations to the building are
required by this code.
If a portion of any building does not conform to the requirements of this code for
a proposed occupancy, that portion shall be made to conform. The building
official may issue a new certificate of occupancy without requiring compliance
with all such requirements if it is determined that the change in occupancy or
tenancy will result in no increased hazard to life or limb, health, property or
public welfare.
When application is made for a new certificate of occupancy under this section,
the building official and fire chief shall cause an inspection of the building to be
made. The inspector(s) shall inform the applicant of those alterations necessary,
or if none are necessary, and shall submit a report of compliance to the building
official.
Before any application for a new certificate of occupancy is accepted, a fee shall
be paid by the applicant to cover the cost of the inspection of the building
required by the change of occupancy or tenancy.
16.04.140 Section 111.3– Temporary occupancy. Section 111.3 of Chapter 1 of the California
Building Code is amended to read:
111.3 Temporary occupancy. The building official is authorized to issue a
temporary certificate of occupancy before the completion of the entire work
covered by the permit, or as otherwise required, provided that such portion or
portions shall be occupied safely. The building official shall set a time period
during which the temporary certificate of occupancy is valid.
16.04.150 Section 111.5 Posting. Section 111.5 of Chapter 1 of the California Building Code is
added to read:
111.5 Posting. The certificate of occupancy shall be posted in a conspicuous,
readily accessible place in the building or portion of building to be occupied and
shall not be removed except when authorized by the building official.
16.04.153 Section 115 Stop Work Order. Section 115 of Chapter 1 of the California Building
Code is amended to read:
SECTION 115
STOP WORK ORDER
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115.1 Authority. Whenever the building official finds any work regulated by this code
being performed in a manner that is contrary to the provisions of this code, without a
permit, beyond the scope of the issued permit, in violation of the Palo Alto Municipal
Code or Zoning Ordinance, or dangerous or unsafe, the building official is authorized to
issue a stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be posted in a visible
location near the location where the work is being conducted. If the owner or owner’s
agent is not on site at the time of posting, a notice advising the reasons for the stop
work order issuance shall be hand delivered or mailed first-class to the owner of the
property involved, or to the owner’s agent, or to the person doing the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work
order shall state the reason for the order, the conditions under which the cited work will
be permitted to resume, and the name and contact information of the official or agency
issuing the order.
115.3 Unlawful Continuance. Any person who continues to engage in any work after
having been served with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor.
115.4 Removal of Posted Stop Work Order. Any person who removes a posted stop
work order without written consent of the Building Official shall be guilty of a
misdemeanor.
115.5 Response Required. Violators receiving a stop work order are required to respond
to the Building Division within five (5) business days of the issued notice to receive
instructions on how to rescind the order.
115.6 Permit Application Required. A building permit application with construction or
demolition plans and supporting (structural calculations, energy calculations, accessible
access) documents must be submitted for approval within fifteen (15) working days
following response to the Building Division. Plans will be reviewed and correction letters
issued or permit application approved by the Building Division. A response to any
correction letter must be submitted within fifteen (15) working days of the date of the
correction letter. Ten working days will be required to review this second submission
and a permit approved for issuance. Permits ready for issuance must be issued within 5
working days thereafter. All construction must be inspected as work progresses and
signed off by all (affected) departments within 180 days of building permit issuance.
115.7 Stop Work Order Penalty. The Building Official may impose Stop Work Order
Penalties in accordance with Section 1.14.050 of this code and/or other applicable law.
16.04.155 Section 502.1 Address identification. Section 502.1 of Chapter 5 of the
California Building Code is amended to read:
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502.1 Address identification. New and existing buildings shall be provided with
approved address identification. The address identification shall be legible and placed in
a position that is visible from the street or road fronting the property. Address
identification characters shall contrast with their background. Address numbers shall be
Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each
character shall be a minimum of 4 inches (102 mm) high with a minimum stroke width
of ½ inch (12.7 mm) unless required to be larger by Section 502.1.2. When required by
the fire code official, address identification shall be provided in additional approved
locations to facilitate emergency response. Where access is by means of a private road
and the building address cannot be viewed from the public way, a monument, pole or
other approved sign or means shall be used to identify the structure. Address numbers
shall be maintained.
502.1.1 Address illumination. Address identification required by Section 501.2
shall be illuminated.
502.1.2 Address identification size. Address numbers and letters shall be sized
as follows:
1. When the structure is between thirty-six (36) and fifty (50) feet from the
road or other emergency means of access, a minimum of one-half inch
(0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other
emergency means of access, a minimum of one inch (1”) stroke by nine
inches (9”) high is required.
16.04.160 Section 702A Definitions – Wildland-Urban Interface Fire Area.
Section 702A of Chapter 7A of the California Building Code is amended include the following
definition of “Wildland-Urban Interface Fire Area”:
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by
the State of California as a “Fire Hazard Severity Zone” in accordance with Public
Resources Code Sections 4201 through 4202 and Government Code Sections
51175 through 51189, or other areas designated by the enforcing agency to be
at a significant risk from wildfires. Within the city limits of the City of Palo Alto,
“Wild Land-Urban Fire Interface Area” shall also include all areas west of
Interstate 280, and all other areas recommended as a “Very High Fire Hazard
Severity Zone” by the Director of the California Department of Forestry.
16.04.170 Reserved
16.04.180 Section 903.2 – Automatic Sprinkler Systems, Where Required.
Section 903.2 of Chapter 9 the California Building Code is amended to read as follows:
903.2 Automatic sprinkler systems, where required. Approved automatic
sprinkler systems in new buildings and structures and in existing modified
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buildings and structures, shall be provided in the locations described in this
section. Automatic fire sprinklers shall be installed per the requirements set
forth in Sections 903.2.1 through 903.2.18 and as follows, whichever is the
more restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings and structures.
Exception: New non-residential occupancies, buildings or
structures that do not exceed 350 square feet of building area
and contain no plumbing fixtures.
2. An automatic sprinkler system shall be provided for all existing
buildings or structures where modifications have been determined
by the Building Official to trigger requirements for seismic retrofit.
3. An automatic sprinkler system shall be provided throughout all
existing buildings when modifications are made that create
conditions described in Sections 903.2.1 through 903.2.18, or that
create an increase in fire area to more than 3600 square feet or
when the addition is equal or greater than 50% of the existing
building square footage whichever is more restrictive.
4. An automatic sprinkler system shall be provided throughout all new
or rendered usable for occupancy and/or storage space basements
regardless of size and throughout existing basements that are
expanded by more than 50% or is conditioned for use. If the addition
is only the basement, then only the basement is required to be fire
sprinkler protection.
5. An automatic sprinkler system shall be installed throughout when
either the roof structure and/or exterior wall structure have been
removed and/or replaced by at least 50% of the existing structure.
6. An automatic sprinkler system shall be installed throughout when
any change in use or occupancy creating a more hazardous fire/life
safety condition, as determined by the Fire Chief.
16.04.190 Section 903.3.1.1 NFPA sprinkler systems.
Section 903.3.1.1 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system
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in accordance with this section, sprinklers shall be installed throughout in accordance
with NFPA 13 and State and local requirements except as provided in Section 903.3.1.1.
1. For new buildings having no designated use or tenant, the minimum sprinkler
design density shall be Ordinary Hazard Group II.
2. Where future use or tenant is determined to require a higher density, the
sprinkler system shall be augmented to meet the higher density.
16.04.200 Section 903.3.1.2 – NFPA 13R sprinkler systems.
Section 903.3.1.2 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R
Occupancies, up to and including four stories in height, automatic sprinkler
systems shall be installed throughout in accordance with NFPA 13 and State and
local standards.
16.04.210 Section 903.3.1.3 – NFPA 13D sprinkler systems.
Section 903.3.1.3 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems
installed in one-and two-family detached dwellings and townhouses shall be installed
throughout in accordance with NFPA 13D and State and local standards. Fire sprinkler
protection is required under rear covered patios extending 4 feet perpendicular from
the exterior of the structure.
16.04.220 Reserved
16.04.230 Reserved
16.04.240 Section 903.4.3 - Floor control valves.
Section 903.4.3 of Chapter 9 of the California Building Code is amended to read as follows:
903.4.3 Floor control valves. Automatic sprinkler systems serving buildings two (2) or
more stories in height shall have valves installed so as to control the system
independently on each floor including basements.
16.04.250 Section 905.3.1 Standpipe Systems.
Section 905.3.1 of the California Building Code is amended to read as follows:
905.3.1 Height. A Class I standpipe system shall be installed in buildings 3 or
more stories in height and in below grade occupied levels.
16.04.255 Section 1203.6 Ventilation of weather-exposed enclosed assemblies.
Section 1203.6 of Chapter 12 of the California Building Code is added to read:
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1203.6 Ventilation of weather-exposed enclosed assemblies. Exterior projecting
elements and appurtenances exposed to the weather and sealed underneath, including
but not limited to balconies, landings, decks, and stairs, shall have cross ventilation for
each separate enclosed space by ventilation openings protected against the entrance of
rain and snow. Blocking and bridging shall be arranged so as not to interfere with the
movement of air. The net free ventilating area shall not be less than 1/150th of the area of
the space ventilated. Ventilation openings shall comply with Section1203.2.1. An access
panel of sufficient size shall be provided on the underside of the enclosed space to allow
for periodic inspection.
Exceptions:
1. An access panel is not required where the exterior coverings applied to the
underside of joists are easily removable using only common tools.
2. Removable soffit vents of at least four inches (4”) in width can be used to
satisfy both ventilation and access panel requirements.
16.04.260 Section 1206.3.4 – Roof guardrails at interior courts.
Section 1206.3.4 of Chapter 12 of the California Building Code is added to read:
1206.3.4 Roof guardrails at interior courts. Roof openings into interior courts
that are bounded on all sides by building walls shall be protected with guardrails.
The top of the guardrail shall not be less than 42 inches in height above the
adjacent roof surface that can be walked on. Intermediate rails shall be designed
and spaced such that a 12 inch diameter sphere cannot pass through.
Exception: Where the roof opening is greater than 600 square feet in
area.
16.04.265 Section 1406.3.1 Projections exposed to weather.
Section 1406.3.1 of Chapter 14 of the California Building Code is added to read:
1406.3.1 Projections exposed to weather. Floor projections exposed to the weather and
sealed underneath, including but not limited to balconies, landings, decks, and stairs shall
be constructed of naturally durable wood, preservative-treated wood, corrosion-resistant
(e.g. galvanized) steel, or similar approved materials.
16.04.270 Section 1503.2.1 Flashing Locations.
Section 1503.2.1 of Chapter 15 of the California Building Code is amended to read:
1503.2.1 Locations. Flashing shall be installed at wall and roof intersections, gutters,
wherever there is a change in roof slope or direction, and around roof openings. Where
flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
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16.04.275 Section 1613.5 ASCE 7, Section 13.1.4 Seismic Design Requirements for
Nonstructural Components.
Section 1613.5 of Chapter 16 of the California Building Code is added to include the following:
13.1.4 Exemptions. The following nonstructural components are exempt from the
requirements of this section:
1. Furniture (except storage cabinets as noted in Table 13.5-1).
2. Temporary or movable equipment
3. Architectural components in Seismic Design Category B other than parapets
supported by bearing walls or shear walls provided that the component
importance factor, Ip, is equal to 1.0.
4. Mechanical and electrical components in Seismic Design Category B.
5. Mechanical and electrical components in Seismic Design Category C provided
that the component importance factor, Ip, is equal to 1.0.
6. Mechanical and electrical components in Seismic Design Categories D, E, or F
where all of the following apply:
a. The component importance factor, Ip, is equal to 1.0;
b. The component is positively attached to the structures;
c. Flexible connections are provided at seismic separation joints and between
the component and associated ductwork, piping, and conduit; and either:
i. The component weighs 400 lb (1,780 N) or less and has a center of
mass located 4 ft (1.22 m) or less above the adjacent floor level; or
ii. The component weights 20 lb (89 N) or less or, in the case of a
distributed system, 5 lb/ft (73 N/m) or less; or
iii. The component weights 200 lb (890N) or less and is suspended
from roof/floor or mounted on wall.
16.04.280 Section 1612.1.1 - Palo Alto Flood Hazard Regulations.
Section 1612.1.1 of Chapter 16 of the California Building Code is added to read:
1612.1.1 Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of
Section 1612.1, all construction or development within a flood hazard area
(areas depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps
published by the Federal Emergency Management Agency) shall comply with the
City of Palo Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter
16.52). Where discrepancies exist between the requirements of this code and
said regulations, the provisions of said regulations shall apply.
16.04.290 Section 1705.3 Concrete Construction.
Section 1705.3 of Chapter 17 of the California Building Code is amended to read:
1705.3 Concrete construction. The special inspections and tests of concrete construction
shall be as required by this section and Table 1705.3.
Exception: Special inspections shall not be required for:
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1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of
the footing is based on a specified compressive strength, f’c, no greater than
2,500 pound per square inch (psi) (17.2 Mpa).
2. Continuous concrete footings supporting walls of buildings three stories or less
above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive
strength, f ′c, no greater than 2,500 pounds per square inch (psi) (17.2
MPa), regardless of the compressive strength specified in the construction
documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including pre-
stressed slabs on grade, where the effective pre-stress in the concrete is less
than 150 psi (1.03 MPa).
4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
5. Concrete patios, driveways and sidewalks, on grade.
16.04.300 Table 1809.7 Prescriptive Footings Supporting Walls of Light-Frame Construction.
Table 1809.7 of Chapter 18 of the California Building Code is amended to read:
TABLE 1809.7
Prescriptive Footings Supporting Walls of Light-Frame Constructionabcd
Number of
Floors
Supported
by the
Footing e
Thickness of
Foundation
Wall
(inches)
Width of
Footing
(inches)
Thickness of
Footing
(inches)
Depth of
Foundation
Below
Natural
Surface of
Ground or
Finish
Grade
(inches)
1&2 8 15 8 20
3 8 18 8 30
Group U
Occupancies
8 12 8 12
a. The ground under the floor shall be permitted to be excavated to the
elevation of the top of the footing.
b. Interior stud-bearing walls shall be permitted to be supported by isolated
footings. The footing width and length shall be twice the width shown in this
table, and footings shall be spaced not more than 6 feet on center.
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c. See Section 1905 for additional requirements for concrete footings of
structures assigned to Seismic Design Category C, D, E or F.
d. All foundations as required in the above Table shall be continuous and have a
minimum of three #4 bars of reinforcing steel, except for one story, detached
accessory buildings of Group U occupancy where two bars are required.
e. Footings shall be permitted to support a roof in addition to the stipulated
number of floors. Footings supporting roof only shall be as required for
supporting one floor.
16.04.305 Section 1905.1.7 ACI 318, Section 14.1.4.
Section 1905.1.7 of Chapter 19 of the California Building Code is amended to read:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Left intentionally blank.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member
does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted, provided the footings have
at least three continuous longitudinal reinforcing bars not smaller than No. 4, with a
total area of not less than 0.002 times the gross cross-sectional area of the footing
except for one story, detached accessory buildings of Group U occupancy where two
bars are required. A minimum of one bar shall be provided at the top and bottom of
the footing. Continuity of reinforcement shall be provided at corners and
intersections.
16.04.310 Section 2308.6 Wall Bracing. Section 2308.6 of Chapter 23 of the California
Building Code is amended to read:
. . .
2308.6.4 Braced Wall panel construction. For Methods DWB, WSP, SFB, PBS, PCP and
HPS, each panel must be not less than 48 inches (1219 mm) in length, covering three
stud spaces where studs are spaced 16 inches (406 mm) on center and covering two
stud spaces where studs are spaces 24 inches (610 mm) on center. Braced wall panels
less than 48 inches (1219 mm) in length shall not contribute toward the amount of
required bracing. Braced wall panels that are longer than the required length shall be
credited for their actual length.
Vertical joints of panel sheathing shall occur over studs and adjacent panel joints
shall be nailed to common framing members. Horizontal joints shall occur over blocking
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or other framing equal in size to the studding except where waived by the installation
requirements for the specific sheathing materials. Sole plates shall be nailed to the floor
framing in accordance with Section 2308.7 and top plates shall be connected to the
framing above in accordance with Section 2308.6.7.2. Where joists are perpendicular to
braced wall lines above, blocking shall be provided under and in line with the braced
wall panels.
2308.6.5 Alternate bracing. An alternate braced wall (ABW) or a portal frame with
hold-downs (PFH) described in this section is permitted to substitute for a 48-inch (1219
mm) braced wall panel of Method DWB, WSP, SFB, PCP or HPS.
Subsections 2308.6.1 through 2308.6.3 are unchanged.
16.04.315 Table 2308.6.1 – footnote b amended. Footnote “b” of table 2308.6.1 of Chapter
23 of the California Building Code is amended to read:
b. Method GB, gypsum wallboard is prohibited in Seismic Design Categories D & E.
16.04.317 Table 2308.6.3(1) Bracing Methods. Table 2308.6.3(1) – Bracing Methods of
Chapter 23 of the California Building Code is amended to add footnote “b” as follows:
Table 2308.6.3(1)
BRACING METHODS
METHODS,
MATERIAL
MINIMUM
THICKNESS
FIGURE CONNECTION CRITERIAa
Fasteners Spacing
b. Method GB, gypsum wallboard is prohibited in Seismic Design Categories D & E.
16.04.320 Section 2308.9 Attachment of sheathing. Section 2308.9 of Chapter 23 of the
California Building Code is added to read:
2308.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be
less than that prescribed in Table 2308.6.3(1) or 2304.10.1 Wall sheathing shall not be
attached to framing members by adhesives.
All braced wall panels shall extend to the roof sheathing and shall be attached to
parallel roof rafters or blocking above with framing clips (18 gauge minimum)
spaced at maximum 24 inches on center with four 8d nails per leg (total eight-8d
nails per clip). Braced wall panels shall be laterally braced at each top corner and
at maximum 24 inch intervals along the top plate of discontinuous vertical
framing.
16.04.322 Chapter 31B – Public Pools. Chapter 31B of the California Building Code has been
adopted in its entirety.
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The California Building Code, Chapter 31B shall apply to the construction, installation, renovation,
alteration, addition, relocation, replacement or use of any public pool and its ancillary facilities,
mechanical equipment and related piping.
16.04.325 Section 3304.1 Excavation and fill.
Section 3304.1 of Chapter 33 of the California Building Code is amended to read:
3304.1 Excavation and fill. Excavation and fill for buildings and structures shall be
constructed or protected so as not to endanger life or property. Stumps and roots shall be
removed from the soil to a depth of not less than 12 inches (305mm) below the surface of
the ground in the area to be occupied by the building. Wood forms that have been used in
placing concrete, if within the ground or between foundation sills and the ground, shall be
removed before a building is occupied or used for any purpose. Wooden stakes shall not
be embedded in concrete. Before completion, loose or casual wood shall be removed
from direct contact with the ground under the building.
16.04.330 2019 California Existing Building Code Adopted.
The California Existing Building Code, 2019 Edition, Title 24, Part 10, which provides alternative
building regulations for the rehabilitation, preservation restoration or relocation of existing
buildings is adopted and hereby incorporated in this Chapter be reference and made a part hereof
the same as if fully set forth herein. One copy of the California, 2019 Edition, has been filed for use
and examination of the public in the Office of the Building Official of the City of Palo Alto.
16.04.335 2019 California Existing Building Code and International Existing Building
Code Appendix Chapters Adopted.
The following Appendix Chapters of the California Existing Building Code (CEBC), 2019
Edition, and International Existing Building Code (IEBC), 2018 Edition, are adopted and
hereby incorporated in this Chapter be reference and made a part hereof the same as if
fully set forth herein:
A. CEBC Appendix A1 – Seismic Strengthening Provisions for Unreinforced Masonry
Bearing Wall Buildings
B. IEBC Appendix Chapter A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete
and Reinforced Masonry Wall Buildings with Flexible Diaphragms.
C. CEBC Appendix A3 – Prescriptive Provisions for Seismic Strengthening of Cripple
Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings
D. CEBC Appendix A4 – Earthquake Risk Reduction in Wood-Frame Residential
Buildings with Soft, Weak or Open Front Walls
E. CEBC Appendix A5 – Referenced Standards
16.04.340 Section 503.17 – Suspended ceiling systems.
Section 503.17 of the California Existing Building Code, Title 24, Part 10 is added to read:
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503.17 Suspended ceiling systems. In existing buildings or structures, when a
permit is issued for alterations or repairs, the existing suspended ceiling system
within the area of the alterations or repairs shall comply with ASCE 7-16 Section
13.5.6.
16.04.345 Section 503.18 - Mechanical and electrical equipment in Seismic Design
Categories D, E, or F. Section 503.18 of the California Existing Building Code, Title 24, Part 10 is
added to read:
503.18 Mechanical and electrical equipment in Seismic Design Categories D, E, or F . In
existing buildings or structures, when a permit is issued for alteration or repairs, the
existing mechanical and electrical equipment on the area of the roof shall comply with
ASCE 7-16 Section 13.4 Nonstructural Component Anchorage.
16.04.350 Section 405.2.3.1 – Seismic Evaluation and Design Procedures for Repairs. Section
405.2.3.1 of the California Existing Building Code, Title 24, Part 10 is amended to read:
405.2.3.1 Evaluation and design procedures. The building shall be evaluated by a
registered design professional, and the evaluation findings shall be submitted to
the code official. The evaluation shall establish whether the damaged building, if
repaired to its pre-damage state, would comply with the provisions of the
California Building Code for load combinations that include wind or earthquake
effects, except that the seismic forces shall be reduced seismic
forces. Evaluation for earthquake loads shall be required if the substantial
structural damage was caused by or related to earthquake effects or if the
building is in Seismic Design Category C, D, E or F. The seismic evaluation and
design shall be based on the procedures specified in the building code, ASCE 41
Seismic Evaluation and Upgrade of Existing Buildings. The procedures contained
in Appendix A of the International Existing Building Code (IEBC) shall be
permitted to be used as specified in Section 405.2.3.1.
Wind loads for this evaluation shall be those prescribed in Section 1609.
405.2.3.1.1 CEBC level seismic forces. When seismic forces are required to meet
the building code level, they shall be one of the following:
1. One hundred percent of the values in the building code. The R factor
used for analysis in accordance with Chapter 16 of the building code shall
be the R factor specified for structural systems classified as "Ordinary"
unless it can be demonstrated that the structural system satisfies the
proportioning and detailing requirements for systems classified as
"intermediate" or "special".
2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels
defined in ASCE 41. Where ASCE 41 is used, the corresponding
performance levels shall be those shown in Table 405.2.3.1.
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TABLE 405.2.3.1
ASCE 41 PERFORMANCE LEVELS
RISK CATEGORY (BASED ON
CBC TABLE 1604.5)
PERFORMANCE LEVEL FOR USE WITH ASCE 41
BSE-1 EARTHQUAKE HAZARD LEVEL
PERFORMANCE LEVEL FOR USE WITH
ASCE 41 BSE-2 EARTHQUAKE HAZARD
LEVEL *
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III Damage Control Limited Safety
IV Immediate Occupancy (IO) Life Safety (LS)
* Only applicable when Tier 3 procedure is used.
405.2.3.1.2 Reduced CEBC level seismic forces. When seismic forces are
permitted to meet reduced building code levels, they shall be one of the
following:
1. Seventy-five percent of the forces prescribed in the building code. The
R factor used for analysis in accordance with Chapter 16 of the building
code shall be the R factor as specified in Section 405.2.3.1.1.
2. In accordance with the California Existing Building Code and applicable
chapters in Appendix A of the International Existing Building Code, as
specified in Items a. through e. below. Structures or portions of
structures that comply with the requirements of the applicable chapter
in Appendix A shall be deemed to comply with the requirements for
reduced building code force levels.
a. The seismic evaluation and design of unreinforced masonry
bearing wall buildings in Risk Category I or II are permitted to be
based on the procedures specified in CEBC Appendix Chapter A1.
b. Seismic evaluation and design of the wall anchorage system in
reinforced concrete and reinforced masonry wall buildings with
flexible diaphragms in Risk Category I or II are permitted to be
based on the procedures specified in IEBC Appendix Chapter A2.
c. Seismic evaluation and design of cripple walls and sill plate
anchorage in residential buildings of light-frame wood
construction in Risk Category I or II are permitted to be based on
the procedures specified in CEBC Appendix Chapter A3
d. Seismic evaluation and design of soft, weak, or open-front wall
conditions in multi-unit residential buildings of wood construction
in Risk Category I or II are permitted to be based on the
procedures specified in CEBC Appendix Chapter A4.
e. Seismic evaluation and design of concrete buildings and concrete
with masonry infill buildings in all risk categories are permitted to
be based on the procedures specified in IEBC Appendix Chapter
A5.
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3. Those associated with the BSE-1 Earthquake Hazard Level defined in
ASCE 41 and the performance level as shown in Table 405.2.3.1. Where
ASCE 41 is used, the design spectral response acceleration parameters
SXS and SX1 shall not be taken less than seventy-five percent of the
respective design spectral response acceleration parameters SDS and
SD1 defined by the California Building Code and its reference standards.
16.04.355 2019 California Historical Building Code adopted.
The California Historical Building Code, 2019 Edition, Title 24, Part 8 (authorized by Health and
Safety Code Sections 18950 through 18961), which provides alternative building regulations for
the rehabilitation, preservation, restoration, or relocation of designated historic buildings, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same
as if fully set forth herein. One copy of the California Historical Building Code, 2019 Edition, has
been filed for use and examination of the public in the Office of the Building Official of the City of
Palo Alto.
SECTION 2. The Council adopts the findings for local amendments to the California Building
Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. The Council finds that this ordinance is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the
amendments herein adopted will have a significant effect on the environment.
//
//
//
//
//
//
//
//
//
//
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SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Planning and Development
Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA BUILDING CODE AND
CALIORNIA EXISTING BUILDING CODE
Section 17958 of the California Health and Safety Code provides that the City may make
changes to the provisions of the California Building Standards Code. Sections 17958.5 and
17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions of the California Building Standards Code which regulate buildings used for human
habitation, the City Council must make findings supporting its determination that each such
local change is reasonably necessary because of local climatic, geological, or topographical
conditions.
Local building regulations having the effect of amending the uniform codes, which were
adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections
17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the
uniform codes which were adopted by the City Council prior to November 23, 1970, and have
been carried through from year to year without significant change, need no required findings.
Also, amendments to provisions not regulating buildings used for human habitation do not
require findings.
Code: CBC
Section Title Add Amended Deleted Justification
(See below for
keys)
101.1 Title T
105.5 Expiration T
109.6 Refunds T
501.2 Address Identification T
702A Wild Land-Urban Interface Fire Area T
902.1 Definition (Dual Sensor Carbon
Monoxide and Smoke Alarm)
- T
903.2 Where Automatic Sprinklers Required T
903.3.1.1 NFPA 13 Sprinkler Systems T
903.3.1.2 NFPA 13R Sprinkler Systems T
903.3.1.3 NFPA 13D Sprinkler Systems T
903.4.3 Floor Control Valves T
905.3.1 Standpipe Systems T
907.2.11 Single- and Multiple-Station Smoke
Alarms
T
1203.6.1 Ventilation of Weather-Exposed,
Enclosed Assemblies
G, T
1206.3.4 Roof Guardrails at Interior Courts T
1404.13 Projections Exposed to Weather G, T
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1503.2.1 Flashing Locations T
1612.1.1 Palo alto Flood Hazard Regulations C, T
1616.10.15 ASCE 7 Sec. 13.1.4 G
1705.3 Concrete Construction G
Table 1809.7 Prescriptive Footings Supporting
Walls of Light Frame Construction
G
16.04.305 ACI 318, Section 14.1.4 G, T
2308.6 Wall Bracing G
2308.6.4 Braced wall panel construction G
2308.6.5 Alternate bracing G
Table 2306.1 &
Table
2308.6.3(1)
Wall Bracing in Seismic Design
Categories D & E
G
2308.9 Attachment of Sheathing G
Chapter 31B Public Pools G
3405.2.1 Evaluation and Design Procedures T
Appendix H Signs G, T
Appendix I Patio Covers C
Appendix J;
section J109.4
Drainage Across Property Lines T
Appendix O Emergency Housing C, G, T
Code: CEBC
Section Title Add Amended Deleted Justification
(See below for
keys)
403.13 Excavation and fill G
404.2.1 Suspended Ceiling Systems G
503.18 Mechanical and electrical equipment
in Seismic Design Categories D, E, or F
G
CEBC Appendix
A1
Seismic Strengthening Provisions for
Unreinforced Masonry Bearing Wall
Buildings
G
IEBC Appendix
A2
Earthquake Hazard Reduction in
Existing Reinforced Concrete and
Reinforced Masonry Wall Buildings
with Flexible Diaphragms.
G
CEBC Appendix
A3
Prescriptive Provisions for Seismic
Strengthening of Cripple Walls and Sill
Plate Anchorage of Light, Wood-Frame
Residential Buildings
G
CEBC Appendix Earthquake Risk Reduction in Wood- G
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A4 Frame Residential Buildings with Soft,
Weak or Open Front Walls
IEBC Appendix
A5
Earthquake Hazard Reduction in
Existing Concrete Buildings
G
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health and
welfare in the City. The hot, dry weather frequently results in wild land fires on the brush
covered slopes west of Interstate 280. The aforementioned conditions combined with the
geological characteristics of the hills within the City create hazardous conditions for which
departure from California Building Standards Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression and emergency response vehicles difficult. Palo
Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and
waste water run-off. Also the City of Palo Alto is located in an area that is potentially
susceptible to liquefaction during a major earthquake. The surface condition consists mostly
of stiff to dense sandy clay, which is highly plastic and expansive in nature. The
aforementioned conditions within the City create hazardous conditions for which departure
from California Building Standards Code is warranted.
Attachment B
*Not Yet Passed*
1
160831 sh 016/Dev Services/2019 Code Cycle/Final Codes/2019-09-14 (2019 Code Cycle) ORD Amending Ch 16.05 Mechanical Code
Ordinance No.
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.05 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a
New Chapter 16.05, California Mechanical Code, 2019 Edition, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.05 of the Palo Alto Municipal Code is hereby amended by repealing in
its entirety 16.05 and adopting a new Chapter 16.05 to read as follows:
16.05 CALIFORNIA MECHANICAL CODE
16.05.010 2019 California Mechanical Code adopted.
The California Mechanical Code, 2019 Edition, Title 24, Part 4 of the California Code of Regulations
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2016, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2019. Ordinance No. 5390 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases "California Mechanical Code" or "Mechanical Code" are used in this code
or any ordinance of the City, such phrases shall be deemed and construed to refer and apply to
the California Mechanical Code, 2019 Edition, Title 24, Part 4 of the California Code of
Regulations, as adopted by this Chapter. One copy of the California Mechanical Code, 2019
edition, has been filed for use and examination of the public in the Office of the Building Official of
the City of Palo Alto.
16.05.020 2019 California Mechanical Code Appendix Chapters adopted.
The following Appendix Chapters of the California Mechanical Code, 2019 Edition, are adopted
and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully
set forth herein:
A. Appendix B – Procedures to be Followed to Place Gas Equipment in Operation
B. Appendix C – Installation and Testing of Oil (Liquid) Fuel-Fired Equipment
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C. Appendix F – Sizing of Venting Systems and Outdoor Combustion and Ventilation
Opening Design
16.05.030 Cross - References to California Mechanical Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Mechanical Code, 2019 Edition, in order to facilitate reference and comparison to those
provisions.
16.05.040 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this
Chapter. Violators shall be subject to any penalty or penalties authorized by law, including but
not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto
Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal
Code. Each separate day or any portion thereof during which any violation of this Chapter
occurs or continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation
has been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.05.050 Enforcement -- Citation authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.05.060 Local Amendments
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Mechanical Code, 2019 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
SECTION 2. The Council adopts the findings for local amendments to the California Mechanical
Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines,
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because it can be seen with certainty that there is no possibility that the amendments herein
adopted will have a significant effect on the environment.
SECTION 4. This ordinance shall be effective on the commencement of the thirty-first day after
the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Planning and Development
Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA MECHANICAL CODE, 2019
Section 17958 of the California Health and Safety Code provides that the City may make
changes to the provisions of the California Building Standards Code. Sections 17958.5 and
17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions of the California Building Standards Code which regulate buildings used for human
habitation, the City Council must make findings supporting its determination that each such
local change is reasonably necessary because of local climatic, geological, or topographical
conditions.
Local building regulations having the effect of amending the uniform codes, which were
adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections
17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the
uniform codes which were adopted by the City Council prior to November 23, 1970, and have
been carried through from year to year without significant change, need no required findings.
Also, amendments to provisions not regulating buildings used for human habitation do not
require findings.
Code: CMC
Section Title Add Justification
(See below for
keys)
Appendix B Procedures to be Followed to Place Gas
Equipment in Operation
G
Appendix C Installation and Testing of Oil (Liquid) Fuel-Fired
Equipment
G
Appendix F Sizing of Venting Systems C
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health and
welfare in the City. The hot, dry weather frequently results in wild land fires on the brush
covered slopes west of Interstate 280. The aforementioned conditions combined with the
geological characteristics of the hills within the City create hazardous conditions for which
departure from California Building Standards Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression vehicles difficult. Palo Alto is contiguous with the
San Francisco Bay, resulting in a natural receptor for storm and waste water run-off. Also the
City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a
major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is
highly plastic and expansive in nature. The aforementioned conditions within the City create
hazardous conditions for which departure from California Building Standards Code is
warranted.
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Ordinance No.
Ordinance of the Council of the City of Palo Alto Repealing
Chapter 16.06 of the Palo Alto Municipal Code and Amending Title
16 to Adopt a New Chapter 16.06, California Residential Code,
2019 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.06 of Palo Alto Municipal Code is hereby amended by repealing the
Chapter in its entirety and adopting a new Chapter 16.06 to read as follows:
16.06.010 2019 California Residential Code adopted.
The California Residential Code, 2019 Edition, Title 24, Part 2.5 of the California Code of
Regulations, together with those omissions, amendments, exceptions and additions thereto, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same
as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2016, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2019. Ordinance No. 5391 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases "California Residential Code" or "Residential Code" are used in this code
or any ordinance of the city, such phrases shall be deemed and construed to refer and apply to
the California Residential Code, 2019 Edition, Title 24, Part 2.5 of the California Code of
Regulations, as adopted by this Chapter.
One copy of the California Residential Code, 2019 Edition, has been filed for use and examination
of the public in the Office of the Building Official of the City of Palo Alto.
16.06.020 2019 California Residential Code Appendix Chapters adopted.
The following Appendix Chapters of the California Residential Code, 2019 Edition, are adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein:
A. Appendix H – Patio Covers
B. Appendix J – Existing Building and Structures
C. Appendix K – Sound Transmission
D. Appendix V – Swimming Pool Safety Act
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16.06.030 Cross - References to California Residential Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Residential Code, 2019 Edition, in order to facilitate reference and comparison to those
provisions.
16.06.040 Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement is
amended with the following language:
Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement
The responsibility for enforcement of building standards adopted by the State Fire
Marshal and published in the California Building Standards Code relating to fire and panic
safety and other regulations of the State Fire Marshal shall, except as provided in Section
1.11.2.1.2, be as follows:
1. The city, county or city and county with jurisdiction in the area affected by the
standard or regulation shall delegate the enforcement of the building standards
relating to fire and panic safety and other regulations of the State Fire Marshal as they
relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the
California Building Standards Code, to both enforcement divisions specific to their
areas of enforcement disciplines:
1.1 The chief of the fire authority of the city, county or city and county, or an
authorized representative and;
1.2. The chief building official of the city, county or city and county, or an
authorized representative.
16.06.050 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this
Chapter. Violators shall be subject to any penalty or penalties authorized by law, including but
not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto
Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal
Code. Each separate day or any portion thereof during which any violation of this Chapter
occurs or continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation
has been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.06.060 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
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employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.06.070 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Residential Code, 2019 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.06.080 Section R101.1 Title is amended to read:
R101.1 Title These provisions shall be known as the Residential Code for One- and Two-
family Dwellings of City of Palo Alto, and shall be cited as such and will be referred to
herein as “this code.”
16.06.090 Section R105.1.1 Demolition permits is added to read:
R105.1.1 Demolition permits. In addition to other requirements of law, every person
seeking a permit to demolish a unit used for residential rental purposes shall furnish an
affidavit or declaration under penalty of perjury that the unit proposed to be
demolished is vacant, or that notice to vacate has been given to each tenant lawfully in
possession thereof as required by law or by the terms of such tenancy. No work or
demolition shall begin upon any portion of such a unit until each and every portion has
been vacated by all tenants lawfully in possession thereof.
16.04.100 Section R105.5 Expiration is amended to read:
R105.5 Expiration. Every permit issued shall become invalid unless the work on
the site authorized by such permit is commenced within 12 months after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 12 months after the time the work is commenced.
The chief building official is authorized to grant, in writing, one or more
extensions of time, for periods not more than 180 days each and may require:
1) that the construction documents be revised to partially or fully
comply with current codes, and
2) payment of a fee.
Extensions shall be requested in writing and justifiable cause demonstrated. For
the purpose of this section, failure to progress a project to the next level of
required inspection shall be deemed to be suspension of the work.
16.06.110 Section R108.5 Refunds is amended to read:
R108.5 Refunds. The building official or permit center manager may authorize the
refund of any fee paid hereunder which was erroneously paid or collected. The building
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official or permit center manager may authorize the refund of not more than eighty
percent (80%) of the permit fee paid when no work has occurred under a permit issued
pursuant to this Chapter. The building official or permit center manager may authorize
the refund of not more than eighty percent (80%) of the Plan Review Fee paid when a
permit application is withdrawn or canceled before any plan review work has started.
16.06.120 Section R109.1.3 Floodplain inspections is amended to read:
R109.1.3 Floodplain inspections. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification shall be submitted to City Public Works Engineering for inspection approval
prior to foundation inspection by city building inspection.
16.06.130 Section R109.5 Re-inspection fees assessed/authorized is added to read:
R109.5 Re-inspection fees. A Re-Inspection Fee may be assessed/authorized by the
building official or building inspection supervisor for each re-inspection required when
work for which an inspection is requested is not ready for inspection or when required
corrections noted during prior inspections have not been completed. A “Re-Inspection
Fee” may be assessed/authorized when:
1. The inspection record card is not posted or otherwise available on the work site; or
2. The approved plans are not readily available for the inspector at the time of
inspection; or
3. The inspector is unable to access the work at the time of inspection; or
4. When work has substantially deviated from the approved plans without the prior
approval of the building official.
5. When a Re-Inspection Fee is assessed, additional inspection of the work will not be
performed until the fee has been paid.
16.06.140 Section R110.1 Use and occupancy is amended to read:
R110.1 Use and occupancy. A building or structure shall not be used or occupied, and a
change of occupancy or change of use of a building or structure or portion thereof shall
not be made, until the building official has issued a certificate of occupancy therefor as
provided herein. Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction. Certificates presuming to give authority to violate or cancel the provisions
of this code or other ordinances of the jurisdiction shall not be valid.
Exceptions: Certificates of occupancy are not required for:
1. Work exempt from permits under Section 105.2
2. Accessory buildings or structures
3. Group R - Division 3 occupancies
4. Group U occupancies
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16.06.150 Section R202 amended – Definitions added.
Section R202 of the California Residential Code is amended to include the following definition:
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by
the State of California as a “Fire Hazard Severity Zone” in accordance with Public
Resources Code Sections 4201 through 4202 and Government Code Sections
51175 through 51189, or other areas designated by the enforcing agency to be
at a significant risk from wildfires. Within the city limits of the City of Palo Alto,
“Wildland-Urban Fire Interface Area” shall also include all areas west of
Interstate 280, and all other areas recommended as a “Very High Fire Hazard
Severity Zone” by the Director of the California Department of Forestry.
16.06.160 Table 301.2(1) Climatic and Geographic Design Criteria: Section Table 301.2(1)
of the California Residential Code is added to read:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
16.06.165 Section R310 Emergency escape and rescue openings: Section R310 of the
California Residential Code is amended to read:
R310.1 Emergency escape and rescue opening required. Basements, habitable attics
and every sleeping room shall have not less than one operable emergency escape and
rescue opening. Where basements contain one or more sleeping rooms, an emergency
escape and rescue opening shall be required in each sleeping room. Emergency escape
GROUND
SNOW LOAD
WIND DESIGN SEISMIC
DESIGN
CATEGORY
SUBJECT TO DAMAGE FROM
Speed
(mph)
Topographic
effects
Weathering Frost
line
depth
Termite
0 110 No D0 thru E Negligible 5” Very High
WINTER
DESIGN
TEMP.
(OF)
ICE BARRIER
UNDERLAYEMENT
REQUIRED
FLOOD
HAZARDS
AIR
FREEZING
INDEX
MEAN
ANNUAL
TEMP.
(OF)
40 No See
Footnotes
p thru r
0 55
a)
b) p The City of Palo Alto entered National Flood Insurance Program in 1979.
c) q The effective date of the current Flood Insurance Study and Flood Insurance Rate Map is May 18, 2009.
d) r The panel numbers and dates of all currently effective FIRMs and FBFMs: 06085CIND0A, 06085C0010H,
06085C0015H through 06085C0019H, 06085C0030H, 06085C0036H , 06085C0038H , 06085C0180H ,
06085C0185H ( May 18, 2009 for all)
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and rescue openings shall open directly into a public way, or to a yard or court that
opens to a public way.
Exceptions:
1. Storm shelters and basements used only to house mechanical equipment
not exceeding a total floor area of 200 square feet ( 18.58 m2)
16.06.170 Section R310.2.3.3 Window well fall protection: Section R310.2.3.3 of the
California Residential Code is added to read:
R310.2.3.3 Window well fall protection. Window wells with a vertical depth greater
than 30 inches shall have guards on all sides. The guards shall be provided in accordance
with Section R312.1. Openings shall comply with Section R312.1.3. Access ladder shall
comply with Section R310.2.3.1 and shall extend from the bottom of the well to the top
of the guard.
16.06.180 Section R310.4.1 Security bars: Section R310.4.1 of the California Residential
Code is added to read:
R310.4.1 Security bars. Fire Department plan check review and approval of all security
bar submittals shall be required prior to the issuance of a Building Permit.
16.06.190 Section R313.2 One- and two-family dwellings automatic fire sprinkler
systems. Section R313.2 of the California Residential Code is amended to read:
R313.2 One- and two-family dwellings automatic fire sprinkler systems.
Approved automatic sprinkler systems in new buildings and structures and in
existing modified buildings and structures, shall be provided in the locations
described in this section. Automatic fire sprinklers shall be installed per the
requirements set forth in Sections 903.2.1 through 903.2.18 of the California
Building Code and as follows, whichever is the more restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings and structures.
Exception: New residential occupancies, buildings or structures
that do not exceed 350 square feet of building area.
2. An automatic sprinkler system shall be provided for all existing buildings
or structures where modifications have been determined by the Building
Official to trigger requirements for seismic retrofit.
3. An automatic sprinkler system shall be provided throughout all
existing buildings when modifications are made that create an increase
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in fire area to more than 3600 square feet or when the addition is equal
or greater than 50% of the existing building square footage whichever is
more restrictive.
4. An automatic sprinkler system shall be provided throughout all new
basements regardless of size and throughout existing basements that are
expanded by more than 50% or is conditioned for use. If the addition is
only the basement, then only the basement is required to be fire
sprinkler protection.
5. An automatic sprinkler system shall be installed throughout when either
the roof structure and/or exterior wall structure have been removed
and/or replaced by at least 50% of the existing structure.
6. An automatic sprinkler system shall be installed throughout when any
change in use or occupancy creating a more hazardous fire/life safety
condition, as determined by the Fire Chief.
16.04.193 Section R313.1.1 – Design and installation.
Section R313.1.1 of the California Residential Code is amended to read as follows:
R313.1.1 Design and installation. Where allowed, automatic sprinkler systems
installed in townhouses shall be installed throughout in accordance with NFPA
13D and State and local standards.
16.04.195 Section R313.2.1 – Design and installation.
Section R313.2.1 of the California Residential Code is amended to read as follows:
R313.2.1 Design and installation. R313.2.1 Design and installation. Where
allowed, automatic sprinkler systems installed in one-and two-family detached
dwellings shall be installed throughout in accordance with NFPA 13D and Stat
and local standards.
16.06.200 Section R314.1– Smoke detection and notification.
Section R314.1 of the California Residential Code is amended to read:
R314.1 Smoke detection and notification. Listed single- and multiple-station
smoke alarms complying with UL 217 shall be installed in accordance with the
California Fire Code Sections 907.2.11.1 through 907.2.11.5 and manufacturer’s
installation and use instructions.
Smoke alarms and smoke detectors shall be in compliance with this code or
subject to the provisions of the Health and Safety Code, they shall also be listed
and approved for rapid response to smoldering synthetic materials. All smoke
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alarms or detectors shall be of the photoelectric type or shall have equivalent
detection capabilities in compliance with UL 217.
Exception: A combination photoelectric/ionization smoke alarm or
detector may be used if located no closer than 20 feet to a kitchen,
bathroom, fireplace or woodburning stove.
16.06.205 Section R319.1 Address numbers.
The following subsections are added to Section R319.1 of the California Residential Code:
R319.1.1 Address illumination. Address identification required by Section
R319.1 shall be illuminated.
R319.1.2 Address identification size. Address numbers and letters shall be sized
as follows:
1. When the structure is between thirty-six (36) and fifty (50) feet from the
road or other emergency means of access, a minimum of one-half inch
(0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other
emergency means of access, a minimum of one inch (1”) stroke by nine
inches (9”) high is required.
16.06.210 Section R322.1 – General.
The following paragraph is added to Section R322.1 of the California Residential Code:
Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of this
section, all construction or development within a flood hazard area (areas
depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps published
by the Federal Emergency Management Agency) shall comply with the City of
Palo Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52).
Where discrepancies exist between the requirements of this code and said
regulations, the provisions of said regulations shall apply.
16.06.220 Section R337.1.5 Vegetation management compliance. Section
R337.1.5 of the California Residential Code is amended to read:
R337.1.5 Vegetation management compliance. Prior to building permit final approval,
the property shall be in compliance with the vegetation management requirements
prescribed in California Fire Code section 4906, including California Public Resources
Code 4291 or California Government Code Section 51182. Acceptable methods of
compliance inspection and documentation shall be determined by the enforcing agency
and may include any of the following:
1. Local, state, or federal fire authority or designee authorized to enforce vegetation
management requirements.
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2. Enforcing agency - City of Palo Alto Fire Inspection shall inspect the aforementioned
requirements and indicate compliance prior to building division final inspection sign-
off.
3. Third party inspection and certification authorized to enforce vegetation
management requirements.
4. Property owner certification authorized by the enforcing agency.
16.06.230 Section R403.1.3 Footing and stem wall reinforcing in Seismic Design
Categories D0, D1, and D2. Section R403.1.3 of the California Residential Code is amended to
read:
R403.1.3 Footing and stem wall reinforcing in Seismic Design Categories D0, D1, and D2.
Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in
Table R301.2(1), shall have not fewer than three No. 4 horizontal bars. One No. 4
horizontal bar shall be installed within 12 inches (305 mm) of the top of the stem wall
and two No. 4 horizontal bars shall be located 3 to 4 inches (76 mm to 102 mm) from
the bottom of the footing.
R403.1.3.1 Concrete stem walls with concrete footings. In Seismic Design Categories
D0, D1 and D2 where a construction joint is created between a concrete footing and a
stem wall, not fewer than one No. 4 vertical bar shall be installed at not more than 4
feet (1219 mm) on center. The vertical bar shall have a standard hook and extend to the
bottom of the footing and shall have support and cover as specified in Section
R403.1.3.5.3 and extend not less than 14 inches (357 mm) into the stem wall. Standard
hooks shall comply with Section R608.5.4.5. Not fewer than one No. 4 horizontal bar
shall be installed within 12 inches (305 mm)of the top of the stem wall an two No. 4
horizontal bars shall be located 3 to 4 inhces (76 mm to 102 mm) from the bottom of
the footing.
R403.1.3.2 Masonry stem walls with concrete footings. In Seismic Design Categories D0,
D1 and D2 where a grouted masonry stem wall is supported on a concrete footing, not
fewer than one No. 4 vertical bar shall be installed at not more than 4 feet (1219 mm)
on center. The vertical bar shall have a standard hook and extend to the bottom of the
footing and have support and cover as specified in Section R403.1.3.5.3 and extend not
less than 14 inches (357 mm) into the stem wall. Standard hooks shall comply with
Section R608.5.4.5. Not fewer than one No. 4 horizontal bar shall be installed within 12
inches (305 mm) of the top of the wall and two No. 4 horizontal bars shall be located 3
to 4 inches (76 mm to 102 mm) from the bottom of the footing. Masonry stem walls
shall be solid grouted.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and
vertical reinforcing are not permitted.
16.06.240 Section R403.1.8 – Foundations on expansive soils.
Section R403.1.8 of the California Residential Code is amended to read:
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R403.1.8 Foundations on expansive soils. Foundations and floor slabs for
buildings located on expansive soils shall be designed in accordance with Section
1808.6 or Table 1809.7 of the California Building Code.
Table 1809.7 of the California Building Code is added and amended to read:
TABLE 1809.7
Prescriptive Footings Supporting Walls of Light-Frame Constructionabcd
Number of
Floors
Supported
by the
Footing e
Thickness of
Foundation
Wall
(inches)
Width of
Footing
(inches)
Thickness of
Footing
(inches)
Depth of
Foundation
Below
Natural
Surface of
Ground or
Finish
Grade
(inches)
1&2 8 15 8 20
3 8 18 8 30
Group U
Occupancies
8 12 8 12
a) The ground under the floor shall be permitted to be excavated to the
elevation of the top of the footing.
b) Interior stud-bearing walls shall be permitted to be supported by
isolated footings. The footing width and length shall be twice the width
shown in this table, and footings shall be spaced not more than 6 feet
on center.
c) See Section 1905 of California Building Code for additional
requirements for concrete footings of structures assigned to Seismic
Design Category C, D, E or F.
d) All foundations as required in the above Table shall be continuous and
have a minimum of three #4 bars of reinforcing steel, except for one
story, detached accessory buildings of Group U occupancy where two
bars are required.
e) Footings shall be permitted to support a roof in addition to the
stipulated number of floors. Footings supporting roof only shall be as
required for supporting one floor.
16.06.245 Section R504.3.1 Projections exposed to weather.
Section R504.3.1 of the California Residential Code is added to read:
Attachment C
*Not Yet Passed*
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2019102204
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
R504.3.1 Projections exposed to weather. Floor projections exposed to the weather and
sealed underneath, including but not limited to balconies, landings, decks, and stairs shall
be constructed of naturally durable wood, preservative-treated wood, corrosion-resistant
(e.g. galvanized) steel, or similar approved materials.
16.06.247 Section R602.10.4.5 Limits on methods GB and PCP. Section R602.10.4.5 of the
California Residential Code is added to read:
R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2,
Method GB is not permitted for use as an intermittent braced wall panels, but gypsum
board is permitted to be installed when required by this Section to be placed on the
opposite side of the studs form other types of braced wall panel sheathing. In Seismic
Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single
family dwelling and accessory structures.
16.06.250 Table R602.10.3(3) – Bracing requirements based on seismic design category.
Footnote e to Table R602.10.3(3) is amended to read as follows:
g. In Seismic Design Categories D0, D1 and D2, Method GB is not permitted and PCP is
limited to one-story dwellings and accessory structures.
16.06.253 Section R703.8.5.1 Locations.
Section R703.8.5.1 of the California Residential Code is added to read:
R703.8.5.1 Locations. Flashing shall be installed at wall and roof intersections, gutters,
wherever there is a change in roof slope or direction, and around roof openings. Where
flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
16.06.255 Section R806.6 Ventilation of weather-exposed enclosed assemblies.
Section R806.6 of the California Residential Code is added to read:
R806.6 Ventilation of weather-exposed enclosed assemblies. Exterior projecting elements
and appurtenances exposed to the weather and sealed underneath, including but not
limited to balconies, landings, decks, and stairs, shall have cross ventilation for each
separate enclosed space by ventilation openings protected against the entrance of rain and
snow. Blocking and bridging shall be arranged so as not to interfere with the movement of
air. The net free ventilating area shall not be less than 1/150th of the area of the space
ventilated. Ventilation openings shall comply with Section R806.1 . An access panel of
sufficient size shall be provided on the underside of the enclosed space to allow for
periodic inspection.
Exceptions:
1. An access panel is not required where the exterior coverings applied to the
underside of joists are easily removable using only common tools.
Attachment C
*Not Yet Passed*
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2019102204
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
2. Removable soffit vents 4 inches minimum in width can be used to satisfy both
ventilation and access panel requirements.
16.06.260 Section R902.1.4 – Roofing requirements in a Wildland-Urban Interface Fire Area.
Section R902.1.4 of the California Residential Code is amended to read:
R902.1.4 Roofing requirements in a Wild Land-Urban Interface Fire Area. The
entire roof covering on new structures and existing structures on which more
than 50 percent of the total roof area is replaced within any one-year period,
and any roof covering applied in the alteration, repair or replacement of roofs on
existing structures, shall be a fire-retardant roof covering that is at least Class A.
Roofing requirements for structures located in a Wildland-Urban Interface Fire
Area shall also comply with Section R337.5.
16.06.270 Section R1003.9.2.1 – Repairs, replacements and alterations.
Section R1003.9.2.1 is added to the California Residential Code to read:
R1003.9.2.1 Repairs, replacements and alterations. When any repair,
replacement or alteration to the roof of an existing structure is performed, a
spark arrester shall be installed on the existing chimney in accordance with
Section R1003.9.2.
16.06.280 Section AJ103 – Preliminary Meeting. Section AJ103 of Appendix J of the
California Residential Code is amended to read:
Section AJ103.1 General. If a building permit is required at the request of the
prospective permit applicant, the building official or his or her designee may meet with
the prospective applicant to discuss plans for any proposed work under these provisions
prior to the application for the permit. The purpose of this preliminary meeting is for
the building official to gain an understanding of the prospective applicant’s intentions
for the proposed work, and to determine, together with the prospective applicant, the
specific applicability of these provisions.
SECTION 2. The Council adopts the findings for local amendments to the
California Residential Code, 2013 Edition, attached hereto as Exhibit “A” and incorporated
herein by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of
the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the
amendments herein adopted will have a significant effect on the environment.
//
//
Attachment C
*Not Yet Passed*
13
2019102204
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
SECTION 4. This ordinance shall be effective on the thirty-first day after the date
of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Deputy City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative Services
Attachment C
*Not Yet Passed*
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2019102204
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA RESIDENTIAL CODE (CRC)
Section 17958 of the California Health and Safety Code provides that the City may make
changes to the provisions of the California Building Standards Code. Sections 17958.5 and
17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions of the California Building Standards Code which regulate buildings used for human
habitation, the City Council must make findings supporting its determination that each such
local change is reasonably necessary because of local climatic, geological, or topographical
conditions.
Code: CRC
Section Title Add Deleted Amended Justification
(See below for
keys)
R101.1 Title T
R105.5 Expiration T
R 202 Definition (Dual Sensor Carbon
Monoxide and Smoke Alarm)
T
Table R301.2(1) Climatic and Geographic Design
Criteria
C, G, T
R310 Emergency Escape and Rescue
Openings
C, T
R310.2.3.3 Window Well Fall Protection T
R 310.4.1 Security Bars T
R313.1.1 Design and installation T
R 313.2 One and Two Family Dwellings
Automatic Spr. Syst.
T
R313.2.1 Design and installation T
R313.3.1.1 Required sprinkler locations T
R 314.1 Smoke Detection and Notification C, T
R 319.1 Address Identification T
R 322.1 Flood Hazard Regulations T
R 327.1.5 Vegetation Management
Compliance
T
R403.1.3 Footing and stem wall reinforcing in
Seismic Design Categories D0, D1,
and D2
G
R 403.1.8 Foundation on expansive Soils G, T
R 504.3.1 Projections exposed to weather G, T
R602.10.4.5 Limits on methods GB and PCP G
Table R602.10.3(3) Bracing Requirements Based on
Seismic Design Category
G
Attachment C
*Not Yet Passed*
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2019102204
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
R 703.8.5.1 Flashing Locations T
R 806.6 Ventilation of Weather-Exposed,
Enclosed Assemblies
G, T
R902.1.4 Roofing Requirements in Wildland-
Urban Interface Fire Area
T
R1003.9.2.1 Repairs, Replacements and
Alterations
T
Appendix H Patio Covers C
Appendix J Existing Building and Structures C, T
Appendix K Sound Transmission C
Appendix V Swimming Pool Safety Act C, G
AJ103, AJ103.1 Preliminary Meeting, General C, G
Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health and
welfare in the City. The hot, dry weather frequently results in wild land fires on the brush
covered slopes west of Interstate 280. The aforementioned conditions combined with the
geological characteristics of the hills within the City create hazardous conditions for which
departure from California Building Standards Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression vehicles difficult. Palo Alto is contiguous with the
San Francisco Bay, resulting in a natural receptor for storm and waste water run-off. Also the
City of Palo Alto is located in an area that is potentially susceptible to liquefaction during a
major earthquake. The surface condition consists mostly of stiff to dense sandy clay, which is
highly plastic and expansive in nature. The aforementioned conditions within the City create
hazardous conditions for which departure from California Building Standards Code is
warranted.
Attachment D
*Not Yet Passed*
1
2019102201
2019 Code Cycle ORD Amending Ch. 16.08 Plumbing Code
Ordinance No.
Ordinance of the Council of the City Of Palo Alto Repealing Chapter
16.08 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a
New Chapter 16.08, California Plumbing Code, 2019 Edition, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.08 of the Palo Alto Municipal Code is hereby amended by repealing it
in its entirety and adopting a new Chapter 16.08 to read as follows:
16.08 CALIFORNIA PLUMBING CODE
16.08.010 2019 California Plumbing Code adopted.
The California Plumbing Code, 2019 Edition, Title 24, Part 5 of the California Code of Regulations
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2016, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2019. Ordinance No. 5392 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases "California Plumbing Code" or "Plumbing Code" are used in this code or
any ordinance of the City, such phrases shall be deemed and construed to refer and apply to
the California Plumbing Code, 2019 Edition, as adopted by this Chapter. One copy of the
California Plumbing Code, 2019 Edition, has been filed for use and examination of the public in the
Office of the Building Official of the City of Palo Alto.
16.08.020 2019 California Plumbing Code Appendix Chapters adopted.
The following Appendix Chapter of the California Plumbing Code, 2019 Edition, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein:
A. Appendix A – Recommended Rules for Sizing the Water Supply System
2
2019102201
2019 Code Cycle ORD Amending Ch. 16.08 Plumbing Code
16.08.030 Cross - References to California Plumbing Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Plumbing Code, 2019 Edition, in order to facilitate reference and comparison to those
provisions.
16.08.040 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this
Chapter. Violators shall be subject to any penalty or penalties authorized by law, including but
not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto
Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal
Code. Each separate day or any portion thereof during which any violation of this Chapter
occurs or continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation
has been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.08.050 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.08.060 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Plumbing Code, 2019 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.08.070 Section 306.3 Palo Alto Sewer Use.
Section 306.3 is added to the California Plumbing Code to read:
306.3 Palo Alto Sewer Use. All non-domestic waste shall comply with the City of
Palo Alto Sewer Use Ordinance (Palo Alto Municipal Code Chapter 16.09).
Where discrepancies exist between the requirements of this code and said
ordinance, the provisions of said ordinance shall apply.
3
2019102201
2019 Code Cycle ORD Amending Ch. 16.08 Plumbing Code
16.08.080 Section 701.2, Part 4 Drainage Piping.
Section 701.2, Part (4) of the California Plumbing Code is amended to read:
701.2 (4) Copper, copper alloys, lead and lead alloys, including brass, shall
not be used for building sanitary drainage lines, connectors or seals
coming in contact with sewage except for domestic waste sink traps
and short lengths of associated connecting pipes where alternate
materials are impracticable.
Where permitted by the building official, copper tube for drainage
piping shall have a weight of not less than that of copper drainage tube
type DWV.
16.08.090 Section 719.7 Cleanouts.
Section 719.7 is added to the California Plumbing Code to read:
719.7 A cleanout shall be provided at the point of connection between the
building sewer and the city lateral and an approved fitting shall be used to bring
the cleanout riser to grade. Where sewer cleanouts are to be connected to
existing city laterals, such connections shall be accomplished by use of a City of
Palo Alto Utility-approved fitting.
16.08.100 Section 808.2 Cooling Water.
Section 808.2 of the California Plumbing Code is added to read:
808.2 Single Pass Cooling Water Systems Prohibited. Clean running water used
exclusively as a cooling medium in an appliance, device, or apparatus is prohibited.
16.08.110 Section 1014.1.3 Food Waste Disposal Units and Dishwashers.
Section 1014.1.3 of the California Plumbing Code is amended to read:
1014.1.3 Food Waste Disposal Units and Dishwashers. Unless specifically
required or permitted by the Authority Having Jurisdiction, no dishwasher shall be
connected to or discharge into any grease interceptor. Commercial Food Waste
Disposal Units are prohibited.
4
2019102201
2019 Code Cycle ORD Amending Ch. 16.08 Plumbing Code
16.08.120 Section 1101.4 Material Uses.
Section 1101.4 of the California Plumbing Code is amended to read:
1101.4 Material Uses. Pipe, tube, and fittings conveying rainwater shall be of such
materials and design as to perform their intended function to the satisfaction of the
Authority Having Jurisdiction. Conductors within a vent or shaft shall be of cast-iron,
galvanized steel, wrought iron, Schedule 40 ABS DWV, Schedule 40 PVC DWV, stainless
steel 304 or 316L (stainless steel 304 pipe and fittings shall not be installed underground
and shall be kept not less than 6 inches (152 mm) aboveground), or other approved
materials, and changes in direction shall be in accordance with the requirements of
Section 706.0. ABS and PVC DWV piping installations shall be installed in accordance with
applicable standards referenced in Table 1701.1 and the firestop protection requirements
in the California Building Code. Except for individual single-family dwelling units, materials
exposed within ducts or plenums shall have a flame-spread index of not more than 25 and
a smoke-developed index of not more than 50, where tested in accordance with ASTM E84
or UL 723. These tests shall comply with all requirements of the standards to include the
sample size, both for width and length. Plastic pipe shall not be tested filled with water.
[HCD 1 & HCD 2] ABS or PVC installations are limited to not more than two stories of
areas of residential accommodation.
[OSHPD 1, 2, 3 & 4] ABS and PVC installations are not allowed.
16.08.130 Section 1101.4.2 Conductors
Section 1101.4.2 of the California Plumbing Code is amended to read:
1101.4.2 Conductors. Conductors installed aboveground in buildings shall be in
accordance with the applicable standards referenced in Table 701.2 for aboveground
drain, waste, and vent pipe. Conductors installed above ground level shall be of: service
weight cast-iron soil pipe or hubless cast-iron soil pipe; standard weight galvanized steel
pipe; stainless steel 304 or 316L [stainless steel 304 pipe and fittings shall not be installed
underground and shall be kept not less than 6 inches (152 mm) aboveground]; or Schedule
40 ABS or Schedule 40 PVC plastic pipe.
1101.4.2.1 [HCD 1]
ABS or PVC installations are limited to not more than two stories of areas of residential
accommodation.
5
2019102201
2019 Code Cycle ORD Amending Ch. 16.08 Plumbing Code
1101.4.2.2 [OSHPD 1, 2, 3 & 4]
ABS and PVC installations are not allowed.
16.08.140 Section 1101.4.3 Leaders
Section 1101.4.3 of the California Plumbing Code is amended to read:
1101.4.3 Leaders. Leaders installed outside shall be in accordance with the applicable
standards referenced in Table 701.2 for aboveground drain, waste, and vent pipe;
aluminum sheet metal; or galvanized steel sheet metal.
16.08.150 Section 1102.1 Roof Drains (Applications).
Section 1102.1 of the California Plumbing Code is amended to read:
1102.1 Roof drains shall be constructed of aluminum, cast-iron, stainless steel, ABS,
PVC, polypropylene, polyethylene, or nylon and shall comply with ASME A112.3.1
or ASME A112.6.4.
SECTION 2. The Council adopts the findings for local amendments to the California Plumbing
Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines,
because it can be seen with certainty that there is no possibility that the amendments herein
adopted will have a significant effect on the environment.
//
//
//
//
//
//
//
6
2019102201
2019 Code Cycle ORD Amending Ch. 16.08 Plumbing Code
SECTION 4. This Ordinance shall be effective on the commencement of the thirty-first day
after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development
Services
____________________________
Director of Administrative Services
7
2019102201
2019 Code Cycle ORD Amending Ch. 16.08 Plumbing Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO
CALIFORNIA PLUMBING CODE, 2019 EDITION
Section 17958 of the California Health and Safety Code provides that the City may
make changes to the provisions in the uniform codes that are published in the California
Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require
that for each proposed local change to those provisions in the uniform codes and published in
the California Building Standards Code which regulate buildings used for human habitation, the
City Council must make findings supporting its determination that each such local change is
reasonably necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, which
were adopted by the City prior to November 23, 1970, were unaffected by the regulations of
Sections 17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments
to the uniform codes which were adopted by the City Council prior to November 23, 1970, and
have been carried through from year to year without significant change, need no required
findings. Also, amendments to provisions not regulating buildings used for human habitation,
including amendments made only for administrative consistency, do not require findings.
Code: CPC
Section Title Add Deleted Amended Justification
(See below for
keys)
306.3 Palo Alto Sewer Use C
701.2, Part4 Drainage Piping T
719.7 Cleanouts T & G
808.2 Cooling Water C & T
1014.1.3 Food Waste Disposal Units and
Dishwashers
T
1101.4 Material Uses G T
1101.4.2 Conductors G & T
1101.4.3 Leaders G & T
1102.1 Roof Drains (Applications) T
Appendix A Recommended Rules for Sizing the
Water Supply System
C & T
8
2019102201
2019 Code Cycle ORD Amending Ch. 16.08 Plumbing Code
Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal
climatic conditions during the late summer and fall create severe fire hazards to the
public health and welfare in the City of Palo Alto. The hot, dry weather frequently
results in wild land fires on the brush covered slopes west of Interstate 280. The
aforementioned conditions combined with the geological characteristics of the hills
within the City create hazardous conditions for which departure from California
Building Standards Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of
Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas
fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter
of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then
offshore at Daly City near Mussel Rock. This is the approximate location of the
epicenter of the 1906 San Francisco earthquake. The other fault proximate to the
City is Hayward fault. This fault is about 74 miles long, situated mainly along the
western base of the hills on the east side of San Francisco Bay. Both of these faults
are considered major Northern California earthquake faults which may experience
rupture at any time. Thus, because the City is within a seismic area which includes
these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish
criteria for repair of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access,
which makes timely response by fire suppression vehicles difficult. Palo Alto is
contiguous with the San Francisco Bay, resulting in a natural receptor for storm and
waste water run-off. Also the City of Palo Alto is located in an area that is potentially
susceptible to liquefaction during a major earthquake. The surface condition consists
mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature. The
aforementioned conditions within the City create hazardous conditions for which
departure from California Building Standards Code is warranted.
Attachment E
*Not Yet Passed*
1
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending and
Restating Chapter 16.14 of the Palo Alto Municipal Code, California
Green Building Standards Code 2019 Edition, and Local Amendments
and Related Findings, and Amending Section 16.12.035 of Chapter
16.12 to Make Conforming Changes
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 16 of the Palo Alto Municipal Code is hereby amended by repealing in its
entirety Chapter 16.14 and adopting a new Chapter 16.14 to read as follows:
16.14.010 2019 California Green Building Standards Code adopted.
The California Green Building Standards Code, 2019 Edition, Title 24, Part 11 of the California Code
of Regulations, together with those omissions, amendments, exceptions and additions thereto, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same
as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, shall
be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2019. Ordinance No. 5393 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases “California Green Building Standards Code” or “CALGreen” are used in this
code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply
to the California Green Building Standards Code, 2019 Edition, as adopted and amended by this
chapter.
One copy of the California Green Building Standards Code, 2019 Edition, has been filed for use and
examination of the public in the Office of the Building Official of the City of Palo Alto.
16.14.020 2019 California Green Building Standards Code Appendix Chapters adopted.
The following Appendix Chapters of the California Green Building Standards Code, 2019 Edition,
are adopted and hereby incorporated in this Chapter by reference and made a part hereof the
same as if fully set forth herein:
A. Appendix A4 - Residential Voluntary Measures (Tier 1 and Tier 2)
B. Appendix A5 - Non-residential Voluntary Measures (Tier 1 and Tier 2)
Attachment E
*Not Yet Passed*
2
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
16.14.030 Cross-References to California Green Building Standards Code.
The provisions of this Chapter contain cross-references to the provisions of the California Green
Building Standards Code, 2019 Edition, in order to facilitate reference and comparison to those
provisions.
16.14.040 Violations – Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this
Chapter. Violators shall be subject to any penalty or penalties authorized by law, including but
not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto
Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal
Code. Each separate day or any portion thereof during which any violation of this Chapter
occurs or continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation
has been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.14.050 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.14.060 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Green Building Standards Code, 2019 Edition, and shall be deemed to
replace the cross-referenced sections of said Code with the respective provisions set forth in this
Chapter.
16.14.070 Section 202 amended – Definitions added.
Section 202 of the California Green Building Standards Code is amended to include the following
definitions:
Attachment E
*Not Yet Passed*
3
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
CPAU: The City of Palo Alto Utilities Department.
CALGREEN MANDATORY: CALGreen mandatory requirements are triggered for projects
outlined in Section 301.1 Scope of the code, as amended. Projects that trigger only
CALGreen mandatory measures are not required to fulfill CALGreen Tier 1 or Tier 2 as
listed in Appendix A4 and A5.
CALGREEN “TIER 1”: To achieve Tier 1 status, a project must comply with the
requirements identified in Appendix A4, section A4.601.4 for residential projects and
Appendix A5, section A5.601.2 for non-residential projects. The local adaptations to
these appendices are identified in this ordinance. Projects subject to Tier 1 must fulfill
CALGreen mandatory measures and CALGreen Tier 1 prerequisite measures. Tier 1
projects must also select the minimum amount of CALGreen elective measures required
for Tier 1.
CALGREEN “TIER 2”: To achieve Tier 2 status, a project must comply with the
requirements identified in Appendix A4, section A4.601.5 for residential projects and
Appendix A5, section A5.601.3 for non-residential projects. The local adaptations to
these appendices are identified in this ordinance. Projects subject to Tier 2 must fulfill
CALGreen mandatory measures and CALGreen Tier 2 prerequisite measures. Tier 2
projects must also select the minimum amount of CALGreen elective measures required
for Tier 2.
CALGREEN “TIER 1” AND “TIER 2” PREREQUISITE MEASURES: Projects subject to
CALGreen Tier 1 or Tier 2 must fulfill the minimum prerequisites as described within
Appendix A4, section A4.6 for residential projects and Appendix A5, section A5.6 for
non-residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally preceded by an “A”.
CALGREEN “TIER 1” AND “TIER 2” ELECTIVE MEASURES: Projects subject to CALGreen
Tier 1 or Tier 2 must fulfill the minimum number of electives as described within
Appendix A4, section A4.6 for residential projects and Appendix A5, section A5.6 for
non-residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally preceded by an “A”.
CALGREEN INSPECTOR: An individual certified through the International Code Council
(ICC) CALGreen Inspector/Plans Examiner Certification for demonstrating knowledge
and application of Green Building concepts during plan review and inspection. For
projects that require a CALGreen Inspector/Plans Examiner verification, the Inspector
must be contracted directly with the owner and may not be a contractor or employee of
the design or construction firm.
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MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The California Department of
Water Resources Model Water Efficient Landscape Ordinance.
PROCESS WATER. Process water means untreated wastewater, uncontaminated by
toilet discharge or an unhealthy bodily waste, which is not a threat from unhealthful
processing, manufacturing or operating wastes.
SALVAGE. Salvage means the controlled removal of items and material from a building,
construction, or demolition site for the purpose of on- or off-site reuse, or storage for
later reuse. Examples include air conditioning and heating systems, columns,
balustrades, fountains, gazebos, molding, mantels, pavers, planters, quoins, stair treads,
trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling fans, lighting fixtures,
electrical panel boxes, fencing, fireplaces, flooring materials of wood, marble, stone or
tile, furnaces, plate glass, wall mirrors, door knobs, door brackets, door hinges, marble,
iron work, metal balconies, structural steel, plumbing fixtures, refrigerators, rock,
roofing materials, siding materials, sinks, stairs, stone, stoves, toilets, windows, wood
fencing, lumber and plywood.
SQUARE FOOTAGE. For application of green building requirements, square footage
means all new square footage, including basement areas (7 feet or greater in height).
16.14.080 Section 301 amended – voluntary tiers added.
Section 301 of the California Green Building Standards Code is amended to read:
SECTION 301
GENERAL
301.1 Scope. Buildings shall be designed to include the green building measures
specified as mandatory in the application checklists contained in this code and any
applicable local amendments. In addition, the City requires the use of Voluntary Tiers, as
provided in Appendices A4 and A5, for certain residential and non-residential new
construction, additions, and alterations.
301.1.1 Residential additions and alterations. [HCD] The mandatory provisions of
Chapter 4 shall be applied to additions and/or alterations of existing residential
buildings where the addition and/or alteration increases the building's conditioned area,
volume, or size. The requirements shall apply only to and/or within the specific area of
the addition or alteration.
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Tier 1 adopted (Residential). All residential building additions and/or alterations
exceeding 1000 square feet must meet CALGREEN MANDATORY plus the Tier 1
requirements, as amended by this Chapter and as applicable to the scope of work.
For Tier 1 projects, the area of alterations will include any construction or renovation to
an existing structure other than repair or addition. Alterations include remodeling,
reconstruction, historic restoration, changes or rearrangements of the structural parts
or elements, and changes or rearrangement in the plan configuration of walls and full
height partitions. Normal maintenance, reroofing, painting or wall papering, floor
finishes, or replacement-in-kind of mechanical, plumbing and electrical systems are not
alterations for the purposes of establishing scope of Tier 1 projects. The area of
alteration should be limited to the footprint of the component(s) being altered. This
does not exclude mandatory CALGreen requirements.
Exception: Attached and detached Accessory Dwelling Units, ADU conversions
of existing structures shall meet the California Green Building Standards Code
Mandatory requirements only.
301.2 Low-rise and high-rise residential buildings. [HCD] The provisions of individual
sections of CALGreen may apply to either low-rise residential buildings, high-rise
residential buildings, or both. Individual sections will be designated by banners to
indicate where the section applies specifically to low-rise only (LR) or high-rise only (HR).
When the section applies to both low-rise and high-rise buildings, no banner will be
used.
301.3 Non-residential additions and alterations. [BSC] The provisions of individual
sections of Chapter 5 apply to building non-residential additions of 1,000 square feet or
greater, and/or building alterations with a permit valuation of $200,000 or above (for
occupancies within the authority of California Building Standards Commission). Code
sections relevant to additions and alterations shall only apply to the portions of the
building being added or altered within the scope of the permitted work.
A code section will be designated by a banner to indicate where the code section only
applies to newly constructed buildings [N] or to additions and alterations [A]. When the
code section applies to both, no banner will be used.
Tier 1 adopted. Non-residential alterations (including tenant improvements or
renovations) of 5,000 square feet that include replacement of at least two of the
following: HVAC system, building envelope, hot water system, or lighting system, must
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comply with CALGREEN MANDATORY plus Tier 1 requirements, as amended by this
Chapter and as applicable to the scope of work.
Tier 2 adopted. Non-residential additions of 1000 square feet or greater must comply
with CALGREEN MANDATORY plus Tier 2 requirements, as amended by this Chapter and
as applicable to the scope of work.
301.1.2 Residential new construction – Tier 2 adopted. All newly constructed
Residential Buildings must meet CALGREEN MANDATORY plus Tier 2 requirements, as
amended by this Chapter and as applicable to the scope of work.
Exception: Free standing detached Accessory Dwelling Units of new
construction shall meet the following:
1. California Green Building Standards Code Mandatory plus Tier 2
prerequisite requiremnts.
2. No Planning and Design electives.
3. Two (2) Water Efficiency and Conservation electives.
4. Two (2) Material Conservation and Resource Efficiency electives.
5. One (1) Environmental Quality elective.
301.3.3 Non-residential new construction – Tier 2 adopted. All new non-residential
construction must meet CALGREEN MANDATORY plus Tier 2 requirements, as amended
by this Chapter and as applicable to the scope of work.
301.6 Special Inspector Requirements. Residential and non-residential project owners
subject to CALGREEN MANDATORY plus Tier 1 or Tier 2 requirements shall contract a
Special Inspector in accordance with section 702.2 of CALGreen, as amended.
16.14.090 Section 702.2 Special Inspection.
Section 702.2 of the California Green Building Standards Code is amended to read:
702.2 Special Inspection. When required by the enforcing agency, the owner or
responsible entity acting as the owner’s agent shall employ one or more Special
Inspectors to provide inspection or other duties necessary to substantiate compliance
with this code. Special Inspectors shall demonstrate competence to the satisfaction of
the enforcing agency for the particular type of inspection or task to be performed. In
addition to other certifications or qualifications acceptable to the enforcing agency, the
following certifications or education may be considered by the enforcing agency when
evaluating the qualifications of a Special Inspector. The City shall maintain a list of pre-
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approved Special Inspectors in accordance with this section. The owner shall contract a
Special Inspector from the pre-approved list meeting one of the following;
1) Certification by a national or regional green building program:
ICC Certified CALGreen Inspector/Plans Examiner: Contract a CALGreen
Inspector to provide third-party verification of compliance prior to Permit
Issuance and prior to Final Inspection.
2) Other programs acceptable to the enforcing agency.
When required by the enforcing agency, the owner or responsible entity acting as the
owner’s agent shall employ one or more Special Inspectors to provide inspection or
other duties necessary to substantiate compliance with this code. Special Inspectors
shall demonstrate competence to the satisfaction of the enforcing agency for the
particular type of inspection or task to be performed. In addition, the Special Inspector
shall have a certification from a recognized state, national or international association,
as determined by the local agency. The city shall maintain a list of pre-approved Special
Inspectors in accordance with this section.
Note: Special Inspectors shall be independent entities with no financial interest
in the materials or the project they are inspecting for compliance with this code.
16.14.100 Reserved.
16.14.110 Residential Projects. Chapter 4 Preface: Green building requirements for
project type and scope.
A preface is added to Chapter 4 of the California Green Building Standards Code to read:
Preface - Green Building Requirements for Project Type and Scope. For design and
construction of residential projects, the City of Palo Alto requires compliance with the
mandatory measures of Chapter 4, in addition to use of Tier 1 and Tier 2 as specified in
Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on CALGREEN
MANDATORY, Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives.
All elective measures are adopted as written under Appendix A4 unless otherwise
indicated in this Section.
16.14.120 Section A4.104 Site Preservation.
Section A4.104.1 is adopted as a Tier 1 and Tier 2 elective and is amended to read:
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A4.104.1 Supervision and Education by a Special Inspector. Individuals with oversight
authority on the project, as defined in section 16.14.090 of this code, who have been
trained in areas related to environmentally friendly development, shall teach green
concepts to other members of the builder’s staff and ensure training and written
instruction has been provided to all parties associated with the development of the
project. Prior to the beginning of the construction activities, the builder shall receive a
written guideline and instruction specifying the green goals of the project.
Note: Lack of adequate supervision and dissemination of the project goals can
result in negative effects on green building projects. If the theme of green
building is not carried through the project, the overall benefit can be
substantially reduced by the lack of knowledge and information provided to the
various entities involved with the construction of the project.
16.14.130 Section A4.105 Deconstruction and Reuse of Existing Materials.
Section A4.105.1 Section A4.105.1 is adopted as an elective measure effective through June
30, 2020. Starting July 1, 2020 per Chapter 5.24 of Title 5 of the Municipal Code, Section
A4.105.1 is not adopted as an elective measure. See Chapter 5.24 of the Municipal Code for the
local deconstruction requirements.
Section A4.105.2 is adopted as a Tier 1 and Tier 2 elective measure.
A4.105.2 Reuse of materials. Nonhazardous materials which can be easily reused include but
are not limited to the following:
1. Light fixtures
2. Plumbing fixtures
3. Doors and trim
4. Masonry
5. Electrical devices
6. Appliances
7. Foundations or portions of foundations
Note: Reused material must be in compliance with the appropriate Title 24
requirements.
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16.14.140 Reserved.
16.14.150 Section A4.106.8 Electric Vehicle (EV) Charging for New Construction.
Section A4.106.8 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the mandatory electric vehicle supply equipment (EVSE) requirements stated in Section
A4.106.8, as amended.
16.14.160 Section A4.106.9 Bicycle Parking.
Section A4.106.9 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the bicycle parking requirements in the Palo Alto Municipal Code.
16.14.170 Section A4.106.10 Light Pollution Reduction.
Section A4.106.10 is adopted as a Tier 1 and Tier 2 elective measure for all covered projects and
is amended to read:
A4.106.10 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting
Zones 1-4 as defined in Chapter 10 of the California Administrative Code;
and
2. Backlight, Uplight and Glare (BUG) ratings as defined in IES TM-15-11;
and
3. Allowable BUG ratings not exceeding those shown in Table A4.106.10; or
4. Comply with a local ordinance lawfully enacted pursuant to Section 101.7
of this code, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1. Luminaires that qualify as exceptions to the California Energy Code.
2. Emergency lighting.
3. One- and two-family dwellings.
Note: The International Dark-Sky Association (IDA) and the Illuminating
Engineering Society of North America (IESNA) have developed a Model Lighting
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Ordinance (MLO). The MLO was designed to help municipalities develop outdoor
lighting standards that reduce glare, light trespass, and skyglow. The model
ordinance and user guides for the ordinance may be accessed at the
International Dark-Sky Association web site.
16.14.180 Section A4.203.1 Performance Approach for Newly Constructed Buildings.
Sections A4.203.1 is not adopted as a Tier 1 and Tier 2 elective measure. Projects shall comply
with Chapter 16.17 of the Palo Alto Municipal Code (Energy Reach Code).
16.14.190 Reserved.
16.14.200 Reserved.
16.14.210 Reserved.
16.14.220 Section A4.304.3 Irrigation Metering Device.
Section A4.304.3 is adopted as a Tier 1 and Tier 2 elective measure and is amended to read:
A4.304.3 Irrigation Metering Device. Dedicated irrigation meters from CPAUare to be
installed in all new construction and rehabilitated landscapes when the landscape is
greater than 1,000 square feet.
16.14.230 Section A4.305 Water Reuse Systems.
Sections A4.305.1, A4.305.2, and A4.305.3 are adopted as Tier 1 and Tier 2 elective measures,
and are amended to read:
A4.305.1 Graywater. Alternative plumbing piping is installed to permit the discharge
from the clothes washer and other fixtures (except toilets and kitchen sinks) to be used
for an irrigation system in compliance with the California Plumbing Code. In the event
that the whole house graywater system is installed in compliance with the California
Plumbing Code, then this measure shall count as 3 electives.
A4.305.2 Recycled Water Piping. Based on projected availability, dual water piping is
installed for future use of recycled water at the following locations:
1. Interior piping for the use of recycled water is installed to serve all water closets,
urinals, and floor drains.
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2. Exterior piping is installed to transport recycled water from the point of
connection to the structure. Recycled water systems shall be designed and
installed in accordance with the California Plumbing Code.
A4.305.3 Recycled water for landscape irrigation. Recycled water piping is used for
landscape irrigation.
Section A4.305.4 is added as Tier 1 and Tier 2 prerequisite and shall read as follows:
A4.305.4 Additions and alterations. All multifamily residential additions and alterations
must install recycled water infrastructure for irrigation when the landscape area
exceeds 1,000 square feet.
16.14.240 Section A4.403.1 Frost Protection Foundation Systems.
Sections A4.403.1 is not adopted as a Tier 1 and Tier 2 elective measure.
16.14.250 Section A4.403.2 Reduction in cement use.
Section A4.403.2 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.403.2 is adopted
as a Tier 1 and Tier 2 elective measure and shall read as:
A4.403.2 Reduction in cement use. As allowed by the enforcing agency, cement used in
foundation mix design shall be reduced as follows:
Tier 1. Not less than a 20 percent reduction in cement.
Tier 2: Not less than a 25 percent reduction in cement.
Note: Products commonly used to replace cement in concrete mix designs
include, but are not limited to:
1. Fly ash
2. Slag
3. Silica fume
4. Rice hull ash
16.14.260 Section A4.408.1 Enhanced Construction Waste Reduction.
Section A4.408.1 is adopted as mandatory and is amended to read:
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A4.408.1 Enhanced Construction Waste Reduction. Nonhazardous construction and
demolition debris generated at the site is diverted to recycle or salvage in compliance
with the following:
Projects with a given valuation of $25,000 or more must have at least an 80-percent
reduction. Any mixed recyclables that are sent to mixed-waste recycling facilities shall
include a qualified third party verified facility average diversion rate. Verification of
diversion rates shall meet minimum certification eligibility guidelines, acceptable to the
local enforcing agency.
A4.408.1.1 Documentation. Documentation shall be provided to the enforcing
agency which demonstrates compliance with all construction and demolition
waste reduction requirements.
16.14.265 Section A4.504.1 Compliance with formaldehyde limits.
Section A4.504.1 is adopted as a Tier 1 and Tier 2 elective measure.
16.14.270 Section A4.504.3 Thermal insulation.
Section A4.504.3 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.504.3 is adopted
as a Tier 1 and Tier 2 elective measure.
16.14.280 Non-Residential Projects: Chapter 5 Preface Green Building Requirements for
Project Type and Scope.
A Preface is added to Chapter 5 of the California Green Building Standards Code to read:
Preface – Green Building Requirements for Project Type and Scope. For design and
construction of non-residential projects, the City requires compliance with the
mandatory measures of Chapter 5, in addition to use of Tier 1 and Tier 2 as specified in
Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on CALGREEN
MANDATORY, Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives.
All elective measures are adopted as written under Appendix A5 unless otherwise
indicated in this Section.
16.14.290 Section 5.106.1.1 Local storm water pollution prevention.
Section 5.106.1.1 Local ordinance is amended to read:
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5.106.1.1 Local ordinance. Newly constructed projects and additions shall comply with
additional storm water pollution prevention measures as applicable. (See Chapter 16.11,
Storm Water Pollution Prevention, of the Palo Alto Municipal Code.)
16.14.295 Section 5.106.8 Light pollution reduction
Section 5.106.8 Light pollution reduction is amended to read:
5.106.8 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting
Zones 0-4 as defined in Chapter 10, Section 10-114 of the California
Administrative Code; and
2. Backlight (B) ratings as defined in IES TM-15-11 (shown in Table A-1 in
Chapter 8);
3. Uplight and Glare ratings as defined in California Energy Code (shown in
Tables 130.2-A and 130.2-B in Chapter 8); and
4. Allowable BUG ratings not exceeding those shown in Table 5.106.8 [N]; or
5. Comply with a local ordinance lawfully enacted pursuant to Section
101.7, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1. Luminaires that qualify as exceptions in Section 140.7 of the California
Energy Code.
2. Emergency lighting.
3. Building facade meeting the requirements in Table 140.7-B of the
California Energy Code, Part 6.
4. Custom lighting features as allowed by the local enforcing agency, as
permitted by Section 101.8 Alternate materials, designs and methods
of construction.
16.14.300 Section 5.305.1.3 Dual Plumbing.
Section 5.305.1.3 Dual plumbing is added as mandatory and is amended to read:
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5.305.1.3 Dual plumbing. New buildings and facilities shall be dual plumbed for potable
and recycled water systems for toilet flushing when recycled water is available. All
building projects for which CPAU recycled water service is available must install dual
Plumbing and use recycled water for toilet and urinal flushing when the building area is
greater than 10,000 square feet or where installation of 25 or more toilets and urinals is
proposed. All projects for which CPAU recycled water service is not yet available must
install dual plumbing for use of recycled water for toilet and urinal flushing when the
building area exceeds 50,000 square feet or where installation of 50 or more toilets and
urinals is proposed.
16.14.310 Reserved.
16.14.320 Reserved.
16.14.330 Reserved.
16.14.340 Reserved.
16.14.350 Reserved.
16.14.360 Section 5.304.2 Invasive species prohibited.
Section 5.304.2 is added as mandatory to read:
5.304.2 Invasive species prohibited. All non-residential new construction, additions,
and alterations shall not install invasive species in a landscape area of any size.
16.14.365 Section 5.306 Non-residential enhanced water budget.
Section 5.306 Non-residential enhanced water budget is added as mandatory to read:
5.306 Non-residential enhanced water budget. Non-residential buildings anticipated to
use more than 1,000 gallons of water a day shall complete an Enhanced Water Budget
Calculator as established by the Chief Building Official or designee .
16.14.370 Section A5.408 Construction Waste Reduction, Disposal and Recycling.
Section A5.408.3.1.1 Enhanced Construction Waste Reduction is adopted at Tier 2 (80%
construction waste reduction) as a mandatory requirement for all non-residential construction,
including new construction, additions, and alterations, as long as the construction has a
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valuation exceeding $25,000. Non-residential projects with a lower valuation shall remain
subject to California Green Building Code Chapter 5 mandatory requirements.
16.14.375 Reserved.
16.14.380 Section 5.410.4.6 Energy STAR portfolio manager.
Section 5.410.4.6 Energy STAR portfolio manager is added as mandatory to read:
5.410.4.6 Energy STAR portfolio manager. All non-residential projects exceeding
$100,000 valuation must provide evidence of an Energy STAR Portfolio Manager project
profile for both water and energy use prior to Permit Issuance, acquire an Energy STAR
Portfolio Manager Rating, and submit the rating to the City of Palo Alto once the project
has been occupied after 12 months.
16.14.390 Section 5.410.4.7 Performance reviews – energy.
Section 5.410.4.7 Performance reviews - energy is added to read:
5.410.4.7 Performance reviews – energy. All projects over 10,000 square feet. The City
reserves the right to conduct a performance review, no more frequently than once
every five years unless a project fails review, to evaluate the building's energy use to
ensure that resources used at the building and/or site do not exceed the maximum
allowance set forth in the rehabilitation or new construction design. Following the
findings and recommendations of the review, the City may require adjustments to the
energy usage or energy-using equipment or systems if the building is no longer
compliant with the original design. Renovation or rehabilitation resulting from such
audit activity shall be considered a project and shall be subject to applicable
documentation submittal requirements of the City. This section is effective only for
those projects for which a building permit was issued after January 1, 2009.
16.14.400 Section 5.410.4.8 Performance reviews – water.
Section 5.410.4.8 Performance reviews - water is added to read:
5.410.4.8 Performance reviews – water. All sites greater than one acre: The City
reserves the right to conduct performance reviews, no more frequently than once every
five years unless a project fails review, to evaluate water use to ensure that resources
used at the building and/or site do not exceed a maximum allowance set forth in the
rehabilitation or new construction design. Water use reviews may be initiated by the
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Building Division, or as a coordinated effort between the CPAU and the Santa Clara
Valley Water District (SCVWD), or as part of SCVWD's established water conservation
programs. Following the findings and recommendations of the review, the City may
require adjustments to irrigation usage, irrigation hardware, and/or landscape materials
to reduce consumption and improve efficiency. Renovation or rehabilitation resulting
from such audit activity shall be considered a project and shall be subject to applicable
documentation submittal requirements of the City.
16.14.410 Section 5.506 Indoor Air Quality.
Section 5.506.3 is added as mandatory to read:
Section 5.506.3 Indoor Air Quality Management Plan. All commercial and multi-
family projects must submit an Indoor Air Quality Management Plan (IAQ) with
building permit application in accordance with the Sheet Metal and Air
Conditioning Contractors National Association (SMACNA IAQ) Guidelines for
Occupied Buildings Under Construction, 2nd edition ANSI/SMACNA 008-2008.
16.14.420 Section A4.106.8 Electric Vehicle (EV) Charging.
Section A4.106.8 of the California Green Building Standards Code is adopted as mandatory and
amended to read:
A4.106.8 Electric Vehicle (EV) Charging for Residential Structures. Newly constructed
single family and multifamily residential structures, including residential structures
constructed as part of a mixed-use development, shall comply with the following
requirements for electric vehicle supply equipment (EVSE). All parking space calculations
under this section shall be rounded up to the next full space. The requirements stated
in this section are in addition to those contained in Section 4.106.4 of the California
Green Building Standards Code. In the event of a conflict between this section and
Section 4.106.4 of the California Green Building Standards Code, the more robust EV
Charging requirements shall prevail.
Definitions. For the purposes of this section, the following definitions shall apply:
(a) Level 2 EVSE. “Level 2 EVSE” shall mean an EVSE capable of charging at 30
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
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(b) Conduit Only. “Conduit Only” shall mean, at minimum: (1) a panel capable to
accommodate a dedicated branch circuit and service capacity to install a
208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring with
capacity to accommodate a 100 ampere circuit; terminating in (3) a listed
cabinet, box, enclosure, or NEMA receptacle. The raceway shall be installed
so that minimal removal of materials is necessary to complete the final
installation.
(c) EVSE-Ready Outlet. “EVSE-Ready Outlet” shall mean, at minimum: (1) a panel
capable to accommodate a dedicated branch circuit and service capacity to
install a 208/240V, 50 amperes grounded AC outlet; (2) a two-pole circuit
breaker; (3) raceway with capacity to accommodate 100-ampere circuit; (4)
50 ampere wiring; terminating in (5) a 50 ampere NEMA receptacle in a
covered outlet box.
(d) EVSE Installed. “EVSE Installed” shall mean an installed Level 2 EVSE.
A4.106.8.1 New one-family, two-family and townhouse dwellings. The
following standards apply to newly constructed detached and attached single
family, two-family and townhouse residences.
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for each residence.
(b) Location. The proposed location of a charging station may be internal or
external to the dwelling and shall be in close proximity to an on-site parking
space consistent with City guidelines, rules, and regulations.
A4.106.8.2 New Multi-Family Dwellings. The following standards apply to newly
constructed residences in a multi-family residential structure, except as provided
in section A4.106.8.2.1.
(a) Resident parking. The property owner shall provide at least one EVSE-Ready
Outlet or EVSE Installed for each residential unit in the structure.
(b) Guest parking. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed, for at least 25% of guest parking spaces, among
which at least 5% (and no fewer than one) shall be EVSE Installed.
(c) Accessible spaces. Projects shall comply with the 2019 California Building
Code requirements for accessible electric vehicle parking.
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(d) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official or designee , to
support a Level 2 EVSE in every location where Circuit Only, EVSE-Ready
Outlet or EVSE Installed is required.
(e) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. In addition, if parking is deed-restricted to individual residential units,
the EVSE or receptacles required by subsection (a) shall be located such that
each unit has access to its own EVSE or receptacle. Location of EVSE or
receptacles shall be consistent with all City guidelines, rules, and
regulations.
A4.106.8.2.2 Exception – Multi-Family Residential Structures with Individual,
Attached Parking. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for each newly constructed residence in a multi-family
residential structure featuring: (1) a parking space attached to the residence; and
(2) a shared electrical panel between the residence and parking space (e.g., a
multi-family structure with tuck-under garages).
A4.106.8.3 New Hotels. The following standards apply to newly constructed
hotels.
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for at least 30% of parking spaces, among which at
least 10% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2019 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official or designee , to
support a Level 2 EVSE in every location where Circuit Only, EVSE-Ready
Outlet or EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
Attachment E
*Not Yet Passed*
19
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
16.14.430 Section A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures.
Section A5.106.5.3 of the California Green Building Standards Code is adopted as mandatory
and amended to read:
A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures. New non-
residential structures shall comply with the following requirements for electric vehicle
supply equipment (EVSE). All parking space calculations under this section shall be
rounded up to the next full space. The requirements stated in this section are in
addition to those contained in Section 5.106.5.3 of the California Green Building
Standards Code. In the event of a conflict between this section and Section 5.106.5.3,
the more robust EV Charging requirements shall prevail.
Definitions. For the purposes of this section, the following definitions shall apply:
(a) Level 2 EVSE. “Level 2 EVSE” shall mean an EVSE capable of charging at 30
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
(b) Conduit Only. “Conduit Only” shall mean, at minimum: (1) a panel capable to
accommodate a dedicated branch circuit and service capacity to install at
least a 208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring
with capacity to accommodate a 100 ampere circuit; terminating in (3) a
listed cabinet, box, enclosure, or NEMA receptacle. The raceway shall be
installed so that minimal removal of materials is necessary to complete the
final installation.
(c) EVSE-Ready Outlet. “EVSE-Ready Outlet” shall mean, at minimum: (1) a panel
capable to accommodate a dedicated branch circuit and service capacity to
install at least a 208/240V, 50 amperes grounded AC outlet; (2) a two-pole
circuit breaker; (3) raceway with capacity to accommodate a 100-ampere
circuit; (4) 50 ampere wiring; terminating in (5) a 50 ampere NEMA
receptacle in a covered outlet box.
(d) EVSE Installed. “EVSE Installed” shall mean an installed Level 2 EVSE.
A5.106.5.3.5 Non-Residential Structures Other than Hotels. The following
standards apply to newly constructed non-residential structures other than
hotels.
Attachment E
*Not Yet Passed*
20
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for at least 25% of parking spaces, among which at
least 5% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2019 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official or designee , to
support a Level 2 EVSE in every location where Circuit Only, EVSE-Ready
Outlet or EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
SECTION 2. The Council adopts the findings for local amendments to the California Green
Building Standards Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein
by reference.
SECTION 3. Section 16.12.035 of Chapter 16.12 of Title 16 of the Palo Alto Municipal Code is
hereby amended to read as follows:
16.12.035 New construction; recycled water use for toilet and urinal flushing and floor trap
priming.
(a) All applications for building permits for new or remodeled buildings or groups of
buildings within the boundaries of a recycled water project area, filed after the adoption
of this chapter, where the building square footage total, including both the original
square footage and any addition, is greater than 10,000 square feet or where
installation of twenty-five or more toilets and urinals is proposed, shall incorporate dual
plumbing in the design of the facility to allow the use of recycled water, when it
becomes available, for flushing toilets and urinals and priming floor traps. Dual
plumbing requirements shall not apply to single family homes.
(b) All applications for building permits for new or remodeled buildings or groups of
buildings in geographic areas not within the boundaries of a recycled water project area,
filed after the adoption of this chapter, where the building square footage total,
including both the original square footage and any addition, is greater than 50,000
100,000 square feet or where installation of 50 100 or more toilets and urinals is
proposed, shall incorporate dual plumbing in the design of the facility to allow the use of
Attachment E
*Not Yet Passed*
21
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
recycled water, when it becomes available, for flushing toilets and urinals and priming
floor traps. Dual plumbing requirements shall not apply to single family homes.
(c) When dual plumbing requirements are triggered by remodeling, only those restroom
facilities located within the remodel project area shall be required to incorporate dual
plumbing.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines,
because it can be seen with certainty that there is no possibility that the amendments herein
adopted will have a significant effect on the environment.
//
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Attachment E
*Not Yet Passed*
22
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
SECTION 6. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Planning and Development
Services
____________________________
Director of Administrative Services
Attachment E
*Not Yet Passed*
23
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO
CALIFORNIA GREEN BUILDING STANDARD CODE, 2019 EDITION
Section 17958 of the California Health and Safety Code provides that the City may make changes
to the provisions in the uniform codes that are published in the California Building Standards Code. Sections
17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions in the uniform codes and published in the California Building Standards Code which regulate
buildings used for human habitation, the City Council must make findings supporting its determination that
each such local change is reasonably necessary because of local climatic, geological, or topographical
conditions.
Local building regulations having the effect of amending the uniform codes, which were adopted
by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958, 17958.5 and
17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by
the City Council prior to November 23, 1970 and have been carried through from year to year without
significant change, need no required findings. Also, amendments to provisions not regulating buildings used
for human habitation, including amendments made only for administrative consistency, do not require
findings.
Code: Cal Green
Section Title Add Deleted Amended Justification (See
below for keys)
301 Voluntary tiers added C & E
303.1.2 Cumulative Construction C & E
4.105 Deconstruction Survey C & E
4.304 Outdoor Water Use C
5.105.1 Salvage E
5.106.1.1 Local ordinance C
5.106.8 Light pollution reduction E
5.303.5 Dual Plumbing C
5.304.5 Potable Water Elimination C
5.304.6 Invasive Species E
5.305.1 Non-residential enhanced water
budget
C
5.410.4.6 Energy STAR portfolio manager C & E
5.410.4.7 Performance reviews – energy C & E
5.410.4.8 Performance reviews – water C & E
5.506.3 Indoor Air Quality Management Plan C & E
702.2 Special Inspection E
Appendix A4 Residential Voluntary Measures C & E
Appendix A5 Non-Residential Voluntary Measures C & E
Attachment E
*Not Yet Passed*
24
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Key to Justification for Amendments to Title 24 of the California Code of
Regulations
C This amendment is justified on the basis of a local climatic condition. The seasonal climatic conditions during
the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry
weather frequently results in wild land fires on the brush covered slopes west of Interstate 280. The
aforementioned conditions combined with the geological characteristics of the hills within the City create
hazardous conditions for which departure from California Building Standards Code is required.
Failure to address and significantly reduce greenhouse gas (GHG) emissions could result in rises in sea level,
including in San Francisco Bay, that could put at risk Palo Alto homes and
businesses, public facilities, and Highway 101 (Bayshore Freeway), particularly the mapped
Flood Hazard areas of the City. Energy efficiency is a key component in reducing GHG emissions, and
construction of more energy efficient buildings can help Palo Alto reduce its share of the GHG emissions that
contribute to climate change. The burning of fossil fuels used in the generation of electric power and heating
of buildings contributes to climate change, which could result in rises in sea level, including in San Francisco
Bay, that could put at risk Palo Alto homes and businesses 1 public facilities, and Highway 101. Due to
decrease in annual rain fall, Palo Alto experiences the effect of drought and water saving more than some
other communities in California.
E Green building enhances the public health and welfare by promoting the environmental and economic health
of the City through the design, construction, maintenance, operation and deconstruction of buildings and sites
by incorporating green practices into all development. The green provisions in this Chapter are designed to
achieve the following goals:
(a) Increase energy efficiency in buildings;
(b) Increase water and resource conservation;
(c) Reduce waste generated by construction and demolition projects;
(d) Provide durable buildings that are efficient and economical to own and operate;
( e) Promote the health and productivity of residents, workers, and visitors to the city;
(f) Recognize and conserve the energy embodied in existing buildings;
(g) Encourage alternative transportation; and
(h) Reduce disturbance of natural ecosystems.
G This amendment is justified on the basis of a local geological condition. The City of Palo Alto is subject to
earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the
Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula,
then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San
Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated mainly along
the western base of the hills on the east side of San Francisco Bay. Both of these faults are considered major
Northern California earthquake faults which may experience rupture at any time. Thus, because the City is
within a seismic area which includes these earthquake faults, the modifications and changes cited herein are
designed to better limit property damage as a result of seismic activity and to establish criteria for repair of
damaged properties following a local emergency.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which makes timely
response by fire suppression vehicles difficult. Palo Alto is contiguous with the San Francisco Bay, resulting in a
natural receptor for storm and waste water run-off. Also, the City of Palo Alto is located in an area that is
potentially susceptible to liquefaction during a major earthquake. The surface condition consists mostly of stiff
to dense sandy clay, which is highly plastic and expansive in nature. The aforementioned conditions within the
City create hazardous conditions for which departure from California Building Standards Code is warranted.
Attachment F
*Not Yet Passed*
1
2019102301
2019 Code Cycle ORD Amending Ch. 16.16 Electrical Code
Ordinance No.
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.16 of the Palo Alto Municipal Code And Amending Title 16 to Adopt a
New Chapter 16.16, California Electrical Code, 2019 Edition, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.16 of the Palo Alto Municipal Code is hereby amended by
repealing in its entirety 16.16 and adopting a new Chapter 16.16 to read as follows:
16.16 CALIFORNIA ELECTRICAL CODE
16.16.010 2019 California Electrical Code adopted.
The California Electrical Code, 2019 Edition, Title 24, Part 4 of the California Code of Regulations
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24,
2016, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2019. Ordinance No. 5394 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly
repealed.
Wherever the phrases "California Electrical Code" or "Electrical Code" are used in this code or
any ordinance of the City, such phrases shall be deemed and construed to refer and apply to
the California Electrical Code, 2019 Edition, as adopted by this Chapter.
One copy of the California Electrical Code, 2019 edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.16.020 2016 California Electrical Code Annex Chapters adopted.
The following Annex Chapters of the California Electrical Code, 2019 Edition, are adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein:
A. Annex B – Application Information for Ampacity Calculations
B. Annex C – Conduit and Tubing Fill Tables for Conductors and Fixture Wires of the
Same Size
C. Annex I – Unit Recommended Tightening Torque Tables from UL Standard 486A-B
2
2019102301
2019 Code Cycle ORD Amending Ch. 16.16 Electrical Code
16.16.030 Cross - References to California Electrical Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Electrical Code, 2019 Edition, in order to facilitate reference and comparison to those
provisions.
16.16.040 Section 89.102.4 Third Party Field Evaluation.
Section 89.102.4 is added to read:
89.102.4 Third-Party Field Evaluation. City of Palo Alto approved applications for Third-
Party Field Evaluators shall be submitted for each project submitting evaluation reports
on Electrical Systems and others as required for these types of reports. Educational
background, training experience, professional licenses, registrations or certificates, and
other applicable qualifications for each key personnel shall include information as
required and defined in NFPA 790 and 791 including but not limited to:
a. Technical Manager, direct Supervisor of FEB operations, and individual(s)
managing the management system, minimum competency for personnel
completing Field Evaluation projects, including educational background,
experience, training, and professional registration.
b. Provide information on the basic evaluation process to the building official
in determining the adequacy and completeness of submitted evaluations
and evaluation reports.
16.16.050 Section 110.13 Mounting and Cooling of Equipment.
Section 110.13 (A) (1) is added to read:
110.13 (A) (1) Slab-On-Grade Supporting Electrical Equipment. When electrical
equipment is proposed to be installed, including temporary electrical for construction,
in locations where the deleterious effects of the environment may create adverse
maintenance issues with ground mounted electrical equipment a concrete slab-on-
grade shall be installed to elevate, protect, and attach equipment to per City of Palo
Alto Electrical Utilities Standards or approved engineering design.
16.16.060 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this
Chapter. Violators shall be subject to any penalty or penalties authorized by law, including but
not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto
Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal
Code. Each separate day or any portion thereof during which any violation of this Chapter
3
2019102301
2019 Code Cycle ORD Amending Ch. 16.16 Electrical Code
occurs or continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation
has been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.16.070 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.16.080 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Electrical Code, 2019 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
SECTION 2. The Council adopts the findings for local amendments to the
California Electrical Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein
by reference.
SECTION 3. The Council finds that this project is exempt from the provisions of
the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the
amendments herein adopted will have a significant effect on the environment.
//
//
//
//
//
//
4
2019102301
2019 Code Cycle ORD Amending Ch. 16.16 Electrical Code
SECTION 4. This Ordinance shall be effective on the commencement of the thirty-
first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Planning and Development
Services
____________________________
Director of Administrative Services
5
2019102301
2019 Code Cycle ORD Amending Ch. 16.16 Electrical Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA ELECTRICAL CODE, 2019
Section 17958 of the California Health and Safety Code provides that the City may make
changes to the provisions of the California Building Standards Code. Sections 17958.5 and
17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions of the California Building Standards Code which regulate buildings used for human
habitation, the City Council must make findings supporting its determination that each such
local change is reasonably necessary because of local climatic, geological, or topographical
conditions.
Local building regulations having the effect of amending the uniform codes, which were
adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections
17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the
uniform codes which were adopted by the City Council prior to November 23, 1970, and have
been carried through from year to year without significant change, need no required findings.
Also, amendments to provisions not regulating buildings used for human habitation do not
require findings.
Code: CEC
Section Title Add Justification
(See below for
keys)
89.102.4 Third Party Field Evaluation G, T
110.13 (A) Mounting and Cooling of Equipment C
Annex B Application Information for Ampacity
Calculations
G
Annex C Conduit and Tubing Fill Tables for Conductors
and Fixture Wires of the Same Size
G
Annex I Unit Recommended Tightening Torque Tables
from UL Standard 486A-B
G
6
2019102301
2019 Code Cycle ORD Amending Ch. 16.16 Electrical Code
Key to Justification for Amendments to Title 24 of the California Code of Regulations
This amendment is justified on the basis of a local climatic condition. The seasonal
climatic conditions during the late summer and fall create severe fire hazards to the
public health and welfare in the City. The hot, dry weather frequently results in wild
land fires on the brush covered slopes west of Interstate 280. The aforementioned
conditions combined with the geological characteristics of the hills within the City
create hazardous conditions for which departure from California Building Standards
Code is required.
C
G
T
This amendment is justified on the basis of a local geological condition. The City of
Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas
fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter
of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then
offshore at Daly City near Mussel Rock. This is the approximate location of the
epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault.
This fault is about 74 mi long, situated mainly along the western base of the hills
on the east side of San Francisco Bay. Both of these faults are considered major
Northern California earthquake faults which may experience rupture at any time.
Thus, because the City is within a seismic area which includes these earthquake
faults, the modifications and changes cited herein are designed to better limit
property damage as a result of seismic activity and to establish criteria for repair
of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding
access, which makes timely response by fire suppression vehicles difficult. Palo
Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for
storm and waste water run-off. Also the City of Palo Alto is located in an area
that is potentially susceptible to liquefaction during a major earthquake. The
surface condition consists mostly of stiff to dense sandy clay, which is highly
plastic and expansive in nature. The aforementioned conditions within the City
create hazardous conditions for which departure from California Building
Standards Code is warranted.
Ordinance repealing Chapter 15.04 of the Palo Alto Municipal Code and amending Title 15 to
Adopt a new Chapter 15.04, California Fire Code, 2019 Edition
Attachment G- Placeholder
Attachment H
*Not Yet Passed*
1
2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
Ordinance No.
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.18 of the Palo Alto Municipal Code and Amending Title 16 to
Adopt a New Chapter 16.18, International Swimming Pool and Spa
Code, With Local Amendments
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.18 of the Palo Alto Municipal Code is hereby amended by repealing in
its entirety Chapter 16.18 and adopting a new Chapter 16.18 to read as follows:
16.18.010 2018 International Swimming Pool and Spa Code Adopted in Part and
Amended.
Chapters 1 through 3 and chapters 7 through 11 of the International Swimming Pool and Spa
Code, 2018 Edition, are adopted and hereby incorporated into this Chapter by reference and
made a part hereof as if fully set forth herein. The provisions of this Chapter shall constitute
local amendments to the referenced provisions of the International Swimming Pool and Spa
Code, Edition.
One copy of the International Swimming Pool and Spa Code, 2018 Edition, has been filed for
use and examination by the public in the Office of the Chief Building Official of the City of Palo
Alto.
16.18.020 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this
Chapter. Violators shall be subject to any penalty or penalties authorized by law, including but
not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto
Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal
Code. Each separate day or any portion thereof during which any violation of this Chapter
occurs or continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation
has been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
Attachment H
*Not Yet Passed*
2
2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
16.18.030 Enforcement – Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.18.040 References to California Building Codes
The International Swimming Pool and Spa Code, 2018 Edition, is hereby amended to refer to
those building regulations adopted by the California Building Standards Commission in Title 24
of the California Code of Regulations, as follows:
1. Where the term “International Building Code” is used it shall be replaced with the term
“California Building Code (CBC).”
2. Where the term “International Residential Code” is used it shall be replaced with the
term “California Residential Code.”
3. Where the term “International Plumbing Code” is used it shall be replaced with the term
“California Plumbing Code.”
4. Where the term “International Energy Conservation Code” is used it shall be replaced
with the term “California Energy Code.”
5. Where the term “International Fire Code” is used it shall be replaced with the term
“California Fire Code.”
6. Where the term “International Fuel Gas Code” is used it shall be replaced with the term
“California Plumbing Code.”
7. Where the term “International Mechanical Code” is used it shall be replaced with the
term “California Mechanical Code.”
8. Where the term “NFPA 70” is used it shall be replaced with the term “California
Electrical Code.”
16.18.050 Precedence of California Building Codes.
In the event of any conflict between this Chapter and provisions of the California Health and
Safety Code or the building regulations adopted by the California Building Standards
Commission in Title 24 of the California Code of Regulations, the provisions of the Health and
Safety Code and Title 24 shall prevail.
16.18.060 Section 101.1 amended – Title.
Section 101.1 of the International Swimming Pool and Spa Code is hereby amended to read:
101.1 Title. These regulations shall be known as the International Swimming Pool and
Attachment H
*Not Yet Passed*
3
2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
Spa Code of the City of Palo Alto, hereinafter referred to as “this code.”
16.08.070 Section 105.1.1 added – Agreements to build; notice of provisions.
Section 105.1.1 of the International Swimming Pool and Spa Code is hereby added to read:
105.1.1 Agreements to build; notice of provisions. Any person entering into an
agreement to build a swimming pool or spa, or to engage in permitted work on a pool
or spa covered by this article, shall give the consumer notice of the requirements of this
code.
Pursuant to existing law, the California Department of Health Services shall have
available on the department's web site, commencing January 1, 2007, approved pool
safety information available for consumers to download. Pool contractors are
encouraged to share this information with consumers regarding the potential dangers a
pool or spa poses toddlers. Additionally, pool contractors may provide the consumer
with swimming pool safety materials produced from organizations such as the United
States Consumer Product Safety Commission, Drowning Prevention Foundation,
California Coalition for Children's Safety & Health, Safe Kids Worldwide, Association of
Pool and Spa Professionals, or the American Academy of Pediatrics. [CBC 3109.1,
115924]
16.18.080 Sections 105.6.1 and 105.6.2 deleted.
Sections 105.6.1 and 105.6.2 of the International Swimming Pool and Spa Code are hereby
deleted in their entireties.
16.18.090 Section 106.19.2 Added – Final Approval.
Section 106.19.2 of the International Swimming Pool and Spa Code is hereby added to read:
106.19.2 Final Approval. Prior to the issuance of any final approval for the completion
of permitted construction or remodeling work, the code official shall inspect the
drowning safety prevention devices required and if no violations are found, shall give
final approval. [CBC 3109.1, 15922(b)]
16.18.100 Section 107 deleted.
Section 107 of the International Swimming Pool and Spa Code is hereby deleted in its entirety.
16.18.110 Section 108 Amended – Means of appeal.
Section 108 of the International Swimming Pool and Spa Code is hereby amended to read:
Section 108 – Means of appeal. A final decision of the Chief Building Official under this
code may be appealed pursuant to the provisions of Section 1.8.8 of the California
Building Code, as amended.
Attachment H
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
16.18.120 Section 303.3.1 Added – Operating time.
Section 303.3.1 of the International Swimming Pool and Spa Code is hereby added to read:
303.3.1 Operating time. The time switch or other control mechanism shall be installed
as part of a pool water circulation control system that will allow all pumps to be set or
programmed to run only during off-peak electric demand period, and for the minimum
time necessary to maintain the water in the condition required by applicable public
health standards. [California Energy Code (CEnC) 110.4(b)3ii]
16.18.130 Section 301.3 Amended – Covers.
Section 301.3 of the International Swimming Pool and Spa Code is hereby amended to read:
301.3 Covers. Heated pools and outdoor spas shall be provided with a vapor retardant
cover.
Exception: Where pools or spas deriving at least 60 percent of the annual
heating energy from site solar or recovered energy.
16.18.140 Section 305.2 Amended – Outdoor swimming pools and spas.
Section 305.2 of the International Swimming Pool and Spa Code is hereby amended to read:
305.2 Outdoor swimming pools and spas. Other than those facilities regulated in
Section 305.8, all outdoor pools and spas and indoor swimming pools shall be
surrounded by a barrier that complies with Sections 305.2.1 through 305.7. [CBC
3109.1, 115922]
16.18.150 Section 305.8 Added – Private swimming pools.
Section 305.8 of the International Swimming Pool and Spa Code is hereby added to read:
305.8 Private swimming pools. Whenever a building permit is issued for construction of
a new swimming pool or spa, or any building permit is issued for remodeling of an
existing pool or spa, at a private, single-family home, it shall be equipped with at least
one of the following seven drowning prevention safety features:
1. The pool shall be isolated from access to a home by an enclosure that meets the
requirements of Section 305.8.1. [CBC 3109.2, 115922(a)(1)]]
2. The pool shall incorporate removable mesh pool fencing that meets ASTM F
2286 in conjunction with a gate that is self-closing and self-latching and can
accommodate a key lockable device. [CBC 3109.2, 115922(a)(2)]
3. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM F 1346. [CBC 3109.2, 115922(a)(3)]
4. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool. [CBC 3109.2, 115922(a)(4)]
5. All doors providing direct access from the home to the swimming pool shall be
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
equipped with a self-closing, self-latching device with a release mechanism
placed no lower than 54 inches (1372 mm) above the floor. [CBC 3109.2,
115922(a)(5)]
6. Swimming pool alarms that, when placed in pools, will sound upon detection of
accidental or unauthorized entrance into the water. These pool alarms shall
meet and be independently certified to the ASTM F 2208 which includes surface
motion, pressure, sonar, laser and infrared type alarms. For purposes of this
section, "swimming pool alarms" shall not include swimming protection alarm
devices designed for individual use, such as an alarm attached to a child that
sounds when the child exceeds a certain distance or becomes submerged in
water. [CBC 3109.2, 115922(a)(6)]
7. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in items 1-4, and have
been independently verified by an approved testing laboratory as meeting
standards for those devices established by the ASTM or ASME. [CBC 3109.2,
115922(a)(7)]
Exceptions:
1. Public swimming pools. [CBC 3109.1, 115925(a)]
2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-
89. [CBC 3109.1, 115925(b)]
3. An apartment complex, or any residential setting other than a single-family
home. [CBC 3109.1, 115925(c)]
16.18.160 Section 305.9 Added – Enclosure.
Section 305.9 of the International Swimming Pool and Spa Code is hereby added to read:
305.9 Enclosure. The enclosure for private swimming pools shall have all of the
following characteristics:
1. Any access gates through the enclosure open away from the swimming pool and
are self-closing with a self-latching device placed no lower than 60 inches (1524
mm) above the ground. [CBC 3109.1, 115923(a)]
2. A minimum height of 60 inches (1524 mm). [CBC 3109.1, 115923(b)]
3. A maximum vertical clearance from the ground to the bottom of the enclosure
of 2 inches (51 mm). [CBC 3109.1, 115923(c)]
4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4
inches (102 mm) in diameter. [CBC 3109.1, 115923(d)]
5. An outside surface free of protrusions, cavities or other physical characteristics
that would serve as handholds or footholds that could enable a child below the
age of five years to climb over. [CBC 3109.1, 115923(e)]
16.18.170 Section 310.2 Added – Construction Requirements for building a pool or spa.
Section 310.2 of the International Swimming Pool and Spa Code is hereby added to read:
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
310.2 Construction Requirements for building a pool or spa. Whenever a building
permit is issued for the construction a new private swimming pool or spa, the pool or
spa shall meet all of the following requirements:
1. The suction outlet of the pool or spa for which the permit is issued shall be
equipped to provide circulation throughout the pool or spa as prescribed in
Paragraph 2.
2. The swimming pool or spa shall have at least two circulation drains per pump
that shall be hydraulically balanced and symmetrically plumbed through one or
more "T" fittings, and that are separated by a distance of at least three feet in
any dimension between the drains. Suction outlets that are less than 12 inches
across shall be covered with antientrapment grates, as specified in the
ASME/ANSI Standard A 112.19.8, that cannot be removed except with the use of
tools. Slots of openings in the grates or similar protective devices shall be of a
shape, area and arrangement that would prevent physical entrapment and
would pose any suction hazard to bathers.
3. Any backup safety system that an owner of a new swimming pools or spa may
choose to install in addition to the requirements set forth in subdivisions (1) and
(2) shall meet the standards as published in the document, "Guidelines for
Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363,
March 2005, United States Consumer Products Safety Commission.
4. Whenever a building permit is for the remodel or modification of any existing
swimming pool, toddler pool or spa, the permit shall require that the suction
outlet of the existing swimming pool, toddler pool or spa be upgraded so as to
be equipped with an antientrapment cover meeting current standards of the
American Society for Testing and Materials (ASTM) or the American Society of
Mechanical Engineers (ASME).
Authority: Health and Safety Code Section 18942(b)
Reference: Health and Safety Code Section 115928 AB 3305 (Statutes 1996, c.925);
AB 2977 (Statutes 2006, c.926); AB 382 (Statutes 2007, c.XXX)
16.18.180 Section 316.2.1 Added – Construction Requirements for building a pool or spa.
Section 316.2.1 of the International Swimming Pool and Spa Code is hereby added to read:
316.2.1 Certification and Installation.
(a) Certification by manufacturers. Heating systems and equipment shall be certified by
the manufacturer that the heating system and equipment complies with the
following:
1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency
Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of
Regulations; and [CEnC 110.4(a)1]
2. On-off switch. A readily accessible on-off switch, mounted on the outside of the
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
heater that allows shutting off the heater without adjusting the thermostat
setting; and [CEnC 110.4(a)(2]
3. Instructions. A permanent, easily readable and weatherproof plate or card that
gives instruction for the energy efficient operation of the pool or spa heater and
for the proper care of pool or spa water when a cover is used; and [CEnC
110.4(a)3]
4. Electric resistance heating. No electric resistance heating.
Exception 1 to Section 110.4(a)4: Listed package units with fully insulated
enclosures, and with tight-fitting covers that are insulated to at least R-6.
Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60
percent of the annual heating energy from site solar energy or recovered
energy. [CEnC 110.4(a)4]
(b) Installation. Any pool or spa system or equipment shall be installed with all of the
following:
1. Piping. At least 36 inches of pipe shall be installed between the filter and the
heater or dedicated suction and return lines, or built-in or built-up connections
shall be installed to allow for the future addition of solar heating equipment.
[CEnC 110.4(b)1]
2. Directional inlets. The swimming pool shall have directional inlets that
adequately mix the pool water. [CEnC 110.4(b)3i]
16.18.190 Section 504.1 Amended – Emergency shutoff switch.
Section 504.1 of the International Swimming Pool and Spa Code is hereby amended to read:
504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to
disconnect power to circulation and jet system pumps and air blowers. Emergency
shutoff switches shall be clearly labeled, accessible, located within sight of the spa and
shall be located not less than 5 feet (1524 mm) but not greater than 10 feet (3048 mm)
horizontally from the inside walls of the spa. [California Electrical Code (CEC), 680.41]
SECTION 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 3. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines,
because it can be seen with certainty that there is no possibility that the amendments herein
adopted will have a significant effect on the environment.
//
//
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Planning and Development Services
____________________________
Director of Administrative Services
City of Palo Alto (ID # 10538)
City Council Staff Report
Report Type: Action Items Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: Energy Reach Code for Building Construction
Title: PUBLIC HEARING: Adoption of an Ordinance Repealing Chapter 16.17 of
Title 16 (Building Regulations) Related to the California Energy Code and
Adopting a New Chapter 16.17 Incorporating the 2019 California Energy Code
With Local Amendments and Amendments to Title 24, Chapter 6 of the
California Code of Regulations. The Subject Ordinance is Exempt From the
California Environmental Quality Act (CEQA) in Accordance with CEQA
Guidelines Sections 15061 (b) and 15308.
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends the City Council take the following actions:
1. Adopt an ordinance repealing and restating Palo Alto Municipal Code Chapter 16.17 and
amending the 2019 California Energy Code, Title 24, Part 6, of the California Code of
Regulations to include local amendments (Attachment A); and
2. Adopt a resolution declaring the City’s intent to mandate all-electric service for new
construction effective January 2022 (Attachment B).
3. Find that the proposed action is exempt from the provisions of the California
Environmental Quality Act in accordance with Sections 15308 and 15061(b)(3).
Executive Summary
Every three years the State of California requires the adoption of new building codes1, including
energy codes. In addition to the mandatory updates, the State allows jurisdictions to adopt
more stringent energy codes – or reach codes – to help meet greenhouse gas reduction
targets2. The City of Palo Alto has adopted reach codes to meet its local greenhouse gas
1 A companion report is being presented to the City Council on November 4th that proposes ordinances adopting
the State-mandated building code along with some locally initiated amendments.
2 Following local adoption, the California Energy Commission must also approve any reach code based on
demonstrated compliance with State-mandated energy requirements, a cost-effectiveness study, and compliance
City of Palo Alto Page 2
emissions reduction goals set forth in the City’s Sustainability and Climate Action Plan (S/CAP)
for the past 3 code cycles (nine years).
The State-mandated energy codes being adopted in this code cycle are closer to the aggressive
standards previously approved by the City Council and applied to new construction projects.
Statewide feasibility studies3 provide support for the adoption of more stringent codes beyond
the State standard. However, as technological enhancements, energy efficiencies, and
construction techniques continue to improve, the margin to achieve greater reductions in
greenhouse gas emissions and energy efficiencies begins to narrow. Moreover, new
construction only represents about 5% of the City’s overall greenhouse gas emissions reduction
strategy4.
Some communities have adopted reach codes that prohibit natural gas in new construction, but
may include some exceptions for gas cooking ranges, fireplaces and outdoor grills in single
family homes and still other exceptions for commercial kitchens and life science research
facilities. The City of Berkeley adopted a gas ban for new construction through a regulatory
approach outside of the reach code process.
For Palo Alto, staff recommends a multi-pronged approach to set a two-year target for all-
electric new construction and, in the meantime, incentivize all-electric construction and require
any mixed-fuel construction to meet the maximum standards found to be cost-effective. This
strategy is intended to further the City’s greenhouse gas emission reduction goals and improve
overall building efficiency and, therefore, consume or demand less energy. This approach
includes all of the following:
1. Exceed State-mandated energy codes by requiring new homes and low-rise multi-family
buildings of three-stories or less be built using:
a. An all-electric design – no gas utility hookups; or,
b. Mixed-fuel (electric/gas) with a design to facilitate conversion to electrical utility
service AND achieve a ten point energy reduction rating (EDR 10) beyond the
state standard.
2. Exceed state-mandated energy codes by requiring new office and retail buildings be
constructed using:
a. An all-electric design – no gas utility hookups; or,
with environmental regulations. This State-review would occur prior to the effective of the more stringent
standards.
3 2019 Cost-effectiveness Study: Low-Rise Residential New Construction and 2019 Nonresidential New
Construction Reach Code Cost Effectiveness Study. Retrieved from: https://localenergycodes.com/content/2019-
local-energy-ordinances/
4 The S/CAP has a goal for reducing community-wide greenhouse gas emission to 150,430 MT by 2030.
City of Palo Alto Page 3
b. Mixed-fuel with a design to facilitate conversion to electrical utility service AND
increase building efficiency by a 12% margin beyond the state standard.5
3. Exceed State-mandated energy codes by requiring hotels, motels, and four-story multi-
family buildings be constructed using:
a. An all-electric design – no gas utility hookups; or,
b. Mixed-fuel with a design to facilitate conversion to electrical utility service AND
increase building efficiency by a 5% margin beyond the State standard.5
4. Promote voluntary electrification in existing homes and business (which represents 38%
of the City’s GHG emissions reduction strategy) through:
a. Utility financial incentives; AND
b. Public outreach/education campaigns
5. Strengthen compliance with state and local reach codes by:
a. Requiring third-party compliance certification to ensure energy efficiency targets
are achieved in new mixed-fuel buildings; AND
b. Define terms related to substantial remodels in the next 18 months to clearly
distinguish when residential and non-residential remodels constitute new
construction.
6. Declare a goal to enact an all-electric mandate for new construction effective January
2022 – one year ahead of the schedule for the next code cycle implementation.
This approach recognizes the strong community interest to reduce natural gas consumption
and therefore reduce greenhouse gas emissions. It further balances this interest with
homeowner desires for gas ranges and fireplaces, which are common features in new home
construction and, compared to other appliances, produce less greenhouse gas emissions. The
staff recommendation also leverages the City’s own utility service as a way to target existing
homeowners and businessowners to encourage a voluntary transition toward all electric service
which would have a meaningful impact on local greenhouse gas emission reductions and help
the City achieve its 2030 S/CAP goal. To ensure better oversight of the reach code compliance,
the modeling of the building energy design will require a Certified Energy Analyst (CEA) to
perform the energy analysis report that is submitted to the City as part of the permitting
process. The elements of this design will be enforced in the field through construction
inspections. This newly added level of compliance exceeds state standards and previous Palo
Alto code cycle requirements in which no CEA was required.
5 Increasing the building’s energy efficiencies by a 5-12% margin beyond the minimum state requirements requires
that the building design uses less energy by improving the proposed design of the building’s energy systems, such
as heating and cooling systems, better ventilation duct sealing and leakage testing, building envelope elements,
such as cool-roof materials, low-e windows, increased wall and floor insulation, and quality insulation installation
that require a third party inspector.
City of Palo Alto Page 4
Lastly, the staff recommendation serves to provide advanced notice to prospective
homebuilders and developers of the City’s intent to move quickly toward an all-electric design
requirement.
The balance of this report provides more background and detailed information, including
alternative recommendations should the Council be interested in less or more aggressive
measures in its reach code.
Background
Palo Alto has a history of leadership in the area of sustainability and energy efficiency. Over the
past three code cycles, Palo Alto has adopted local green building and energy reach code
requirements that are more aggressive than the State’s requirements. In April 2016, the City
Council adopted a Sustainability and Climate Action Plan Framework (S/CAP), which includes an
ambitious greenhouse gas reduction goal of 80% from the 1990 level by 2030. This goal is 20
years ahead of the state’s goal of an 80% reduction by 2050. Subsequently, the City Council
approved a three-year Sustainability Implementation Plan (SIP) spanning from 2018 to 2020,
which directs staff to explore green building, energy efficiency, and electrification policy options
that go beyond code minimum for the 2019 code cycle.6 As shown in Figure 1, among the S/CAP
emission reduction strategies, building electrification accounts for 43% of the 2030 greenhouse
gas emissions reduction strategies.
Figure 1: City of Palo Alto’s S/CAP Emission Reduction Strategies.
6 City of Palo Alto. (2017, December 11). City of Palo Alto Sustainability Implementation Plan (SIP) Key Actions
2018-2020. Retrieved from
https://www.cityofpaloalto.org/services/sustainability/sustainability_and_climate_action_plan/default.asp
City of Palo Alto Page 5
In order to meet the S/CAP goal, an interdepartmental staff team collaborated to develop a
multi-faceted strategy to expedite electrification in Palo Alto. Integral to this process was a
thorough public engagement strategy through which staff sought input from the Green Building
Advisory Group (GBAG)7. The GBAG is a group of green building professionals and stakeholders
who has met regularly since 2013 to develop recommendations for Palo Alto’s green building
policies.
The 2019 California Building Energy Efficiency Standards contains new mandated energy
efficiency standards and has a target effective date of January 1, 2020. The state’s 2019
Building Energy Standards are more stringent than the 2016 standards. The 2019 standards
require rooftop photovoltaic systems (PV) in new low-rise residential buildings (up to three
stories high). Single-family homes built under the 2019 standards will use about 7 percent less
energy than those under the 2016 standards due to improved energy efficiency standards. After
factoring in the rooftop solar electric generation, homes built under the 2019 standards will use
about 53 percent less energy than those under the 2016 standards. Nonresidential buildings
will use about 30 percent less energy, due mainly to lighting upgrades.8
To achieve the state’s energy efficiency and greenhouse gas reduction goals, the California
Energy Commission (CEC) has encouraged cities to adopt “energy reach codes” that are more
stringent than the baseline statewide requirements. Public Resources Code Section
25402.1(h)(2) and Section 10-106 of the Building Energy Efficiency Standards establish a
process that allows local adoption of energy standards that are more stringent than the
statewide standards. Under this process, the CEC requires any local amendments to the
California Energy Code that affect energy use in regulated buildings to be cost effective (i.e. do
not create additional financial burden to building owners) and use less energy than the
standard requirements. Cost effectiveness and energy use findings of the proposed Energy
Reach Code are provided later in this report and in the Reach Code Ordinance.
In late 2018, Palo Alto joined the statewide reach code cost effectiveness study (Statewide
Study), led by the California Codes and Standards Local Ordinance Team, with participation
from investor-owned utilities including Pacific Gas & Electric and Southern California Edison.
The Statewide Study covers residential and non-residential new construction projects to inform
local governments to develop local energy reach codes. This Statewide Study is also being used
by other cities including Menlo Park, San Francisco, and San Jose to implement reach codes.9
7 Climate/Sustainability and Climate Action Plan, Green Building Update Staff Report. Retrieved from
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=59283.07&BlobID=70007
8 California Energy Commission 2019 Building Energy Standards Frequently Asked Questions. Retrieved from
https://ww2.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2019_Building_Standards_FAQ.pdf
9 When adopting energy reach codes, local governments must ensure that the code requirements are cost
effective, meet the state’s minimum Building Energy Standards, and do not exceed federal appliance efficiency
standards. The CEC requires that local government undertake a cost-effectiveness study to demonstrate that the
proposed energy reach code do not create additional financial burden to building owners while meeting the state’s
Building Energy Standards. See California Energy Codes and Standards. (2019, August 1). Title 24, Parts 6 and 11
City of Palo Alto Page 6
The final reports of the Statewide Study were released in late July and early August 2019.10 The
non-residential study report includes cost effectiveness results using Palo Alto utility rates,
while cost effectiveness results for residential new construction projects using Palo Alto rates
are separately provided in an addendum report.11
For Palo Alto, the study found that all-electric single family and low-rise multifamily new
construction projects are cost effective. For non-residential new construction projects, the
study also found that all-electric medium office buildings (prototype is a 3-story, 54,000 sq.ft.
office building) and medium retail buildings (prototype is a 1-story, 25,000 sq.ft. retail building)
are cost effective; and mixed-fuel office and retail buildings with up to a 14% compliance
margin12 are cost effective. All-electric small hotels (prototype is a 4-story, 43,000 sq.ft. hotel)
are not cost effective, although mixed-fuel hotels with up to a 6% compliance margin are cost
effective. To meet the CEC’s cost effectiveness requirements for local energy reach code, there
must be one cost effective compliance pathway for each building type. For example, Palo Alto
could require a compliance margin of 20% for new medium office buildings even when that is
not cost effective, as long as an all-electric new medium office building is cost effective.
Once Council adopts the proposed Energy Reach Code ordinance, staff will file an application to
the CEC to approve the local energy standards, along with documentation to demonstrate that
the proposed local energy standards are cost effective and consume no more than energy than
permitted by the Building Energy Standard. The CEC will post the locally adopted energy
standards for a 60-day public comment period prior to approving the standards at a CEC
business meeting. After obtaining CEC approval, staff will file the local energy standards with
the Building Standards Commission. Based on this process, staff anticipates an effective date of
the proposed Energy Reach Code of March 1, 2020.
Discussion
The proposed reach code ordinance will encourage all-electric design and increase the
minimum requirements for building energy performance for mixed-fuel design compared to the
2019 California Energy Code. The proposed energy ordinance adopts cost-effective compliance
options and would be triggered on permit application for the following project types: 1) new
one- and two-family residential, 2) new low-rise multi-family residential, 3) new commercial
“non-residential” office and retail, 4) new high-rise hotel/ motel construction. A summary of
the proposed standards is provided in the following table:
10 2019 Residential New Construction Cost-Effectiveness Study (2019, August 1) and 2019 Nonresidential New
Construction Cost-Effectiveness Study (2019, July 25). Retrieved from:
https://localenergycodes.com/content/2019-local-energy-ordinances/
11 Attachment C: 2019 Draft Cost Effectiveness Study: Low-Rise Residential Addendum – CPAU Analysis (2019, April
5)
12 The compliance margin represents the percentage of energy savings compared to the state’s Building Energy
Standard, e.g. a 5% compliance margin means that the proposed building will use 5% less energy than the standard
design
City of Palo Alto Page 7
Table 1. Proposed Reach Code Components
All- Electric Design Mixed-Fuel Design
New One- and Two-Family
Residential Buildings
No additional efficiency
requirements above the
Standard Building Design
(16.17.110 (b)1.A)
● Increase building efficiency to
achieve an EDR 10 points less
than the Standard Building
Design
● Electrification ready for water
and space heating, cooking
and clothes drying
(16.17.110 (b)1.B)
New Low- Rise Multi-
Family Buildings (3-Stories
of less)
No additional efficiency
requirements above the
Standard Building Design
(16.17.110 (b)1.A)
● Increase building efficiency to
achieve an EDR 10 points less
than the Standard Building
Design
● Electrification ready for water
and space heating, cooking
and clothes drying
(16.17.110 (b)1.B)
New Office/ Retail
Buildings
No additional efficiency
requirements above the
Standard Building Design
(16.17.080)
● Increase building efficiency to
achieve 12% margin above the
Standard Building Design
● Electrification ready for water
and space heating, cooking
and clothes drying
(16.17.080 Table 140.1-A)
New Hotel/Motel/ Multi-
Family Buildings 4-stories
or more
No additional efficiency
requirements above the
Standard Building Design
(16.17.080)
● Increase building efficiency to
achieve 5% margin above the
Standard Building Design
● Electrification ready for water
and space heating, cooking
and clothes drying
(16.17.080 Table 140.1-A)
City of Palo Alto Page 8
There are two methods for demonstrating compliance with the 2019 California Energy Code.
The first type of compliance is called the “performance approach” and the second type is the
“prescriptive approach”.
The performance approach is required to develop an energy budget that assigns a maximum
amount of energy that a building can use within the design. Each budget is unique to the
project and is based on many factors. Examples of components that contribute to an energy
budget include location, size and orientation, building geometry, exterior wall design, and
heating and cooling system design. The allowable energy budget for a building is referred to as
the “standard” design. The actual energy budget for the design of a building is referred to as
the “proposed” design.
The prescriptive approach can also be used for new construction, additions and alterations and
it prescribes a set of standard requirements for all the energy components of the building
design and accounts for the climate zone of the building’s location. The prescriptive approach
is typically more conservative and less flexible than the performance approach.
The proposed energy reach code ordinance (see Attachment A) encourages all-electric new
construction projects and will require higher energy efficiency standards than the 2019 Building
Energy Standards and all-electric readiness for newly-constructed residential and non-
residential buildings with connected natural gas service. The efficiency requirements will vary
by building type.
In the 2019 California Energy Code, there will be a new rating for the energy performance for
new residential buildings. New low-rise residential construction will be measured by an Energy
Design Rating (EDR) and will be used in the energy modelling software. The EDR score is a
metric for energy performance measured on a scale of zero (0) to one hundred (100). A score
of zero is a zero-net-energy building and a score of 100 represents an inefficient building with
the energy consumption of a building built to the requirements of the 2006 International
Energy Conservation Code. The lower the EDR index score, the better.
For new one and two-family dwellings and low-rise multi-family residential buildings of three
stories or less, the design performance approach of these buildings will increase the building’s
energy efficiency by reducing the building’s required Energy Design Rating (EDR) score. The
proposed building’s EDR score will be required to be lower than the Standard Building EDR
based on the building type and use (see Table 1). This design approach will include certain
exceptions to account for limited solar access. Staff recommends that the energy analysis
report or the Certificate of Compliance is required to be performed by a Certified Energy
Analyst, who is registered with the California Association of Building Energy Consultants, as an
added assurance for compliance.
In lieu of the performance method, a prescriptive compliance approach can be utilized for low-
rise residential construction, that specifies additional measures and higher standards for the
City of Palo Alto Page 9
building’s energy systems and components, such as higher efficiency space and water heating
systems, increased floor slab insulation to reduce heat loss, cool-roof products with increased
solar reflectance for less heat absorption and lower cooling loads, duct system sealing and
leakage testing to increase efficiency, ducts located in conditioned space to reduce heat loss,
and ducted central force air heating systems for better efficiency. (See Attachment A, 2019
Energy Code Ordinance for Low-Rise Residential Prescriptive Standards 16.17.110).
New nonresidential buildings, such as office, retail, hotels, motels and high-rise residential
buildings of four stories or more, will have performance design requirements that increase the
building’s energy performance standards by reducing the building’s energy budget compared to
the Standard Building Design by 5-12%, depending upon the occupancy type (see Table 1). The
increased efficiency margins have found to be cost-effective for Palo Alto’s climate zone 4 as
referenced in the Statewide Cost-Effectiveness Study13. Staff also recommends that this
performance approach should require a Certified Energy Analyst to perform the energy analysis
report or Certificate of Compliance.
Similarly, as an alternate to the performance design approach, prescriptive compliance
measures that provide additional and higher performance requirements for some of the
building components can be used, such as cool roof products, economizers for air-handling
systems, reduced lighting densities, daylight dimming controls, drain water heat recovery
devices, etc. (See Attachment A, 2019 Energy Code Ordinance, 16.17.090, Section 140.2).
The all-electric readiness requirements apply only to new buildings that will be connected to
natural gas service. This means that in order to meet the Reach Code’s requirements, these
buildings with gas connections must include electric circuits and/or conduit for water and space
heating equipment, cooking equipment and clothes dryers, as well as space requirements for
water heaters in preparation for an eventual conversion from gas to electric appliances.
The residential energy reach code ordinance for one- and two-family dwellings do not apply to
additions and Accessory Dwelling Units, ADUs. This is an effort to encourage and not restrict
the construction of ADU’s to alleviate the housing shortage within Palo Alto. Residential
additions and alterations are also not subject to the energy reach code. Retrofitting existing
buildings for electrification was not part of the statewide cost-effectiveness study. It is difficult
to mandate electric-readiness, which would require upgrading the service panel to 200 amps
and installing electrical conduits to all existing gas appliances, for remodel projects on existing
buildings that did not incur any electrical work. Staff has discussed with the Energy Commission
staff and with the City’s energy consultant on how to apply electrification readiness to existing
buildings, with no reasonable approaches identified to date. The Energy Commission staff is
aware of these challenges and plans future studies to address electrifying existing buildings.
13 2019 Nonresidential New Construction Cost-Effectiveness Study (2019, July 25). Retrieved from:
https://localenergycodes.com/content/2019-local-energy-ordinances/
City of Palo Alto Page 10
In addition, new non-residential industrial and manufacturing buildings do not fall under the
reach code and are not required to be designed with a higher efficiency margin than the
standard design. These buildings were not part of the cost-effectiveness study14 and thus
cannot be shown to be cost-effective with the proposed ordinance, as required by the
California Energy Commission.
The all-electric design will be the preferred design for all building types, residential and non-
residential. As such, an all-electric building is only required to meet the performance standard
of the Standard Building Design with no additional energy efficiencies or increased prescriptive
requirements or measures required.
Comparison to Other Jurisdictions
More than fifty communities in California are considering adopting reach codes. Some cities
have been exploring the feasibility of an all-electric reach code where new buildings are not
permitted to have natural gas beginning in January 2020. The local ordinances of these cities
have many provisional conditions that allows gas infrastructure in new construction projects.
In July, the City of Berkeley adopted an ordinance banning natural gas infrastructure in new
buildings. Exemptions to the ordinance include building systems that have not been modeled
for all electric design by the CEC, internal ADUs, and an exemption for cases natural gas use is
shown to serve the public interest.15 As part of the gas ban adoption, the City of Berkeley has
also approved an allocation of $238,341 per year to fund a two-year position in the building
division to assist with implementing the gas prohibition ordinance and reach codes, including
training staff and assisting permit applicants.
In September, the City of Menlo Park adopted a reach code ordinance that requires residential
buildings (three stories or less) to be electrically heated or all-electric. These residential
buildings are still allowed to use gas for stoves, fireplaces, or other appliances if desired
provided there is pre-wiring for electric appliances. The ordinance also requires non-residential
buildings and high-rise residential buildings to be all-electric with a few exceptions. Life science
buildings may use natural gas for space heating and public agency owned and operated
emergency operations centers may use natural gas if they demonstrate that an all-electric
design is not cost effective and feasible. In addition, Menlo Park's ordinance allows non-
residential kitchens to appeal to use natural gas stoves.16
14 2019 Nonresidential New Construction Cost-Effectiveness Study (2019, July 25). Retrieved from:
https://localenergycodes.com/content/2019-local-energy-ordinances/
15 City of Berkeley. (2019, July 9). City Council Agenda Action Calendar Item C “Adopt an Ordinance adding a new
Chapter 12.80 to the Berkeley Municipal Code Prohibiting Natural Gas Infrastructure in New Buildings.” Retrieved
from https://www.cityofberkeley.info/Clerk/City_Council/2019/07_Jul/Documents/2019-07-
16_Revised_Packet_2019-07-16_Item_C_Adopt_an_Ordinance_adding_a_new_Chapter_pdf.aspx
16 City of Menlo Park. (2019, September 24). City Council Meeting Agenda Item J-3 “Adopt Ordinance No. 1057 to
establish local amendments to the 2019 California Energy Code that require higher levels of building electrification
City of Palo Alto Page 11
Also in September, the City of San Jose adopted a reach code ordinance that requires new
mixed-fuel buildings using natural gas to meet higher efficiency requirements and be pre-wired
for electrification; all-electric buildings are exempt from these requirements.17 San Jose City
Council also directed staff to introduce a companion ordinance in October that will require all
new municipal buildings to be all-electric, as well as requiring all new single-family and low-rise
multi-family housing to be all-electric.
Goal of 2022 All-Electric Mandate for New Construction Projects
Attached is a proposed resolution expressing the City Council’s goal to adopt an all-electric
mandate for new residential and non-residential buildings with an effective date of January
2022.
With ongoing active promotion of the many benefits of all-electric buildings, including lower
construction costs, improved indoor air quality and safety, and avoided greenhouse gas
emissions, staff expects that a majority of the new construction projects in Palo Alto in 2020
and 2021 will be all-electric design. During this time, city staff will also research and develop
practical solutions to encourage electrification and energy efficiency upgrades in existing
buildings. Calendar years 2020-2021 would serve as a transitional period for the building
industry to gain experience with all-electric design, and for equipment suppliers to plan their
inventory to meet industry needs and prepare to solve some the current challenges to an all-
electric mandate.
There are several challenges to all-electric mandates for commercial buildings. As an example,
heat pump equipment to meet the air conditioning load for life science and laboratory buildings
is currently not commercially available or could be very costly for other large commercial
buildings18. Many restaurant owners continue to prefer gas equipment for cooking and other
food preparations. Additionally, the compliance software19 for Title 24 Building Energy Standard
currently does not accommodate central heat pump space heating and water heating, which
would make compliance with an all-electric mandate very difficult for large commercial
buildings and high-rise multifamily buildings. The California Energy Commission is aware of this
and solar production for newly constructed buildings to reduce greenhouse gas emissions effective January 1,
2020.” Retrieved from https://www.menlopark.org/DocumentCenter/View/22922/J3---Second-reading-and-
adoption-of-reach-code-ord-CC?bidId=
17 City of San Jose. (2019, September 17). City Council Meeting Agenda Item 7.3 “Building Reach Code for New
Construction.” Retrieved from https://sanjose.legistar.com/LegislationDetail.aspx?ID=4123955&GUID=2028B4BB-
E839-4E3C-A340-066CE3452D29&Options=&Search=
18 Letter from Stanford Real Estate on Potential All-Electric Mandate for Non-Residential Buildings in Palo Alto,
September 27, 2019.
19 The CEC creates computer software for new construction projects to demonstrate compliance with the state’s
Building Energy Standards. To apply for a building permit for a proposed new construction project, the designer
needs to use the compliance software to show that the simulated energy usage for the building based on the
envelope design, energy systems, etc. does not exceed the energy usage of a similar building that meets the state’s
efficiency requirements (baseline requirements).
City of Palo Alto Page 12
limitation and is working to include these systems in a future release of the compliance
software.
Some challenges also remain to an all-electric mandate for the residential sector. Residential
consumers are likely to have limited awareness of efficient electric alternatives to space and
water heating and continue to express a passion for gas cooktops and gas fireplaces. There are
limited equipment options for heat pump radiant floor heating and many contractors are
unfamiliar with these systems.
For large nonresidential buildings, central heat pump space and water heating systems are not
modeled in the energy compliance software; until the software can model these systems, all-
electric mandate will need exceptions. It is currently difficult to find commercially available heat
pump equipment for these spaces.
Customer Programs and Education Campaign
Palo Alto is a fully built-out city, with less than 1% of the building stock being torn down and
rebuilt each year. To meet the City’s aggressive greenhouse gas reduction goals, it is necessary
to address emissions from existing building stock in addition to major reconstruction. The
Utilities Department (CPAU) offers customer programs and education campaigns to promote
and facilitate building electrification targeting the existing building stock, but an expansion of
these programs will incentivize electrification of existing buildings and complement the Reach
Code.
CPAU’s existing programs include rebate programs and technical assistance. CPAU launched a
Heat Pump Water Heater (HPWH) Rebate pilot in 2016 to promote the replacement of gas
water heaters with heat pump water heaters. CPAU will be launching a Home Electrification
Readiness assessment at the end of 2019 to help homeowners evaluate their energy use and
assess the master electric panel for home electrification.20 This service will be offered as part of
CPAU’s Home Efficiency Genie program.
Over the next 12 months, CPAU plans to launch a broader suite of electrification incentives to
drive electrification of existing buildings. These incentives will cover air source heat pumps for
space conditioning, induction cooking, and high efficiency electric clothes dryers. In addition,
CPAU plans to offer a rebate to homeowners who install an EV charger and upgrade their
master electric panel at the same time, which makes additional electrification measures easier
to implement. Having a menu of home electrification incentives gives homeowners the option
to either replace home appliances one at a time as appliances reach the end of useful life or do
it more comprehensively as part of a remodeling project to fully electrify the house and
disconnect the gas meter.
20 Most older homes in the city have electric panels with a limited capacity of 100 amps. While this is sufficient for
homes with gas water heating, gas space heating and gas cooking, a 100amp panel is insufficient to handle the
additional power draw when gas appliances are replaced with electric alternatives and also for EV charging. A
minimum master electric panel capacity of 200amp is recommended for panel upgrade in single family homes.
City of Palo Alto Page 13
To complement the home electrification incentives, CPAU will actively promote an education
campaign to raise the awareness of the benefits of an all-electric home. Recently, CPAU
launched a Home Electrification webpage21 as an online resource for homeowners. Staff plans
to build on this webpage as new electrification incentive becomes available for each type of
appliance, along with home efficiency improvement tips to improve comfort and minimize
utility bills. Aside from the website, CPAU will undertake extensive community outreach
including customer workshops, neighborhood meetings, and targeted social media campaigns
to educate the public on the benefits of electric appliances. An example of this type of outreach
is the Electrification Expo held on October 10 where representatives from various appliance
manufacturers, contractors, environmental advocacy groups and energy consultants were
available to answer questions. Leading experts on building electrification gave presentations to
explain why and how to electrify homes (see Attachment F for the keynote presentation). The
Expo was free to the public and attracted over 400 attendees. CPAU plans to organize similar
events in the future to promote building electrification. CPAU also plans to work with other
local governments and environmental advocacy groups to get the maximum exposure of the
building electrification campaign across the Bay Area.
Currently, program delivery models are primarily based on rebates and technical assistance, but
as opportunities present themselves, CPAU will partner with other agencies and/or supply chain
actors to facilitate building electrification. For example, the City is collaborating with the Bay
Area Regional Energy Network (“Bay REN”) to launch a regional HPWH market transformation
program in 2020 that offers incentives to distributors and contractors to install HPWHs.
Midstream incentives lower the inventory cost of stocking HPWH units to distributors and
contractors, and therefore helps to encourage contractors to promote HPWH as a water heater
replacement option. CPAU will also explore on-bill financing in the future when the new utility
billing software enables this function.
Resource Impact
In preparation of this request, the former Development Services Department engaged the
services of an energy consultant who performed a Cost Effectiveness Study at a cost of $80,000
and Green Building Consultant who provided support for program development and
implementation at a cost of $73,000. These costs spanned two fiscal years and were covered by
the department budget which is fully fee funded. Staff estimates that it will cost an additional
$25,000 annually for Green Building Consultants to continue program implementation for the
attached ordinance. The budget to cover these annual costs is included in the Planning and
Development Services base budget. In Fiscal Year 2022, in preparation for the 2023 code
adoption cycle, staff will need to complete another Cost Effectiveness Study which is
anticipated to also cost approximately $80,000. If additional budget is needed at that time,
staff will include the request in the Fiscal Year 2022 Proposed Operating Budget and adjust fees
accordingly so that appropriate costs are recovered through fees. If the City Council expands
the scope of ordinance, either upon approval of this ordinance or directs staff to increase the
21 https://www.cityofpaloalto.org/electrification
City of Palo Alto Page 14
scope (home electrification) prior to 2023, staff will need to access the new scope, obtain cost
estimates and return to City Council for additional resources and realignment of fees to cover
the costs.
Staff time and other resources will be required to implement the utility programs intended to
complement the Reach Code effort. The cost of the home electrification incentives in year 1, 2
and 3 is estimated at around $500K, $600K, and $800K respectively. It will require 0.75 FTE to
1.0 FTE to administer the incentive programs, implement a marketing/education campaign, and
manage technical assistance, as well as the cost of the marketing and outreach. Customer
incentives account for the biggest fraction of this cost, increasing from 55% in year 1 to 85% in
year 3. The total 3-year costs were estimated at $1.9 million. Various funding sources are
available for these programs depending on program benefits and terms, including Low Carbon
Fuel Standard funds and certain revenues related to Cap and Trade Program activities. Staff is
evaluating possible funding sources and prioritizing funding sources (like Low Carbon Fuel
Standard funds) that do not result in rate increases. The budget for these utility programs will
be reviewed internally, examined in the context of departmental priorities and capacity, and
evaluated through the development of the FY 2021 Budget and brought forward through the
budget process as appropriate.
Policy Implications
Based on the proposed reach code, staff estimates annual avoided greenhouse gas emissions of
280 MT (Million Tons), 307 MT and 325 MT in year 1, 2 and 3 respectively of the 3-year code
cycle. Assuming a 50-year building life, the total avoided greenhouse gas emissions are
estimated at 48,750 MT.
For the proposed building electrification incentive programs, staff estimates annual avoided
greenhouse gas emissions of 62 MT, 110 MT, 188 MT for rebates processed in year 1, 2 and 3.
We expect that electric appliances will remain in place after the initial fuel switch and therefore
the total avoided greenhouse gas emissions over a 50 year period is estimated at 18,025 MT.
The proposed reach code supports the City’s S/CAP Framework and the greenhouse gas
reduction goal of 80% from the 1990 level by 2030. It is also consistent with the key action EGY
5 in the 2018-2020 Sustainability Implementation Plan (“Develop programs that will result in
even greater efficiency savings and decarbonization from 2020 to 2030. Potential evaluations
include higher efficiency standards for new and existing buildings.”)
Given that new home construction represents less than a 1% per year turnover of the existing
residential building stock (and less than that for commercial customers), staff expects only a
small impact to the gas utility from an all-electric mandate for new construction. Staff is
working to assess the long-term impacts of building electrification on the gas utility in the
coming years, including participating in a working group on this issue with various stakeholders
from across the State. Such an assessment is included in the Utilities Department’s strategic
plan.
City of Palo Alto Page 15
Stakeholder Engagement
On February 22, 2018, the City of Palo Alto hosted the “Green Building Summit” at Mitchell
Park Library. Approximately 100 community stakeholders gathered to explore ways to address
priorities in the 2019 update of local green building and energy reach code. Areas covered
during the summit included: Energy, Water Efficiency, Electrification, Emissions, Indoor Air
Quality, Construction Debris, Demolition, and Salvage. Following the Green Building Summit,
the Technical Advisory Committee (TAC), a sub-committee of the GBAG, continued to meet
between May and September 2018 to develop the requirements of Palo Alto’s green building
ordinance and energy reach code.
During the summer of 2019, the City held meetings with the public in addition to meetings with
technical stakeholders to describe the proposed reach code requirements and collect feedback
on any questions and concerns. The city used various communication channels to alert the
public about the event, including online calendars, community list servers, newsletters, city
website posts Printed fliers, and social media platforms (Nextdoor, Twitter, and Facebook). Two
public engagement meetings were held in August and attended by 25-40 community members.
The TAC was reconvened in August and October to support refinement of the staff
recommendation for the 2019 Energy Reach Code.
At the October 2 Utilities Advisory Commission (UAC) meeting, staff gave an overview of the
background of energy reach code, the 2019 reach code development process, reach code
options adopted by other cities, and proposed utility initiatives to support building
electrification. (see UAC presentation in Attachment E)
Environmental Review
This action is exempt from the California Environmental Quality Act under CEQA Guidelines
section 15308 as an action by the City for protection of the environment, and under section
15061(b)(3) on the grounds that the proposed standards are more stringent than the State
energy standards, there are no reasonably foreseeable adverse environmental impacts and
there is no possibility that the activity in question may have a significant effect on the
environment.
Attachments:
• Attachment A: Ordinance Repealing and Restating Ch 16.17 Energy Code
• Attachment B: CPA All Electric Resolution
• Attachment C: 2019 Low Rise Reach Code Analysis CPAU Rates
• Attachment D: 2019 Reach Code-Handout
• Attachment E: 2019 Reach Code Presentation- Oct 2 UAC meeting
• Attahment F: 2019 CPA Electification Expo Keynote Presentation 10.10.19
6055283A (AB) 1
Ordinance No.
Ordinance of the Council of the City of Palo Alto Repealing and
Restating Chapter 16.17 of the Palo Alto Municipal Code, California
Energy Code, 2019 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.17 of the Palo Alto Municipal is hereby amended by repealing in its
entirety Chapter 16.17 and adopting a new Chapter 16.17 to read as follows:
16.17 CALIFORNIA ENERGY CODE
16.17.010 2019 California Energy Code adopted.
The California Energy Code, 2019 Edition, Title 24, Part 6 of the California Code of Regulations
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein. Except as amended herein, all requirements of the California Energy Code, 2019
Edition, Title 24, Part 6 of the California Code of Regulations shall apply.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, shall
be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2016. Ordinance No. 5383 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
One copy of the California Energy Code, 2019 Edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.17.020 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this
Chapter. Violators shall be subject to any penalty or penalties authorized by law, including but
not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto
Municipal Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal
Code. Each separate day or any portion thereof during which any violation of this Chapter
occurs or continues shall be deemed to constitute a separate offense.
2
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation
has been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.17.030 Enforcement -- Criminal Enforcement authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.17.040 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Energy Code, 2019 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.17.050 Section 100.1 Definitions and Rules of Construction
Section 100.1(b) is amended by adding the following definitions:
ALL-ELECTRIC BUILDING or ALL-ELECTRIC DESIGN is a building or building design that uses a
permanent supply of electricity as the source of energy for all space heating, water heating
(including pools and spas), cooking appliances, and clothes drying appliances, and has no
natural gas or propane plumbing installed in the building.
CERTIFIED ENERGY ANALYST is a person registered as a Certified Energy Analyst with the
California Association of Building Energy Consultants as of the date of submission of a
Certificate of Compliance as required under Section 10-103 of the Building Energy Efficiency
Standards for Residential and Non-Residential Buildings.
FREE STANDING ACCSESSORY DWELLING UNIT is a detached building that is not intended
for sale separate from the primary residence, on a lot that is zoned for single-family or
multifamily use, located on the same lot as an existing dwelling, and does not exceed 900
square feet of total floor area.
MIXED-FUEL BUILDING or MIXED-FUEL DESIGN is a building or building design that uses
natural gas or propane as fuel for space heating, water heating (including pools and spas),
cooking appliances or clothes drying appliances or is plumbed for such equipment.
16.17.060 Section 110.10 Mandatory Requirements For Solar Ready Buildings.
Section 110.10 Mandatory Requirements for Solar Ready Buildings is amended as follows:
(f) Subsection 110.10(f) is added to read:
3
(f) Existing tree canopies. In the event of a conflict between the provisions of
this Code, the Solar Shade Act of 2009, and the Palo Alto Tree Ordinance
(Chapter 8.10), the most protective of existing tree canopies shall prevail.
16.17.070 SUBCHAPTER 5 -NONRESIDENTIAL, HIGH-RISE RESIDENTIAL AND HOTEL/MOTEL
OCCUPANCIES – PERFORMANCE AND PRESECRIPTIVE COMPLIANCE APPROACHES FOR
ACHIEVING ENERGY EFFICIENCY
Section 140.0 - Performance and Prescriptive Compliance Approaches
Section 140.0 of the 2019 California Energy Code is amended to as follows:
(b) The requirements of Sections 120.0 through 130.5 (mandatory measures for
nonresidential, high-rise residential and hotel/motel buildings). and:
for all newly constructed buildings and additions, including new equipment
installed to serve additions:
1. The entire solar zone, as specified in Section 110.10, shall have a solar PV system
installed that meets the minimum qualification requirements as specified in Joint
Appendix JA11, subject to the exceptions in Section 110.10.
A. Exception to 140.0(b)1. Additions.
2. Electric-Ready Mixed-Fuel Buildings. Mixed-fuel buildings shall meet the
following requirements:
A. Water Heating
i. A dedicated 240 volt 30-amp electrical receptacle is required, that is
connected to the electric panel with conductors of adequate capacity,
within 3 feet from the water heater and accessible to the water
heater with no obstructions.
ii. Both ends of the unused conductor shall be labeled with the
words “For Future Heat Pump Water Heater” and shall be electrically
isolated.
iii. A condensate drain is required, that is no more than 2 inches higher
than the base of the installed water heater and allows natural
draining without pump assistance.
iv. Water heaters shall be located in an area with a minimum of 700
cubic feet of volume, or a ducting plan is required for eight-inch
supply and exhaust ducts to the exterior or to a space with 700 cubic
feet of volume.
Exception to 140.0(b)2.A.iv. The space and ventilation requirements may
be reduced to conform with the manufacturer’s recommendations for a
specific heat pump hot water heater that meets the requirements of
Sections 110.0, 110.1 and 110.3.
4
1. Clothes Drying
i. A dedicated 240-volt, 40 amp electrical receptacle is required that is
connected to the electric panel with conductors of adequate capacity,
within 3 feet of the appliance and accessible with no obstructions.
ii. Both ends of the unused conductor shall be labeled with the
words “For Future Heat Pump Clothes Drying” and be electrically
isolated.
2. Cooktop or Range.
i. A dedicated 240-volt, 50 amp electrical receptacle that is connected
to the electric panel with conductors of adequate capacity, within 3
feet of the appliance and accessible with no obstructions.
ii. Both ends of the unused conductor shall be labeled with the
words “For Future Inductive Range” and shall be electrically isolated.
EXCEPTION to 140.0(b)2.A, B, and C: If gas or propane plumbing is not
installed for the specified end uses.
3. Other Gas Equipment.
i. For equipment that is specified or connected to natural gas or
propane plumbing, the building shall include designated raceways
and reserved capacity on the main electrical panel and subpanels, if
applicable, sufficient to power electric equipment that provides the
equivalent function to the intended function of the gas equipment;
or,
ii. If gas plumbing exists but no gas equipment is specified or connected,
the building shall include designated raceways and reserved capacity
on the main electrical panel and subpanels, if applicable, sufficient to
provide equivalent power at a maximum gas flow rate under normal
gas service pressure. Plans shall include calculations for delivered gas
power and equivalent electrical power, conductors, raceway sizes and
panel capacities.
Exception to 140.0(b)2.D. If the applicant demonstrates that there is no
viable electrical equipment that can perform the intended function of the
gas equipment.
4. All newly installed raceways between the main electric panel and any
subpanels, and the point at which the conductors serving the building
connect to the common conductors of the utility distribution system
shall be sized for conductors adequate to serve all of the building’s
electrical requirements, including PV as specified Section 140.0(b)1 and
future electric loads as specified in Section 140.0(b)2.
5. If the building includes an electrical transformer(s) feeding the main
panel or any subpanels, the transformer(s) shall be located in a space
large enough to accommodate a transformer(s) with a rated capacity
5
sufficient to serve all of the building’s electrical requirements, including
PV as specified in Section 140.0(b)1 and future electric loads as specified
in Section 140.0(b)2.
16.17.080 Section 140.1 – Performance Approach: Energy Budgets
Section 140.1 of the 2019 California Energy Code is amended to read as follows:
A newly constructed All-Electric Building complies with the performance approach if the
energy budget calculated for the proposed design building under Subsection (b) is no
greater than the energy budget calculated for the Standard Design Building under
Subsection (a).
A newly constructed Mixed-Fuel Building complies with the performance approach if the
energy budget calculated for the proposed design building under Subsection (b) has a
compliance margin, relative to the energy budget calculated for the Standard Design
Building under Subsection (a), of at least the value specified for the corresponding
occupancy type in Table 140.1-A below.
Table 140.1-A Mixed Fuel Building Compliance Margins Occupancy Type Compliance Margins
Office Building 12%
Retail Store 12%
Hotel/motel and High-rise residential 5%
Industrial/Manufacturing 0%
All other Nonresidential occupancies 5%
(a) Energy Budget for the Standard Design Building. The energy budget for the
Standard Design Building is determined by applying the mandatory and prescriptive
requirements to the proposed design building. The energy budget is the sum of the
TDV energy for space-conditioning, indoor lighting, mechanical ventilation, service
water heating, and covered process loads.
(b) Energy Budget for the Proposed Design Building. The energy budget for a proposed
design building is determined by calculating the TDV energy for the proposed design
building. The energy budget is the sum of the TDV energy for space-conditioning,
indoor lighting, mechanical ventilation and service water heating and covered
process loads.
(c) Calculation of Energy Budget. The TDV energy for both the Standard Design Building
and the proposed design building shall be computed by Compliance Software
certified for this use by the Commission. The processes for Compliance Software
approval by the Commission are documented in the ACM Approval Manual.
(d) Certificate of Compliance. The Certificate of Compliance shall be prepared and
signed by a Certified Energy Analyst and the energy budget for the Proposed Design
shall be no greater than the Standard Design Building.
6
16.17.090 Section 140.2 - Prescriptive Approach
Section 140.2 of the 2019 California Energy Code is amended to read as follows:.
To comply using the prescriptive approach, a building shall be designed with and shall
have constructed and installed systems and components meeting the applicable
requirements of Sections 140.3 through 140.9, and the following requirements, as
applicable:
(a) Mixed-Fuel Buildings of Hotel, Motels or High-Rise Multifamily Occupancies
1. Install fenestration with a solar heat gain coefficient no greater than 0.22.
2. Design Variable Air Volume (VAV) box minimum airflows to be equal to the zone
ventilation minimums.
3. Include economizers and staged fan control in air handlers with a mechanical
cooling capacity ≥ 33,000 Btu/h.
4. Reduce the lighting power density (Watts/ft2) by ten percent (10%) from that
required from Table 140.6-C.
5. In common areas, improve lighting without claiming any Power Adjustment
Factor credits:
A. Control to daylight dimming plus off per Section 140.6(a)2H, and
B. Perform Institutional Tuning per Section 140.6(a)2J
6. Install one drain water heat recovery device per every three guest rooms that
is field verified as specified in the Reference Appendix RA3.6.9.
(b) All Other Nonresidential Mixed-Fuel Buildings
1. Install fenestration with a solar heat gain coefficient no greater than 0.22.
2. Limit the fenestration area on east-facing and west-facing walls to one-half of
the average amount of north-facing and south-facing fenestration.
3. Design Variable Air Volume (VAV) box minimum airflows to be equal to the zone
ventilation minimums where VAV systems are installed.
4. Include economizers and staged fan control in air handlers with a mechanical
cooling capacity ≥ 33,000 Btu/h.
5. Reduce the lighting power density (Watts/ft2) by ten percent (10%) from that
required from Table 140.6-C.
6. Improve lighting without claiming any Power Adjustment Factor credits:
A. Perform Institutional Tuning per Section 140.6(a)2J, and
B. In office spaces, control to daylight dimming plus off per Section
140.6(a)2H, and
7
C. Install Occupant Sensing Controls in Large Open Plan Offices per Section
140.6(a)2I.
16.17.100 SUBCHAPTER 7 - LOW-RISE RESIDENTIAL BUILDINGS- MANDATORY FEATURES
AND DEVICES
Section 150.0 - Mandatory Features and Devices. Section 150.0 of the 2019 California
Energy Code is amended to read as follows:
Low-rise residential buildings shall comply with the applicable requirements of
Sections 150(a) through 150(sr).
NOTE: The requirements of Sections 150.0 (a) through (sr) apply to newly
constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of
Sections 150.0(a) through 150.0(r) also apply to additions or alterations. The
amendments to sections 150.0 (h), 150.0 (n), and 150.0 (s) do not apply to additions,
alterations, or ADUs.
Section 150.0(h) Space-conditioning equipment, Section 150.0 (h) is modified to add a
new subsection (5) as follows:
5. Systems using gas or propane space heating equipment shall include the
following components:
A. A designated exterior location for a future heat pump compressor unit with
either a drain or natural drainage for condensate from possible future
operation as cooling equipment.
B. A dedicated 240 volt, 30 amp electrical circuit that is connected to the
electric panel with conductors of adequate capacity, terminating within 3
feet from the designated future location of the compressor unit with no
obstructions. In addition, all of the following are required:
i. Both ends of the unused conductor shall be labeled with the word “For
Future Heat Pump Space Heater” and be electrically isolated; and
ii. A double pole circuit breaker in the electrical panel labeled with the
words “For Future Heat Pump Space Heater”.
EXCEPTION to Section 150.0(h)5.B. If a 240 volt 30 amp electrical circuit
exists for space cooling equipment.
Section 150.0(n) Water heating system, Section 150.0 (n) is modified as follows:
(n) Water Heating System.
1. Systems using gas or propane water heaters to serve individual dwelling units
excluding Free Standing Accessory Dwelling Units, shall include the following
components:
8
A. A dedicated 240 volt, 30 amp electrical receptacle that is connected to the
electric panel with conductors of adequate capacity , within 3 feet from the
water heater and accessible to the water heater with no obstructions. In
addition, all of the following are required:
i. Both ends of the unused conductor shall be labeled with the
words “For Future Heat Pump Water Heater” and be electrically isolated;
and
ii. A double pole circuit breaker in the electrical panel labeled with the
words “For Future Heat Pump Water Heater”.
B. A Category III or IV vent, or a Type B vent with straight pipe between the
outside termination and the space where the water heater is installed; and
C. A condensate drain that is no more than 2 inches higher than the base of the
installed water heater, and allows natural draining without pump assistance,
and
D. A location in an area that is both:
i. At least 3 feet by 3 feet by 7 feet high; and
ii. Has a minimum volume of 760 cubic feet or a ventilation plan that
includes the equivalent of one 16 inch by 24 inch grill for warm supply air
and one 8 inch duct of no more than 10 feet in length for cool exhaust
air.
Exception 1 to 150.0(n)1.D. The space and ventilation requirements may be
reduced to conform with the manufacturer’s recommendations for a specific
heat pump hot water heater that meets the requirements of Sections 110.0,
110.1 and 110.3.
2. Water heating recirculation loops serving multiple dwelling units shall meet the
requirements of Section 110.3(c)5.
3. Solar water-heating systems and collectors shall be certified and rated by the
Solar Rating and Certification Corporation (SRCC), the International Association
of Plumbing and Mechanical Officials, Research and Testing (IAPMO R&T), or by
a listing agency that is approved by the chief building official.
4. Instantaneous water heaters with an input rating greater than
6.8 kBTU/hr (2kW) shall meet the requirements of Section 110.3(c)7.
5. Systems using gas or propane water heaters to serve multiple dwelling units
and/or common areas shall:
A. Be located in a space that can accommodate a heat pump water heating
system of equivalent capacity and performance; and
B. Have a condensate drain that is no more than 2 inches higher than the base
of the installed water heater, and allows natural draining without pump
assistance; and
9
C. Include designated raceways and reserved capacity on the main electrical
panel and subpanels, if applicable, sufficient to power a heat pump hot water
heater of equivalent capacity and performance. Plans shall include
calculations for equivalent capacity and performance, electrical power,
conductors, raceway sizes and panel capacities.
Section 150.0 Mandatory Features and Devices, Section 150.0 is modified to add a new
subsection (s) as follows:
(s) Clothes Drying and Cooking. Buildings plumbed for natural gas or propane clothes
drying or cooking equipment shall include the following components for each gas
terminal or stub out:
1. Clothes Drying.
A. A dedicated 240-volt, 30 amp electrical receptacle that is connected to the
electric panel with conductors of adequate capacity, within 3 feet of the
appliance and accessible with no obstructions. In addition, all of the
following are required:
i. Both ends of the unused conductor shall be labeled with the word “For
Future Heat Pump Clothes Dryer” and be electrically isolated; and
ii. A double pole circuit breaker in the electrical panel labeled with the
words “For Future Heat Pump Clothes Dryer”.
2. Cooking Range.
A. A dedicated 240-volt, 50-amp electrical receptacle that is connected to the
electric panel with conductors of adequate capacity, within 3 feet of the
appliance and accessible with no obstructions. In addition, all of the
following are required:
i. Both ends of the unused conductor shall be labeled with the word “For
Future Electric Range” and be electrically isolated; and
ii. A double pole circuit breaker in the electrical panel labeled with the
words “For Future Electric Range”.
16.17.110 SUBCHAPTER 8 – LOW-RISE RESIDENTIAL BUILDINGS- PERFORMANCE AND
PRESCRIPTIVE COMPLIANCE APPROACHES
Section 150.1 - Performance and Prescriptive Compliance Approaches for Low-Rise
Residential Buildings. Section 150.1 of the 2019 California Energy Code is amended to read
as follows:
(a) Section (a) is adopted without modification
(b) Performance Standards. A building complies with the performance standards if
the energy consumption for the proposed design building is no greater than the
10
energy budget calculated for the Standard Design Building using Commission-
certified compliance software as specified by the Alternative Calculation
Methods Approval Manual.
1. Newly Constructed Buildings. The Energy Budget for newly constructed
buildings is expressed in terms of the Energy Design Rating, which is based on
TDV energy. The Energy Design Rating (EDR) has two components, the Energy
Efficiency Design Rating, and the Solar Electric Generation and Demand
Flexibility Design Rating. The Solar Electric Generation and Demand Flexibility
Design Rating shall be subtracted from the Energy Efficiency Design Rating to
determine the Total Energy Design Rating. The Proposed Building shall
separately comply with the Energy Efficiency Design Rating and the Total
Energy Design Rating.
A. An All-Electric Building complies with the performance standard if both
the Total Energy Design Rating and the Energy Efficiency Design Rating
for the Proposed Building are no greater than the corresponding Energy
Design Ratings for the Standard Design Building.
B. A Mixed-Fuel Building complies with the performance standards if:
i. The Energy Efficiency Design Rating of the Proposed Building is no
greater than the Energy Efficiency Design Rating for the Standard
Design Building; and
ii. The Total Energy Design Rating for the Proposed Building is at least
10 points less than the Total Energy Design Rating for the Standard
Design Building.
EXCEPTION 1 to Section 150.1(b)1.B.ii. Buildings with limited solar
access are excepted if all of the following are true:
a. The Total Energy Design Rating for the Proposed Building is no
greater than the Standard Design Building; and
b. A photovoltaic (PV) system(s) meeting the minimum
qualification requirements as specified in Joint Appendix JA11
is installed on all available areas of 80 contiguous square feet
or more with effective annual solar access. Effective annual
solar access shall be 70 percent or greater of the output of an
unshaded PV array on an annual basis, wherein shade is due
to existing permanent natural or manmade barriers external
to the dwelling, including but not limited to trees, hills, and
adjacent structures.
c. The Energy Efficiency Energy Design Rating for the Proposed
Building is no greater than the respective value for the
Standard Design Building by the EDR margin in Table 150.1(b)1
below.
11
Table 150.1(b)1: Energy Efficiency EDR Margins
Building Type Energy Efficiency EDR
Margin
Single Family 2
Multifamily 1
2. Additions and Alterations to Existing Buildings. The Energy Budget for
additions and alterations is expressed in terms of TDV energy. A building
complies with the performance standards if the energy consumption
calculated for the Proposed Building is no greater than the energy budget
calculated for the Standard Design Building.
3. Compliance demonstration requirements for performance standards.
Section 150.1(b)3A is modified to add subsection i as follows:
i. Certificate of Compliance. The Certificate of Compliance is prepared
and signed by a Certified Energy Analyst and the Total Energy Design
Rating of the Proposed Design shall be no greater than the Standard
Design Building.
(c) Prescriptive Standards/Component Package. Buildings that comply with the
prescriptive standards shall be designed, constructed, and equipped to meet
all of the requirements for the appropriate Climate Zone shown in TABLE
150.1-A or B.
In TABLE 150.1-A and TABLE 150.1-B, a NA (not allowed) means that feature is
not permitted in a particular Climate Zone and a NR (no requirement) means
that there is no prescriptive requirement for that feature in a particular
Climate Zone as well as all of the requirements of Section 150.1(c)15 and 16,
whichever are more stringent. Installed components shall meet the following
requirements:
1. – 14. Subsections 150.1(c)(1) – (14) are adopted without modification.
15. Additional Prescriptive Requirements for Single Family buildings. Section
150.1(c) is modified to add subsection 15 as follows:
A. Duct System Sealing and Leakage Testing. The duct systems shall
exceed the minimum mandatory requirements of Section 150.0(m)11
A and B such that the total duct system leakage shall not exceed 2
percent of the nominal system air handler air flow.
12
B. Slab insulation. Slab floor perimeter insulation shall be installed with
an R-value equal to or greater than R10. The minimum depth of
concrete-slab floor perimeter insulation shall be 16 inches or the
depth of the footing of the building, whichever is less.
C. Compact Hot Water. The hot water distribution system shall be
designed and installed to meet minimum requirements for the basic
compact hot water distribution credit according to the procedures
outlined in the 2019 Reference Appendices RA4.4.6.
D. Ducted Central Forced Air Heating Systems. Central Fan Integrated
Ventilation Systems. The duct distribution system shall be designed
reduce external static pressure to meet a maximum fan efficacy equal
to:
Gas Furnaces: 0.35 Watts per cfm
Heat Pumps: 0.45 Watts per cfm,
according to the procedures outlined in the 2019 Reference
Appendices RA 3.3.
16. Additional Prescriptive Requirements for Multifamily buildings. Section
150.1(c) is modified to add subsection 16 as follows:
A. Ducts in Conditioned Space. All ductwork shall be located entirely in
conditioned space with ducts tested to have less than or equal to 25
cfm leakage to outside. Ductwork shall meet the requirements of
Verified Low Leakage Ducts in Conditioned Space (VLLDCS) in the 2019
Reference Appendices RA3.1.4.3.8.s
B. Roofing Products. Low-rise residential buildings with steep-sloped
roofs shall have a minimum aged solar reflectance of 0.25.
C. Slab insulation. Slab floor perimeter insulation shall be installed with
an R-value of equal to or greater than R10. The minimum depth of
concrete-slab floor perimeter insulation shall be 16 inches or the
depth of the footing of the building, whichever is less.
D. Compact Hot Water. The hot water distribution system shall be
designed and installed to meet minimum requirements for the basic
compact hot water distribution credit according to the procedures
outlined in the 2019 Reference Appendices RA4.4.6.
E. Central Fan Integrated Ventilation Systems. Central forced air system
fans used to provide outside air, shall have an air-handling unit fan
efficacy less than or equal to 0.35 W/CFM. The airflow rate and fan
13
efficacy requirements in this section shall be confirmed through field
verification and diagnostic testing in accordance with all applicable
procedures specified in Reference Residential Appendix RA3.3. Central
Fan Integrated Ventilation Systems shall be certified to the Energy
Commission as RA3.7.4.2.
16.17.120 Infeasibility Exemption.
(a) Exemption. If an applicant for a Covered Project believes that circumstances exist that
makes it infeasible to meet the requirements of this Chapter, the applicant may request
an exemption as set forth below. In applying for an exemption, the burden is on the
Applicant to show infeasibility.
(b) Application. If an applicant for a Covered Project believes such circumstances exist, the
applicant may apply for an exemption at the time of application submittal in accordance
with the Planning and Development Services administrative guidelines. The applicant
shall indicate the maximum threshold of compliance he or she believes is feasible for
the covered project and the circumstances that make it infeasible to fully comply with
this Chapter. Circumstances that constitute infeasibility include, but are not limited to
the following:
(1) There is conflict with the compatibility of the currently adopted green
building ordinance and/or California Building Standards Code;
(2) There is conflict with other City goals, such as those requiring historic
preservation or the Architectural Review criteria;
(3) There is a lack of commercially available materials and technologies to
comply with the requirements of this Chapter;
(4) Applying the requirements of this Chapter would effectuate an
unconstitutional taking of property or otherwise have an unconstitutional
application to the property.
(c) Review by Architectural Review Board (ARB). For any covered project for which an
exemption is requested and Architectural Review is required by the ARB, the ARB shall
provide a recommendation to the Director of Planning and Development Services or
designee regarding whether the exemption shall be granted or denied, along with its
recommendation on the project.
(d) Granting of Exemption. If the Director of Planning and Development Services, or
designee, determines that it is infeasible for the applicant to fully meet the
requirements of this Chapter based on the information provided, the Director, or
designee, shall determine the maximum feasible threshold of compliance reasonably
achievable for the project. The decision of the Director, or designee, shall be provided to
the applicant in writing. If an exemption is granted, the applicant shall be required to
comply with this Chapter in all other respects and shall be required to achieve, in
14
accordance with this Chapter, the threshold of compliance determined to be achievable
by the Director or designee.
(e) Denial of Exemption. If the Director of Planning and Development Services or designee
determines that it is reasonably possible for the applicant to fully meet the
requirements of this Chapter, the request shall be denied and the Director or designee
shall so notify the applicant in writing. The project and compliance documentation shall
be modified to comply with this Chapter prior to further review of any pending planning
or building application.
(f) Council Review of Exemption. For any covered project that requires review and action
by the City Council, the Council shall act to grant or deny the exemption, based on the
criteria outlined above, after recommendation by the Director of Planning and
Development Services.
16.17.130 Appeal.
(a) Any aggrieved Applicant may appeal the determination of the Director of Planning and
Development Services or designee regarding the granting or denial of an exemption
pursuant to 16.17.070.
(b) Any appeal must be filed in writing with the Planning and Development Services
Department not later than fourteen (14) days after the date of the determination by the
Director. The appeal shall state the alleged error or reason for the appeal.
(c) The appeal shall be processed and considered by the City Council in accordance with the
provisions of Section 18.77.070(f) of the City of Palo Alto Municipal Code.
SECTION 2. The Council adopts the findings for local amendments to the California Energy
Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. Under the authority granted by Public Resources Code Section 25402.1(h)(2), which
permits local California Energy Code amendments, and based on staff’s analysis of the “2019
Nonresidential New Construction Reach Code Cost Effectiveness Study” and “2019 Cost-
effectiveness Study: Low-Rise Residential New Construction” developed for the California
Energy Codes and Standards Program and attached to staff’s report to Council, the Council finds
the proposed local amendments to the 2019 California Energy Code that affect building energy
performance to be cost-effective and consume less energy than permitted by Title 24, Part 6.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be held invalid.
15
SECTION 5. The Council finds that this action is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), under Section 15308 of the CEQA Guidelines, because it is
a regulatory action for the protection of the environment, and under Section 15061(b)(3) on the
grounds that the proposed standards are more stringent than the State energy standards, there
are no reasonably foreseeable adverse environmental impacts and there is no possibility that
the activity in question may have a significant effect on the environment.
SECTION 6. This Ordinance shall be effective on the commencement of the thirty-first day after
the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
____________________________
Director of Administrative Services
16
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE, 2019 EDITION
Section 17958 of the California Health and Safety Code provides that the City may make
changes to the provisions in the uniform codes that are published in the California Building Standards
Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local
change to those provisions in the uniform codes and published in the California Building Standards Code
which regulate buildings used for human habitation, the City Council must make findings supporting its
determination that each such local change is reasonably necessary because of local climatic, geological,
or topographical conditions.
Regarding the Energy Code, local jurisdictions have the authority to adopt local energy
efficiency ordinances—or reach codes—that exceed the minimum standards defined by Title 24 (as
established by Public Resources Code Section 25402.1(h)2 and Section 10-106 of the Building Energy
Efficiency Standards, provided the City Council finds that the requirements of the proposed ordinance
are cost-effective and do not result in buildings consuming more energy than is permitted by Title 24.
Local building regulations having the effect of amending the uniform codes, which were
adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958,
17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes
which were adopted by the City Council prior to November 23, 1970, and have been carried through
from year to year without significant change, need no required findings. Also, amendments to
provisions not regulating buildings used for human habitation, including amendments made only for
administrative consistency, do not require findings.
Code: Cal Green
Section(s) Title Add Deleted Amended Justification (See
below for keys)
100.1 Definitions C & E
100.3 and 100.4 Local Energy Efficiency Reach
Code and Exceptions
C & E
110.10 Mandatory Requirements For
Solar Ready Buildings
C
140.0 Nonresidential Performance
and Prescriptive Compliance
Approaches
C & E
140.1 Performance Approach:
Energy Budgets
C & E
140.2 Prescriptive Approach C & E
150.0 Low-Rise Residential –
Mandatory Features and
Devices
C & E
150.1 Compliance Approaches for
Low-Rise Residential
Buildings
C & E
17
Key to Justification for Amendments to Title 24 of the California Code
of Regulations
C
This amendment is justified on the basis of a local climatic condition. The seasonal
climatic conditions during the late summer and fall create severe fire hazards to
the public health and welfare in the City. The hot, dry weather frequently results
in wild land fires on the brush covered slopes west of Interstate 280. The
aforementioned conditions combined with the geological characteristics of the
hills within the City create hazardous conditions for which departure from
California Energy Code is required. Failure to address and significantly reduce
greenhouse gas (GHG) emissions could result in rises in sea level, including in San
Francisco Bay, that could put at risk Palo Alto homes and businesses, public
facilities, and Highway 101 (Bayshore Freeway), particularly the mapped Flood
Hazard areas of the City. Energy efficiency is a key component in reducing GHG
emissions, and construction of more energy efficient buildings can help Palo Alto
reduce its share of the GHG emissions that contribute to climate change. The
burning of fossil fuels used in the generation of electric power and heating of
buildings contributes to climate change, which could result in rises in sea level,
including in San Francisco Bay, that could put at risk Palo Alto homes and
businesses 1 public facilities, and Highway 101. Due to decrease in annual rain fall,
Palo Alto experiences the effect of drought and water saving more than some
other communities in California.
E Energy efficiency enhances the public health and welfare by promoting the
environmental and economic health of the City through the design, construction,
maintenance, operation and deconstruction of buildings and sites by incorporating
green practices into all development. The provisions in this Chapter are designed
to achieve the following goals:
(a) Increase energy efficiency in buildings;
(b) Increase resource conservation;
(c) Provide durable buildings that are efficient and economical to own and
operate;
(d) Promote the health and productivity of residents, workers, and visitors to the
city;
(e) Recognize and conserve the energy embodied in existing buildings; and
(f) Reduce disturbance of natural ecosystems.
G
This amendment is justified on the basis of a local geological condition. The City
of Palo Alto is subject to earthquake hazard caused by its proximity to San
Andreas fault. This fault runs from Hollister, through the Santa Cruz Mountains,
epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco
Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate
location of the epicenter of the 1906 San Francisco earthquake. The other fault is
Hayward Fault. This fault is about 74 mi long, situated mainly along the western
base of the hills on the east side of San Francisco Bay. Both of these faults are
18
T
considered major Northern California earthquake faults which may experience
rupture at any time. Thus, because the City is within a seismic area which includes
these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish
criteria for repair of damaged properties following a local emergency.
The City of Palo Alto topography includes hillsides with narrow and winding access,
which makes timely response by fire suppression vehicles difficult. Palo Alto is
contiguous with the San Francisco Bay, resulting in a natural receptor for storm and
waste water run-off. Also the City of Palo Alto is located in an area that is
potentially susceptible to liquefaction during a major earthquake. The surface
condition consists mostly of stiff to dense sandy clay, which is highly plastic and
expansive in nature. The aforementioned conditions within the City create
hazardous conditions for which departure from California Building Standards Codes
is warranted.
6055290 AB
* NOT YET APPROVED *
Resolution No.__________
Resolution of the Council of the City of Palo Alto declaring the goal of
adopting an All-Electric Energy Reach Code Ordinance for New
Construction to become effective in January 2022
R E C I T A L S
A. In April 2016, the Palo Alto City Council adopted a Sustainability and Climate Action
Plan (S/CAP), which includes an ambitious Green House Gas (GHG) reduction goal of
80% from the 1990 level by 2030 – a goal which is 20 years ahead of the state’s goal of
80% reduction by 2050; and
B. Building electrification accounts for 43% of the GHG emissions reduction laid out in the
S/CAP strategies to achieve Palo Alto’s 80% by 2030 goal; and
C. A statewide study led by the California Codes and Standards Local Ordinance Team
found that all-electric single family and low-rise multifamily new construction projects
are cost effective; all-electric medium office buildings and medium retail buildings are
cost effective; and mixed-fuel office and retail buildings with up to a 14% compliance
margin are cost effective; and
D. The City of Palo Alto will work over the next two years to educate consumers and the
building industry to promote the accessibility and desirability of equipment necessary
for all-electric construction with the understanding that the City’s goal is for these
options to become mandatory in 2022;
The Council of the City of Palo Alto does hereby RESOLVE, as follows:
SECTION 1. The Council of the City of Palo Alto declares the goal of adopting an all-electric
energy reach code for new residential and non-residential buildings to become effective in
January 2022.
//
// //
//
// //
6055290 AB
SECTION 2. The Council finds that the adoption of this resolution declaring the goal
described above is not a project subject to California Environmental Quality Act (CEQA) review
because adoption of this resolution is an administrative government activity that will not result
in any direct or indirect physical change to the environment as a result (CEQA Guidelines
section 15378(b)(5)).
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
________________________________ ________________________________
City Clerk Mayor
________________________________ ________________________________
Assistant City Attorney City Manager
________________________________
Director of Planning and Development Services
________________________________
Director of Administrative Services
Title 24, Parts 6 and 11
Local Energy Efficiency Ordinances
2019 Cost-effectiveness Study:
Low-Rise Residential New Construction
Addendum – CPAU Analysis
Prepared for:
Kelly Cunningham
Codes and Standards Program
Pacific Gas and Electric Company
Prepared by:
Frontier Energy, Inc.
Misti Bruceri & Associates, LLC
Last Modified: April 5, 2019
LEGAL NOTICE
This report was prepared by Pacific Gas and Electric Company and funded by the California utility
customers under the auspices of the California Public Utilities Commission.
Copyright 2019, Pacific Gas and Electric Company. All rights reserved, except that this document may be used, copied, and distributed without modification.
Neither PG&E nor any of its employees makes any warranty, express or implied; or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any data, information, method, product, policy or process disclosed in this document; or represents that its use will not infringe any
privately-owned rights including, but not limited to, patents, trademarks or copyrights.
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
Table of Contents
1 Introduction ............................................................................................................................................. 1
2 Methodology and Assumptions............................................................................................................... 1
3 Results & Discussion ................................................................................................................................ 3
4 References ............................................................................................................................................... 6
Appendix A – Utility Tariff Details ................................................................................................................... 7
Appendix B –Detailed Results ........................................................................................................................ 11
List of Tables
Table 1: Utility Escalation Rates .................................................................................................................................2
Table 2: Summary of Target EDR Reductions .............................................................................................................4
Table 3: Single Family CPAU Climate Zone 4 Results Summary .................................................................................5
Table 4: Multifamily CPAU Climate Zone 4 Results Summary – Results Per Unit ......................................................5
Table 5: Efficiency Package Cost-Effectiveness Results ........................................................................................... 11
Table 6: Efficiency & PV-PV/Battery Package Cost-Effectiveness Results ............................................................... 11
List of Figures
No table of figures entries found.
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
1 2019-04-05
1 Introduction
This addendum presents results from analysis conducted in response to a request from City of Palo Alto Utilities
(CPAU) to more accurately reflect anticipated local energy costs. This report documents cost-effective
combinations of measures within CPAU territory that exceed the minimum state requirements, the 2019
Building Energy Efficiency Standards, which become effective January 1, 2020, for new single family and low-rise
(one- to three-story) multifamily residential construction. The analysis includes evaluation of both mixed fuel
and all-electric homes, documenting that the performance requirements can be met by either type of building
design. Compliance package options and cost-effectiveness analysis are presented for California Climate Zone 4
(Palo Alto). All proposed package options include a combination of efficiency measures and on-site renewable
energy.
This analysis builds upon the results of the Draft 2019 Cost-effectiveness Study: Low-Rise Residential (Statewide
Reach Codes Team, 2019) conducted for the California Statewide Codes and Standards Program and last
modified March 15, 2019, which evaluated compliance packages across all sixteen California climate zones.
2 Methodology and Assumptions
The same methodology used in the statewide analysis was applied to this analysis with two exceptions, as
described below.
1. CPAU E-1 (for electricity delivered to the customer from CPAU) and E-EEC-1 (for electricity received by
CPAU from the customer) electricity rate schedules were applied in place of PG&E electricity rate
schedules.
2. CPAU G-1 rate schedule was applied in place of PG&E gas rates. The monthly total gas rate in $/therm
was applied on a monthly basis for the 12-month period ending March 2019. Appendix A summarizes
the utility rate schedules used for this study.
3. Revised assumptions for escalation of utility fuel rates over the 30-year analysis period to reflect recent
General Rate Case filings in the near term and historical escalation rates for the long term. The
escalation rates are provided in Table 1 and were provided by Energy & Environmental Economics (E3) in
March 2019.
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
2 2019-04-05
Table 1: Utility Escalation Rates
Year
Natural
Gas Real
Escalation
(%/yr)
Electricity
Real
Escalation
(%/yr) Year
Natural
Gas Real
Escalation
(%/yr)
Electricity
Real
Escalation
(%/yr)
2021 2.0% 2.0% 2036 1.0% 1.0%
2022 2.0% 2.0% 2037 1.0% 1.0%
2023 4.0% 2.0% 2038 1.0% 1.0%
2024 4.0% 2.0% 2039 1.0% 1.0%
2025 4.0% 2.0% 2040 1.0% 1.0%
2026 1.0% 1.0% 2041 1.0% 1.0%
2027 1.0% 1.0% 2042 1.0% 1.0%
2028 1.0% 1.0% 2043 1.0% 1.0%
2029 1.0% 1.0% 2044 1.0% 1.0%
2030 1.0% 1.0% 2045 1.0% 1.0%
2031 1.0% 1.0% 2046 1.0% 1.0%
2032 1.0% 1.0% 2047 1.0% 1.0%
2033 1.0% 1.0% 2048 1.0% 1.0%
2034 1.0% 1.0% 2049 1.0% 1.0%
2035 1.0% 1.0% 2050 1.0% 1.0%
Refer to the Draft 2019 Cost-effectiveness Study: Low-Rise Residential (Statewide Reach Codes Team, 2019) for
further details. Key components of the methodology are repeated below.
Cost-effectiveness
This analysis uses two different metrics to assess cost-effectiveness. Both methodologies require estimating and
quantifying the incremental costs and energy savings associated with energy efficiency measures as compared
to the prescriptive Title 24 requirements. The main difference between the methodologies is the manner in
which they value energy and thus the cost savings of reduced or avoided energy use.
• Utility Bill Impacts (On-Bill): Customer-based Lifecycle Cost (LCC) approach that values energy based
upon estimated site energy usage and customer on-bill savings using electricity and natural gas utility
rate schedules over a 30-year duration accounting for discount rate and energy inflation.
• Time Dependent Valuation (TDV): Energy Commission LCC methodology, which is intended to capture
the “societal value or cost” of energy use including long-term projected costs such as the cost of
providing energy during peak periods of demand and other societal costs such as projected costs for
carbon emissions, as well as grid transmission and distribution impacts. This metric values energy use
differently depending on the fuel source (gas, electricity, and propane), time of day, and season.
Electricity used (or saved) during peak periods has a much higher value than electricity used (or saved)
during off-peak periods (Horii et al, 2014). This is the methodology used by the Energy Commission in
evaluating cost-effectiveness for efficiency measures in Title 24, Part 6.
Results for both methodologies are presented as a benefit-to-cost (B/C) ratio, which is a net present value (NPV)
metric which represents the cost-effectiveness of a measure over a 30-year lifetime. A value of one indicates the
NPV of the savings over the life of the measure is equivalent to the NPV of the lifetime incremental cost of that
measure. A value greater than one represents a positive return on investment.
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
3 2019-04-05
Package Development
Three to four packages were evaluated for each prototype, as described below.
1) Efficiency – Non-Preempted: This package uses only efficiency measures that don’t trigger federal
preemption issues including envelope, and water heating and duct distribution efficiency measures.
2) Efficiency – Equipment, Preempted: This package shows an alternative design that applies HVAC and
water heating equipment that are more efficient than federal standards.
3) Efficiency & PV: Using the Efficiency – Non-Preempted Package as a starting point, additional PV
capacity is added to offset most of the estimated electricity use. This only applies to the all-electric case,
since for the mixed fuel cases, 100% of the projected electricity use is already being offset in the
efficiency only packages as required by 2019 Title 24, Part 6.
4) Efficiency & PV/Battery: Using the Efficiency & PV Package as a starting point, additional PV capacity is
added as well as a battery system.
Electrification Scenarios
In comparing mixed fuel and all-electric cases, two scenarios were evaluated for each prototype:
1. 2019 Code Compliant: Compares a 2019 code compliant all-electric home with a 2019 code compliant
mixed fuel home.
2. Efficiency & PV Package: Compares an all-electric home with efficiency and PV sized to 90% of the
annual electricity use to a 2019 code compliant mixed fuel home. The first cost savings in the code
compliant all-electric house is invested in above code efficiency and PV reflective of the Efficiency & PV
packages described above.
3 Results & Discussion
The analysis found cost-effective, non-preempted packages for both single family and low-rise multifamily
buildings, under both mixed fuel and all-electric cases. The results of this analysis can be used by local
jurisdictions to support the adoption of reach codes.
For the efficiency-only packages, measures were refined to ensure that the non-preempted package was cost-
effective based on one of the two metrics applied in this study, TDV or On-Bill. The preempted equipment
package is what the Reach Code Team considers to be a package of upgrades most reflective of what builders
commonly apply to exceed code requirements. The packages presented are representative examples of designs
and measures that can be used to meet the requirements. In practice, a builder can use any combination of non-
preempted or preempted compliant measures to meet the requirements.
Table 2 summarizes the target EDR reductions by case. Table 3 and Table 4 present details of the analysis results
for single family and low-rise multifamily homes, respectively. Results are presented as EDR reduction instead of
compliance margin, as EDR is the metric used to determine code compliance for residential buildings in the 2019
cycle. Target EDR reduction is based on taking the calculated EDR reduction for the case and rounding down to
the next half of a whole number. Target EDR reduction for the Efficiency Package are defined based on the lower
of the EDR reduction of the non-preempted package and the equipment, preempted package. For example, for
single family homes the all-electric non-preempted package has an EDR reduction of 3.0 and the preempted
package an EDR reduction of 3.5, the Target EDR reduction is set at 3.0 in this case.
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
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Table 2: Summary of Target EDR Reductions
Cl
i
m
a
t
e
Zo
n
e
Mixed Fuel All-Electric
Efficiency Efficiency &
PV/Battery
Efficiency Efficiency & PV Efficiency &
PV/Battery
Single Family 2.5 10 3.0 17.0 28.5
Multifamily 1.0 11.0 1.5 15.0 29.5
All packages are cost effective based on the TDV approach. However, most packages are not cost effective using
the On-Bill approach, with the exception of the all-electric single family efficiency packages and the mixed fuel
single family Efficiency – Equipment Package. All electrification scenarios are cost effective under both
methodologies. An all-electric design reduces GHG emissions 46% for single family and 40% for multifamily
relative to a comparable mixed fuel design.
The CPAU E-1 rate is a tiered with no time-of-use impact and usage rates lower than PG&E rates1. Electricity
generation delivered to CPAU from the customer is compensated under the E-EEC-1 rate at $0.07485/kWh,
which differs from PG&E’s net energy metering tariff which values delivered electricity at the retail rate. The
CPAU G-1 rate has usage rates lower than PG&E rates, but there is a ~$11 monthly service charge. These
differences result in similar annual gas costs using both CPAU’s and PG&E’s tariffs.
Before taking into account the utility fuel escalation rates applied in this analysis, on-bill cost effectiveness using
CPAU’s rates is lower than with PG&E rates in Climate Zone 4 for both the mixed fuel and all-electric packages.
On-bill cost-effectiveness is more favorable using CPAU rates for the electrification scenarios. Changes in
escalation rates, which are on average higher for electricity and lower for natural gas than what was applied in
the draft statewide study, improves cost effectiveness for the all-electric packages and decreases it for the
mixed fuel packages and the electrification scenarios.
1 PG&E’s E-TOU Option B which was applied in the statewide study for Climate Zone 12 (Statewide Reach Codes
Team, 2019).
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
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Table 3: Single Family CPAU Climate Zone 4 Results Summary
Climate Zone 4
CPAU
Single Family EDR Red.
PV Size Change (kW)4
CO2-Equivalent Emissions (lb/sqft) Inc. Cost ($)
First Year Utility Savings
Benefit to Cost Ratio (B/C)
Total Red. Elec Gas On-Bill TDV
Mi
x
e
d
Fu
e
l
1 Efficiency-Non-Preempted 2.5 (0.0) 1.7 0.2 $1,451 $2 $46 0.8 1.2
Efficiency-Equipment 2.5 (0.0) 1.6 0.3 $716 $1 $56 1.9 2.7
Efficiency & PV/Battery 10.0 0.1 1.5 0.3 $4,608 $57 $46 0.5 1.6
Al
l
-
El
e
c
t
r
i
c
2 Efficiency-Non-Preempted 3.0 0.0 0.9 0.1 $1,417 $110 $0 1.7 1.9
Efficiency-Equipment 3.5 0.0 0.9 0.1 $1,996 $111 $0 1.2 1.4
Efficiency & PV 17.0 1.8 0.5 0.5 $8,251 $371 $0 1.0 1.6
Efficiency & PV/Battery 28.5 2.4 0.3 0.8 $13,289 $544 $0 0.9 1.7
Mi
x
e
d
F
u
e
l
to
A
l
l
-
El
e
c
t
r
i
c
3 Code Compliant 0.0 0.0 1.0 0.9 ($5,349) ($697) $487 1.2 1.5
Efficiency & PV 17.0 1.8 0.5 1.3 $3,431 ($326) $487 2.8 >1
Table 4: Multifamily CPAU Climate Zone 4 Results Summary – Results Per Unit
Climate Zone 4
CPAU Multifamily EDR Red.
PV Size Change Per Unit (kW)4
CO2-Equivalent Emissions (lb/sqft) Inc. Cost Per Unit ($)
First Year Utility Savings Per Unit
Benefit to Cost Ratio (B/C)
Total Red. Elec Gas On-Bill TDV
Mi
x
e
d
Fu
e
l
1 Efficiency-Non-Preempted 1.0 (0.1) 2.1 0.1 $306 $1 $7 0.6 1.2
Efficiency-Equipment 2.0 (0.1) 2.0 0.2 $471 $1 $14 0.7 1.4
Efficiency & PV/Battery 11.0 0.4 1.9 0.3 $2,012 $27 $7 0.4 1.8
Al
l
-
El
e
c
t
r
i
c
2 Efficiency-Non-Preempted 1.5 0.0 1.2 0.0 $336 $14 $0 0.9 1.6
Efficiency-Equipment 2.5 0.0 1.2 0.1 $753 $25 $0 0.7 1.2
Efficiency & PV 15.0 6.6 0.7 0.6 $2,940 $124 $0 0.9 1.8
Efficiency & PV/Battery 29.5 9.2 0.4 0.9 $5,530 $198 $0 0.8 1.9
Mi
x
e
d
F
u
e
l
to
A
l
l
-
El
e
c
t
r
i
c
3 Code Compliant 0.0 0.0 1.3 0.9 ($2,337) ($218) $262 >1 1.6
Efficiency & PV 15.0 6.6 0.7 1.4 $786 ($94) $262 7.8 >1
1All reductions and incremental costs relative to the mixed fuel code compliant home.
2All reductions and incremental costs relative to the all-electric code compliant home.
3All reductions and incremental costs relative to the mixed fuel code compliant home except the EDR reductions are relative to the Standard Design for each case which is the all-electric code compliant home.
4Positive values indicate an increase in PV capacity relative to the Standard Design.
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
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4 References
Statewide Reach Codes Team. 2019. Draft 2019 Cost-effectiveness Study: Low-Rise Residential. Prepared for
Pacific Gas and Electric Company. Prepared by Frontier Energy. March 2019.
http://localenergycodes.com/download/602/file_path/fieldList/2019%20ResNewCon%20Cost-Eff-PublicDraft
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
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Appendix A – Utility Tariff Details
Following are the CPAU electricity tariffs applied in this study.
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
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2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
9 2019-04-05
Following are the CPAU natural gas tariffs applied in this study. The CPAU monthly gas rate in $/therm was
applied on a monthly basis for the 12-month period ending January 2018.
2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
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2019 Energy Efficiency Ordinance Cost-effectiveness Study - CPAU
11 2019-04-05
Appendix B –Detailed Results
Table 5: Efficiency Package Cost-Effectiveness Results
Cl
i
m
a
t
e
Zo
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e
BASECASE Non-Preempted Equipment - Preempted
Fi
n
a
l
E
D
R
Ef
f
i
c
i
e
n
c
y
ED
R
CALGreen
Tier 1 EDR
Target
lbs CO2
per
sqft
PV
kW Fi
n
a
l
E
D
R
Ef
f
i
c
i
e
n
c
y
ED
R
ED
R
Re
d
.
%
C
o
m
p
Ma
r
g
i
n
lbs CO2
per
sqft
PV
kW
On-Bill
B/C
Ratio
TDV
B/C
Ratio Fi
n
a
l
E
D
R
Ef
f
i
c
i
e
n
c
y
ED
R
ED
R
Re
d
,
%
Co
m
p
Ma
r
g
i
n
lbs CO2
per
sqft
PV
kW
On-Bill
B/C
Ratio
TDV
B/C
Ratio
Mixed
Fuel SF 22.9 44.4 8 1.9 2.7 20.6 41.9 2.5 14.2% 1.7 2.7 0.8 1.2 20.3 41.8 2.6 15.1% 1.6 2.7 1.9 2.7
All-Electric
SF 31.6 53.2 12 1.0 2.7 28.2 49.8 3.4 15.7% 0.9 2.7 1.7 1.9 28.0 49.6 3.6 16.4% 0.9 2.7 1.2 1.4
Mixed
Fuel MF 25.4 56.4 8 2.2 13.6 24.3 55.1 1.3 7.6% 2.1 13.5 0.6 1.2 23.4 54.2 2.2 12.5% 2.0 13.5 0.7 1.4
All-Electric
MF 34.1 64.4 12 1.3 13.6 32.6 62.9 1.5 7.9% 1.2 13.6 0.9 1.6 31.6 61.9 2.5 12.9% 1.2 13.6 0.7 1.2
“>1” = indicates cases where there is both first cost savings and annual utility bill savings.
EDR Red. = EDR Reduction.
Table 6: Efficiency & PV-PV/Battery Package Cost-Effectiveness Results
Cl
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m
a
t
e
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e
BASECASE Efficiency & PV Efficiency & PV/Battery
Final
EDR
CALGreen
Tier 1
EDR
Target
PV
kW
lbs
CO2
per
sqft
Final
EDR
EDR
Red.
%
Comp
Margin
lbs
CO2
per
sqft
PV
kW
On-
Bill
B/C
Ratio
TDV
B/C
Ratio
Final
EDR
EDR
Red.
%
Comp
Margin
lbs
CO2
per
sqft
PV
kW
On-
Bill
B/C
Ratio
TDV
B/C
Ratio
Mixed
Fuel SF 22.9 8 1.9 2.7 n/a n/a n/a n/a n/a n/a n/a 12.8 10.1 25.2% 1.5 2.8 0.5 1.6
All-Electric
SF 31.6 12 1.0 2.7 14.4 17.2 15.7% 0.5 4.5 1.0 1.6 2.9 28.7 26.7% 0.3 5.15 0.9 1.7
Mixed
Fuel MF 25.4 8 2.2 13.6 n/a n/a n/a n/a n/a n/a n/a 14.3 11.1 14.6% 1.9 13.9 0.4 1.8
All-Electric
MF 34.1 12 1.3 13.6 18.8 15.3 7.9% 0.7 20.2 0.9 1.8 4.5 29.6 14.9% 0.4 22.8 0.8 1.9
“>1” = indicates cases where there is both first cost savings and annual utility bill savings.
EDR Red. = EDR Reduction.
Many factors affect the scale of the emissions reduction a Reach Code
creates. All-electric codes that do not improve the efficiency of the
building stock, or highly energy efficient codes that still allow a large amount of natural gas, will yield a smaller emissions reductions. The
total reduction also depends on how the Reach Code impacts the
existing building stock.
CITY OF PALO ALTO ENERGY REACH CODE
2019 ENERGY REACH CODE ORDINANCE REQUIRMENTS
Palo Alto is interested in an Energy Reach Code that allows the Palo Alto community to design, build, and
operate a new generation of efficient, environmentally responsible, and healthy buildings.
Challenges with adopting an all-electric mandate effective in 2020:
•Lack of awareness of efficient electric alternatives to space and water heating, passion for gas cooktops and
gas fireplaces
•Limited equipment options for heat pump radiant floor
heating; many contractors are unfamiliar with these systems
•Central heat pump space and water heating systems in large nonresidential buildings are not currently modeled
in the energy compliance software; until the software can model these systems, all-electric mandate will need
exceptions
New One & Two Family, and Low-Rise
Multi-Family Residential (≤ 3 stories)
New Office/Retail Buildings New Hotel/Motel/ High-Rise Multi-
Family (≥ 4 Stories )
Mi
x
e
d
-Fu
e
l
Total EDR1 reduction of >10 points less
than standard design
Pre-wired for future electrification of
water, heating, space heating, cooking
and clothes drying
Requires proposed design to be 12%
more efficient than standard design2
Pre-wired for future electrification of
water heating, space heating, cooking
and clothes drying
Requires proposed design to be 5%
more efficient than standard design3
Pre-wired for future electrification of
water heating, space heating, cooking
and clothes drying
All-
Electric
No additional efficiency required
Clean Home Rebate Option
No additional efficiency required No additional efficiency required
1.EDR -Energy Design Rating, a metric for energy performance measured from 0 to 100, where 0 is a zero-net energy building2.Proposed project must achieve minimum TDV compliance margin of at least 12%for Office/Retail buildings
3.Proposed project must achieve minimum TDV compliance margin of at least 5%for Hotels/Motels/High-Rise Multi-Family buildingsThe Compliance Metric for non-residential energy code is Time Dependent Valuation (TDV). TDV Compliance Margin represents the
percentage of energy savings compared to the base code
Utility Incentive Programs
1.Clean Home Rebate Program incentivizes all-electric residential new construction projects to exceed base code efficiency
2.Expand rebates for electrification of gas appliances in existing homesCurrently for Heat Pump Water Heaters (HPWH):
a.$1,200-$1,500: Replacing an existing gas water heater b.$500: Replacing an existing electric water heater
c.$600-$800: HPWH installation with remodel or new construction3.Resources available through CPAU Electrification webpage
4.Customer Outreach Campaign to promote all-electric home
Proposal Based on Reach Cost-Effectiveness Analysis
•Statewide & Palo Alto Studies
•Analyzed energy efficiency measures, including building electrification, that are more stringent than the
upcoming California Energy Code.
Base Code
EE
Moderate
Cost EE
Upper
Bound
Cost EE
Above
Cost EE
PA
S J (NR)
MP
Berk
S J (R )
Em
i
s
s
i
o
n
s
R
e
d
u
c
t
i
o
n
Energy Efficiency
Emissions Reduction from Reach Code
PA
All Electric
Hybrid
Mixed Fuel
Elect
r
i
f
i
c
a
t
i
o
n
Larger Reduction in Emissions with Higher %
of Buildings Impacted
Destination: Low Carbon Future
•Mandate All-electric
o Low-rise residential new construction
o Small to medium office/retail
•Increase & Incentivize Existing Building
Efficiency
•Pre-wiring for Electrification
•All Electric or High Energy Efficiency New Construction
•Reach Requirements for Existing Buildings
•Clean Home Rebate & Customer Education
NO
W
BY
2
0
2
2
EE –Enhanced EfficiencyBerk -Berkeley
SJ (R ) (NR) –San Jose Residential, Non Res. Respectively
MP –Menlo ParkPA –Palo Alto Current
PA –Palo Alto Future
1
Proposed 2019 Palo Alto Energy Reach Code
October 2, 2019
2
Significance of Building Electrification
What is an Energy Reach Code?
History of Palo Alto Reach Code
2019 Reach Code Development Process
Options for Reach Code
Proposed Utility Incentive Programs and Marketing Initiatives
Seek UAC Input on:
Policy Options for Energy Reach Code
Proposed Utility Incentives Programs and Marketing Initiatives
Agenda
3
Palo Alto Sustainability and Climate Action Plan
Achieve 80% reduction in Greenhouse Gas below 1990 levels by 2030
Zero Waste
4%
Encourage all-
electric new
buildings
5%
Electrify water
heating, space
heating &
cooking in
existing
businesses
22%
Electrify water
heating &
space heating
in existing
homes
16%
Electrify Palo
Alto-based &
in-bound
vehicles
25%
Increase zero-
impact
housing
1%
Create right
financial
incentives for
mobility
12%
Expand non-
auto mobility
options
15% Among the S/CAP
emission reduction
strategies, building
electrification
accounts for 43% of
the GHG emissions
by 2030.
4
Building Electrification as a key S/CAP strategy
Sustainability Implementation Plan
Focus Areas
•Achieve cost effective energy efficiency savings through voluntary programs
•Increase efficiency of new and existing building stock beyond state’s
standards and support building electrification through Palo Alto’s energy
reach code
•Encourage voluntary electrification of natural gas appliances
5
What is the Energy Reach Code?
5
•The California Building Energy Standards are
updated every three years. Next code will be
effective 1/1/2020.
•Local codes may voluntarily “reach” beyond
baseline requirements
•Reach Code Criteria
•More stringent than state requirements
(use less energy)
•Cost effective (economically justified)
•Must not preempt federal appliance
efficiency standards
6
History of Palo Alto Energy Ordinances
6
•Palo Alto adopted its first Energy Reach Code in 2008
•Increased stringency over state requirements for the last 3 code cycles (2010,
2013, 2016)
•Green Building Advisory Group provides directions on the development green
building and energy reach code
Green Building
Professionals
Energy
Modelers
Developers
City Staff Engineers
Architects
Contractors
Green Building
Advisory Group
7
A Green, Sust ainable Built
En vironment in Palo Alt o
2016 CODE CYCLE LANDSCAPING
Pa lo Alt o Green Building Ordinance
CHALLENGES &
LIMITATIONS
•Lower trigger for landscape projects below BAWSKA requirement•Yes to permit to allow enforcement, final building w/o landscape install•Study rainwater capture options
En ergy
Co nser vat ion
M inimize
Em issions
Green Building Vision
Design excellence
Innovation in constructionCreative approaches to development
Inter ior Air
Qualit y
Water
Conser vat ion
M inimize
Wast e
How to enforce?
CostFlexibility
Functionality
Buildabilit y
Cooperat ion with ut ilities companies
MATERIALS& WASTE•Lower construction/demo recycling requirement to 80%•Increase diversion•Limit to approved facilities
Self-reliant buildings that contribute...
More energy than used Clean water Healthy places to live, work & playINDOORAIR QUALITY
•IAQ management plan mandatory during Tier 2 construction
ZERO NET ENERGYTARGETS•Keep state TDV•Each home has budget= 1000 sq ft home•Everything above must be offset with renewable energy sources.
SOLAR MANDATE•All non-residential buildings will have to produce x% of energy from onsite solar or additional savings
WATER EFFICIENCY•Explore grey watersystems for residential•Require grey water reusefor non-residential buildings•Water budget required fornew commercial buildings and single/multifamily homes
Raising t he bar for green buildings...higher t han the rest !
Fall, 2015
meet today’s needs without compromising the needs of future generations M aterials
Co nser vat ion
GOALS
8
2016 Energy Reach Code
8
¹ “PV credit” may be applied to meeting the minimum T24 Energy Code. Therefore, a higher percentage reduction is
required for single-family and multi-family with PV panels.
2 Less than 5 kW PV system is not considered
New Single-Family
Residential
New Multi-family
Residential
New Commercial
Mixed-Fuel
Project
Without PV
Solar Panels
10% More efficient
than Base Code
10% More efficient than
Base Code
10% More efficient than
Base Code
Mixed-Fuel
Project
With PV Solar
Panels
20% More efficient
than Base Code¹
12% More efficient than
Base Code¹
Comply with minimum
Base Code +
Install a 5 kW or larger
PV system2
All-Electric
Exempted from Reach
Code
Exempted from Reach
Code
Exempted from Reach
Code
9
Policy Goals of 2019 Energy Reach Code
9
Energy
Efficiency
Zero
Emissions
10
2019 Reach Code Development Process
Green
Bldg.
Summit
Feb
2018
May–Dec
2018
Jul–Sep
2019
Nov
2019
Nov-Dec
2019
Jan
2020
GB TAC
Mtgs.
Public
Engagement
Mtgs.
Bring
Reach
Code to
Council
Target
Effective
Date
Submit
Reach
Code for
Approval
by CEC
Develop
the Reach
Code
Ordinance
Mar–Sep
2019
Statewide
Cost
Effectiveness
Study
Feb–Jul
2019
10
11
Policy Options for Reach Code
11
Prohibits natural gas infrastructure in new buildings (alternative legal basis)
Building systems not currently modeled for all-electric design by CEC are exempted
Internal ADUs are exempted
Exemption allowed for cases where the use of natural gas to serve public interest is
demonstrated
Requires new residential buildings (3 stories or less) to be electrically heated
or all-electric. Natural gas allowed for stoves, fireplaces, or other appliances.
Requires new nonresidential buildings to be all-electric
Exception #1: Life science building may use natural gas for space heating if electric heating is not
cost effective and feasible
Exception #2: Public agency owned and operated emergency operations centers may use natural
gas if electric heating is not cost effective and feasible
Exception #2: Nonresidential kitchens may appeal to use natural gas stoves
No reach code requirements for all-electric new buildings. Mixed-fuel new
buildings that use gas need to meet higher efficiency requirements, larger
PV system, battery storage and be all-electric ready.
12
Utility Incentive Programs Being Considered
1. Clean Home Rebate Program to incentivize all-electric residential new
construction projects to exceed base code efficiency standard
2. Expand rebate offering for electrification in existing homes
Heat Pump Water Heater
Air Source Heat Pump
Induction Cooktop
Energy Star Electric Clothes Dryer
EV charger installation with electric panel upgrade
12
13 13
Utility Initiatives to support Building Electrification
CPAU to offer Home Electrification Readiness Assessment service in Q4, 2019
Community outreach through workshops and social media campaign
Online resources available through CPAU Electrification webpage
www.cityofpaloalto.org/electrification
14
Budget Impact of Potential New Utility Programs
14
Projections of rebate uptake year 1 year 2 year 3 Rebate
All-Electric SF new construction 35 45 50 $2,000
All-Electric MF new construction 8 8 8 $1,000
SF: mixed-fuel to all-electric conversion 15 30 50 $6,000
Total Rebate amount $168,000 $278,000 $408,000 $854,000
Staffing (FTE) 0.75 0.75 0.75
Estimated Marketing Budget $100,000 $25,000 $25,000 $150,000
15
Seek UAC Input on:
Policy Options for Energy Reach Code
Proposed Utility Incentives Programs & Marketing Initiatives
Questions & Feedback
16
Stakeholder Feedback
16
Could settle for Menlo Park
approach that targets
building components that
have the largest
environmental impact
It’s unclear
whether
electric heat
pump system
can work with
radiant heating
Reach code places an
unfair burden on new
construction without
addressing larger
operational impacts of
older homes
Ideal is no new
gas hook up
and all electric
Tiered rate structure
disincentivizes
electrification. An all-
electric rate is a must
City should
stop new gas
connections to
avoid stranded
assets
Electric and affordable buildings –critical pillar to meet our
climate, health and equity goals
Bruce Nilles, RMI
October 10, 2019
2
Carbon pollution sources in the US are now Oil #1, Gas #2, Coal #3
This year coal will be down 50% since 2008, oil and gas both increased.
0
500
1,000
1,500
2,000
2,500
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Coal Natural Gas Petroleum and other liquids
Source: EIA, 2019
U.S. energy-related carbon dioxide emissions by fuel
Million metrics tons CO2
3
Gas is burned in largely equal amounts to make electricity, in industrial applications
and in our buildings.
Source: EIA
These 3 end uses represent 91% of natural gas consumption
9,183
7,949 7,576
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
Power Generation Industry Buildings
Natural Gas Consumption by Sector
U.S., Bcf, 2017
4
70 million buildings in U.S. burn gas, oil or propane, but significant variability
West North CentralPacific
Mountain
East North Central
South Atlantic
Mid-Atlantic
New England
East South Central
West South Central
Primary Heating Fuel of U.S. Residences
2015
Source: EIA RECS 2015
Primary Heating Fuel of Residences by Census Division
2015
Natural gas Electricity Other
5
0 100 200 300 400 500 600 700 800
Minnesota
Massachusetts
Texas
Pennsylvania
New Jersey
Ohio
Michigan
Illinois
California
New York 743
668
593
462
416
372
365
329
231
224
Natural Gas Delivery by State
2017, Bcf
Residential Commercial
Source: EIA
Ten states account for 58% of building natural gas use in 2017
“Natural Gas” is Methane
8
Burning of gas, oil and propane in our buildings is also a big part of our
outdoor smog problem
GrowthEarly Stage Mature
Children living in a home with a gas stove are 42%
more likely to have asthma.
https://www.arb.ca.gov/research/indoor/cookingstudy.pdf
California Air Board: Residential Cooking Exposure
Study Finds Unhealthful Levels
Making a fried chicken dinner produced
average indoor nitrogen dioxide levels of
up to
EPA’s health-based air quality standard is
.
11
SUMMARY: “Natural Gas” Has At Least Three Challenges
•Climate
•Health
•Community Safety
12
The most common uses of natural gas in buildings are for space and water heating,
clothes drying, and cooking
Space
heating
Cooking Fireplace Clothes drying BBQ / Grill Water heating Pool or hot tub
$6,000-$15,000/home
Every $1,000 increase
in house price prevents
9,897 California families
from affording
-NAHB, 2019
Gas Infrastructure
Costs –pipe to
building, venting,
and indoor pipes:
July 16, 2019 –Berkeley becomes first city in US to ban
gas in new buildings
16
Generated significant national interest
Seven California cities followed suit with similar ban-style policies,
including San Jose, 10th largest US city
•The burning of fossil fuels –primarily natural gas –in our buildings is a
significant public health and climate threat. All-electric buildings offer
significant health benefits for residents.
•The solutions to electrify buildings exist today, and are cost-effective for new
construction, and increasingly so for retrofits of existing buildings. Programs to
help renters and low-income home owners are critical.
•First important step is to address new buildings, so we are not making the
problem worse, as we design smart and inclusive programs to electrify existing
buildings.
•Cities and states have a huge opportunity to lead on this issue, and to make
sure it is done equitably and expeditiously.
Conclusions
19
The ten states where we have been adding
the most new gas customers from 2013 to 2017
Source: EIA
New Natural Gas Customers, 2013-2017
Residential and Commercial Sectors, thousands of customers
75
78
79
90
96
101
106
123
218
252
Washington
Pennsylvania
Illinois
Colorado
Michigan
North Carolina
New Jersey
New York
Texas
California
21
The electric alternatives are available today and they are better.
Induction cooking
Air or ground source heat
pumps
Heat
pump
hot water
City of Palo Alto (ID # 10792)
City Council Staff Report
Report Type: Action Items Meeting Date: 11/4/2019
City of Palo Alto Page 1
Council Priority: Fiscal Sustainability
Summary Title: Potential Ballot Measure Polling/Outreach, Contract,
Solicitation Exemption and Budget Amendment
Title: Consideration of a Revenue Generating Ballot Measure Including
Review and Approval of Stakeholder Outreach and Initial Polling Framework;
Approval of an Exemption to Competitive Solicitation Requirements for
Selection of Polling Consultant, Fairbank, Maslin, Maullin, Metz & Associates;
Approval of an Exemption to Competitive Solicitation Requirements for
Contract No. C20177157 with Terris Barnes Walters Boigon Heath Inc., d/b/a
TBWB Strategies for Stakeholder Outreach and Authorization for the City
Manager or Designee to Enter into this Contract with TBWB Strategies; and
Approval of Budget Amendment in the General Fund
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff and Finance Committee recommend that the City Council:
1) Consider a Revenue Generating Ballot Measure Including Review and approval of the
stakeholder outreach and initial polling framework as outlined in the Finance Committee
report (CMR 10743) and direct staff to begin stakeholder outreach and conduct initial
polling for a potential ballot measure; and
2) Approve by Council action, per PAMC 2.30.330, an exemption from competitive solicitation
requirements for the selected consultant, Fairbank, Maslin, Maullin, Metz & Associates, to
conduct public opinion research on the potential ballot measure, described below from the
competitive solicitation requirements of the Palo Alto Municipal Code (PAMC); and
3) Approve by Council action, per PAMC 2.30.330, an exemption from competitive solicitation
requirements, and approve and authorize the City Manager or his designee to execute
professional services contract, Contract No. C20177157 (Attachment A), in an amount not
to exceed $94,125 with Terris Barnes Walters Boigon Heath Inc., d/b/a TBWB Strategies, to
provide community outreach services related to the potential revenue generating ballot
City of Palo Alto Page 2
measure for a one-year term ending October 31, 2020, in the amount of $89,125 with a
$5,000 contingency for a total not-to-exceed amount of $94,125; and
4) Amend the Fiscal Year 2020 Budget Appropriation Ordinance for the General Fund by:
a) Increasing the Administrative Services Department appropriation by $179,125; and
b) Decreasing the General Fund Budget Stabilization Reserve by $179,125.
Background
As part the 2019 Fiscal Sustainability City Council Priority, the Finance Committee has served as
the working body throughout development process for a potential revenue measure, including
reviewing revenue ballot measure options; reviewing staff, consultant, and stakeholder
feedback; and forwarding the Committee’s recommendations to Council for review and
direction. Throughout this iterative process, several relevant reports were presented to the
Committee and Council and are linked below:
▪ 2019 Fiscal Sustainability Workplan, 4/22/19, CMR 10267
▪ City Council Approve Workplan for a Potential Revenue Generated Ballot Measure,
4/22/19, CMR 10261
▪ Finance Committee Review, Comment, and Accept Preliminary Revenue Estimates for
Consideration of a Ballot Measure, 6/18/19, CMR 10392
▪ Finance Committee Evaluation and Discussion of Potential Revenue Generating Ballot
Measures, 8/20/19, CMR 10445
▪ City Council Evaluation and Discussion of Potential Revenue Generating Ballot Measures
and Budget Amendment, 9/16/19, CMR 10615
▪ Finance Committee Approve Revised Workplan to Address the City Council Direction for
Further Consideration of a Ballot Measure, 10/1/19, CMR 10712
▪ Finance Committee Consideration of a Revenue Generating Ballot Measure and
Potential Recommendation to City Council to Approve Framework and Direct Staff to
Proceed with Stakeholder Outreach and Initial Polling, 10/15/19, CMR 10743
Discussion
At the October 1, 2019 the Finance Committee reviewed and approved the revised workplan
timeline (as outlined in CMR 10712) and provided input to staff detailing general guidelines and
a proposed framework on how to proceed with polling and outreach efforts. The framework for
polling and outreach was confirmed by the Finance Committee in the October 15, 2019
meeting. Summarized below is the polling and outreach framework the Committee
recommends that Council approve. More detailed information can be found in the staff report
to the Committee (CMR 10743).
Both polling and stakeholder outreach efforts are recommended to be facilitated by
consultants that are familiar with the community, economic, and political landscape of the City.
City of Palo Alto Page 3
Polling
The City has contracted with Fairbank, Maslin, Maullin, Metz & Associates (“FM3”) to conduct
public opinion research on the potential ballot measure. It is recommended that two rounds of
polling be completed. FM3 will conduct an initial poll to ascertain public opinion towards a
revenue ballot measure. The initial poll should begin with the same methodology used in the
2016 Funding Transportation Improvements Citywide Voter Survey (CMR 7118). A second,
more refined survey will be conducted (expected to be completed in 2020) that is based on
more fully developed model measures, using analysis and data collected from the initial poll.
Staff will return to the Committee and/or City Council prior to the recommended second round.
The total not-to-exceed amount of this contract is $85,000 and is within the Chief Procurement
Officer’s contract award authority per PAMC 2.30.200. However, this contract requires Council
authorization for an exemption from PAMC competitive solicitation requirements. Professional
services contracts not exceeding $85,000 shall be solicited by informal request for proposals in
accordance with PAMC 2.30.400. FM3 was not selected through an informal competitive
solicitation process. Professional services contracts may be exempted from competitive
solicitation requirements “by Council action” under PAMC 2.30.330. To move forward with
polling efforts within the timeline outlined in the revised workplan with a firm that has
extensive experience with the City of Palo Alto, staff recommends that Council exempt the
contract with FM3 from competitive solicitation requirements “by Council action” pursuant to
PAMC 2.30.330.
Stakeholder Outreach
Terris Barnes Walters Boigon Heath Inc., d/b/a TBWB Strategies (“TBWB Strategies”) has
worked with the City in a variety of outreach efforts; most recently on business sentiment and
reaction to transportation tax concepts in 2016 and City infrastructure needs and a potential
ballot measure in 2013. The proposed professional services agreement with TBWB Strategies
was negotiated without engaging in the competitive solicitation process. Professional services
contracts exceeding $85,000 shall be solicited by formal request for proposals in accordance
with PAMC 2.30.400. Professional services contracts may be exempted from competitive
solicitation requirements “by Council action” under PAMC 2.30.330. To move forward with
stakeholder outreach efforts and the timeline outlined in the revised workplan for
consideration of a ballot measure, staff recommends that Council exempt this contract from
competitive solicitation requirements “by Council action” pursuant to PAMC 2.30.330, and
authorize the City Manager or his designee to execute the professional services agreement with
TBWB Strategies (Attachment A).
Outreach will occur with the goal of establishing an iterative approach where multiple
touchpoints will be included throughout the development and refinement of a potential ballot
measure. Stakeholders include but are not limited to the business community as well as the
community at large. The actual questions and selection of groups and focus will be developed
by the consultant and staff.
City of Palo Alto Page 4
Resource Impact
Consulting services for polling and stakeholder outreach under the two contracts detailed
above total $179,125. Funding for these services is not currently budgeted in Fiscal Year 2020,
therefore, staff recommends the approval of a $179,125 General Fund appropriation increase
in the Administrative Services Department, offset by a reduction in the Budget Stabilization
Reserve (“BSR”), to fund both the polling contract with FM3 and the stakeholder outreach
contract with TBWB Strategies. It is expected that the BSR will remain at or above the target
level of 18.5 percent of Fiscal Year 2020 General Fund expenses.
Policy Implications
This recommendation aligns with existing City policy and City Council direction as part of the
2019 Fiscal Sustainability Workplan.
Environmental Review
This report is not a project for the purposes of the California Environmental Quality Act (CEQA).
Environmental review is not required.
Attachments:
• ATTACHMENT A: C20177157 Terris Barnes Walters Boigon Heath, INC. Contract
Professional Services
Rev. April 27, 2018
1
CITY OF PALO ALTO CONTRACT NO. C20177157
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (this “Agreement”) is entered into as of
the 4th day of November, 2019, by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and TERRIS BARNES WALTERS BOIGON
HEATH, INC., DBA TBWB STRATEGIES, a California corporation, located at 400
Montgomery Street, 7th Floor, San Francisco, California, 94104 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to conduct outreach services (“Project”) and desires to engage a consultant
to provide services in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit “A”, attached to and made a part of this
Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
in this Agreement, the parties agree as follows:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY, in accordance with
the requirements of the Scope of Services as described in Exhibit “A”.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through October 31, 2020
unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term
of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and
made a part of this Agreement. Any Services for which times for performance are not specified
in this Agreement shall be commenced and completed by CONSULTANT in a reasonably
DocuSign Envelope ID: 30C0042E-2D4C-4284-83CC-B6FC9FFC7D84 ATTACHMENT A
Professional Services
Rev. April 27, 2018
2
prompt and timely manner based upon the circumstances and direction communicated to the
CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall
not preclude recovery of damages for delay if the extension is required due to the fault of
CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A” (also referred to
herein as the “Basic Services”), and any reimbursable expenses specified in Exhibit “C”, shall
not exceed Eighty Nine Thousand One Hundred Twenty Five Dollars ($89,125), as detailed in
Exhibit “C”. CONSULTANT agrees to complete all Basic Services, including any specified
reimbursable expenses, within this amount. In the event Additional Services (as defined below)
are authorized, the total compensation for Basic Services, Additional Services and any specified
reimbursable expenses shall not exceed Ninety Four Thousand One Hundred Twenty Five
Dollars ($94,125), as detailed in Exhibit “C”. The applicable schedule of rates of payment for
Additional Services (if authorized by CITY), is set out at Exhibit “C-1” entitled “SCHEDULE
OF RATES.” Any work performed or expenses incurred for which payment would result in a
total exceeding the maximum compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions
of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. “Additional Services” shall mean
any work that is determined by CITY to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services described at Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly
rates, and reimbursable expenses), based upon Exhibit “C” or, as applicable, the
CONSULTANT’s billing rates as set forth in Exhibit “C-1” with regard to Additional Services,
if any. If applicable, the invoice shall also describe the percentage of completion of each task.
The information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s Project Manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT
represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience
to perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all
licenses, permits, qualifications, insurance and approvals of whatever nature that are legally
required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or
DocuSign Envelope ID: 30C0042E-2D4C-4284-83CC-B6FC9FFC7D84
Professional Services
Rev. April 27, 2018
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similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections
such errors and omissions, any change order markup costs, or costs arising from delay caused by
the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent
(10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to
CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act
as and be an independent contractor and not an agent or employee of CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT’s obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be performed under this
Agreement without the prior written authorization of the city manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Charles Heath,
email cheath@tbwb.com, as the CONSULTANT’S Project Manager to have supervisory
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Professional Services
Rev. April 27, 2018
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responsibility for the performance, progress, and execution of the Services to represent
CONSULTANT during the day-to-day work on the Project. If circumstances cause the
substitution of the CONSULTANT’s Project Manager, project coordinator, or any other of
CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager
and the assignment of any key new or replacement personnel will be subject to the prior written
approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly
remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable
manner, are uncooperative, or present a threat to the adequate or timely completion of the Project
or a threat to the safety of persons or property.
CITY’s Project Manager is Christine Paras, Administrative Services Department, Administration
Division, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone:(650) 329-2486. The CITY’s
Project Manager will be CONSULTANT’s point of contact with respect to performance,
progress and execution of the Services. CITY may designate an alternate Project Manager from
time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the
prior written approval of the City Manager or designee. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
including all costs and expenses of whatever nature including attorneys fees, experts fees, court
costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to
performance or nonperformance by CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
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to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in
Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement
naming CITY as an additional insured under any general liability or automobile policy or
policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming
CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or materially reduced in coverage or limits, by the
insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of
the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY’s Chief
Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
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SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior
written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will
immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, 25, and 27.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
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SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant”
as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person’s race, skin color, gender,
gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy,
genetic information or condition, housing status, marital status, familial status, weight or height
of such person. CONSULTANT acknowledges that it has read and understands the provisions of
Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements
and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510
pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Department,
incorporated by reference and may be amended from time to time. CONSULTANT shall comply
with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second,
reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall
comply with the following zero waste requirements:
(a) All printed materials provided by CCONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes,
invoices, reports, and public education materials, shall be double-sided and
printed on a minimum of 30% or greater post-consumer content paper, unless
otherwise approved by CITY’s Project Manager. Any submitted materials printed
by a professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Division’s office.
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(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide
documentation from the facility accepting the pallets to verify that pallets are not
being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter
4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay
such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In
addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance
in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the
City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this Agreement are no longer available.
This section shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS
26.1 This Project is not subject to prevailing wages. CONSULTANT is not
required to pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7 if the contract is not a public works contract, if the contract does not
include a public works construction project of more than $25,000, or the contract does not
include a public works alteration, demolition, repair, or maintenance (collectively,
‘improvement’) project of more than $15,000.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1 This Agreement will be governed by California law, without regard to its
conflict of law provisions.
27.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
27.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value
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of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
27.4 This Agreement, including all exhibits, constitutes the entire and
integrated agreement between the parties with respect to the subject matter of this Agreement,
and supersedes all prior agreements, negotiations, representations, statements and undertakings,
either oral or written. This Agreement may be amended only by a written instrument, which is
signed by the authorized representatives of the parties and approved as required under Palo Alto
Municipal Code.
27.5. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and
consultants of the parties.
27.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
27.7 All exhibits referred to in this Agreement and any exhibits, addenda,
appendices, attachments, and schedules to this Agreement referred to herein (collectively,
“exhibits”) are, by such reference, incorporated into this Agreement in full and deemed a part of
this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case
of any conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits
shall control.
27.9 If, pursuant to this Agreement with CONSULTANT, CITY shares with
CONSULTANT any personal information as defined in California Civil Code section
1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall
maintain reasonable and appropriate security procedures to protect that Personal Information,
and shall inform City immediately upon learning that there has been a breach in the security of
the system or in the security of the Personal Information. CONSULTANT shall not use Personal
Information for direct marketing purposes without City’s express written consent. The provisions
of this paragraph shall survive the termination or expiration of this Agreement.
27.10 CONSULTANT understands and agrees that, in connection with this
Agreement, the CONSULTANT may have access to proprietary and/or confidential information
which may be owned or controlled by the CITY, the disclosure of which to third parties may be
damaging to the CITY, its employees or customers/residents. CONSULTANT also understands
and agrees that the disclosure of such information may violate state and/or federal law and may
subject the CONSULTANT to civil liability. Consequently, CONSULTANT agrees that all
information disclosed by the CITY to the CONSULTANT shall only be used in the performance
of this Agreement, unless disclosure is required by law or court order. CONSULTANT shall
exercise the same standard of care to protect such information as is used to protect its own
proprietary and/or confidential information and in no case less than a reasonable standard of
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care. The provisions of this paragraph shall survive the termination or expiration of this
Agreement.
27.11 The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
27.12 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
27.13 This Agreement may be signed in multiple counterparts, which, when
executed by all the parties, shall together constitute a single binding agreement.
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CONTRACT NO. C20177157 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement effective as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
TERRIS BARNES WALTERS BOIGON
HEATH, INC., DBA TBWB
STRATEGIES
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Exhibits:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS
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Charles Heath
Chief Financial Officer
David Tick
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EXHIBIT “A”
SCOPE OF SERVICES
Pursuant to this Agreement, CONSULTANT shall provide the following Services and
deliverables:
Task 1: Feasibility Assessment
CONSULTANT will collaborate with CITY and CITY's public opinion research consultant to
develop concepts and messages to be tested in various public outreach efforts. In partnership
with the CITY’s opinion research consultant, CONSULTANT will assist in the development of
an analysis, set of conclusions, and recommendations to the CITY.
Deliverables:
1) Develop potential Revenue Measure strategies to meet CITY’s funding needs to be
tested in polling;
2) Collaborate with CITY’s opinion research consultant to design, conduct and analyze
an opinion survey of voters within CITY’s jurisdiction to assess the electoral
feasibility of a Revenue Measure;
3) Conduct a demographic analysis of voters within CITY’s jurisdiction and how they
break into key sub-groups by age, ethnicity, political party, length of residency, and
other key criteria;
4) Analyze past election results in the jurisdiction and region to understand voter turnout
trends and other relevant voting patterns;
5) Research other local tax proposals that may be heading to an upcoming ballot that
could compete with CITY’s Revenue Measure;
6) Make a specific recommendation regarding type of revenue measure to pursue,
optimal election date, tax rate, tax structure and other important Revenue Measure
features; and
7) Present recommendations, timelines and work plans to City Council, committees and
commissions.
Task 2: Public Information and Outreach
CONSULTANT will develop strategies and recommended interactive communication vehicles
to facilitate community dialogue.
Deliverables:
1) Develop strategies and plans to inform and engage influential stakeholder groups
including elected leaders, business leaders business organizations, large property
owners, taxpayer groups and others;
2) Develop informational fact sheets and other messaging collateral as needed to support
outreach efforts;
3) Provide talking points, answers to frequently asked questions and a message training
to city staff and others as needed;
4) Provide content to be added to CITY’s website, included in email updates, social
media posts and newsletters;
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5) Prepare PowerPoint presentations for community meetings;
6) Develop strategies for managing coverage of a potential Revenue Measure in the
local press; and
7) Write, design, and produce mailings and advertising to educate, inform and engage
voters.
Task 3: Ballot Measure Development
Contingent upon opinion research findings related to the viability of a measure, CONSULTANT
will work with CITY to qualify a measure for the ballot. CONSULTANT will assist in
developing and presenting final documents, along with related research, conclusions, and
recommendations to the City Council and other relevant committees, organizations or elected
bodies as needed.
Deliverables:
1) Recommend a final tax type, tax rate, duration and tax structure;
2) Recommend the final the list of projects, programs and services to be funded by the
measure and prepare messaging that clearly articulates how these programs will
benefit from additional revenue provided by the measure;
3) Recommend procedures for the taxpayer accountability protections, such as a process
for an independent citizens’ oversight committee;
4) Work with legal counsel to develop a resolution or ordinance calling for the election;
5) Work with legal counsel to develop the 75-word ballot question;
6) Work with legal counsel to develop and refine the full text of the measure and other
materials that will appear in the ballot pamphlet mailed to all voters;
7) Present recommendations, documents and resolutions to CITY’s administration and
City Council for approval; and
8) Work with the City Clerk and County Registrar of Voters Office as needed to assist
CITY in completing the process of qualifying for the ballot.
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services as specified in Exhibit “A” Scope of Services during
the Term defined in Section 2 of this Agreement.
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for the Services performed in accordance
with the terms and conditions of this Agreement as set forth in the budget schedule below.
The CITY’s Project Manager may approve in writing the transfer of budget amounts between
any of the tasks or categories listed below provided the total compensation for Basic Services,
including any specified reimbursable expenses, and the total compensation for Additional
Services, if any, do not exceed the amounts set forth in Section 4 of this Agreement.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1: $13,500
Feasibility Assessment
Task 2: $60,875
Public Information and Outreach
Task 3: $14,750
Ballot Measure Development
Sub-total Basic Services $89,125
Reimbursable Expenses (if any) $0.00
Total Basic Services and Reimbursable expenses $89,125
Additional Services (if any) $5,000
Maximum Total Compensation $94,125
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, telecommunications, in-house printing, insurance and other ordinary
business expenses are included within the scope of payment for services and are not
reimbursable expenses. CITY shall reimburse CONSULTANT for the following
reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed
are: None
ADDITIONAL SERVICES
The CONSULTANT shall provide Additional Services (as defined in Section 4) only by
advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s
Project Manager’s request, shall submit a detailed written proposal including a proposed
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scope of services, schedule of performance, and maximum compensation, including any
specified reimbursable expenses, for such services based on the rates set forth in Exhibit
C-1. The Additional Services scope, schedule and maximum compensation shall be
negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT
prior to commencement of such services. Performance of and payment for Additional
Services, if any, is subject to all requirements and restrictions in this Agreement.
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EXHIBIT “C-1”
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Partner $325 per hour
Consultant $275 per hour
Associate $250 per hour
Art Director/Graphic Designer $250 per hour
Other Support Staff $200 per hour
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS,
AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE
CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE
OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN
(10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE
AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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City of Palo Alto (ID # 10736)
City Council Staff Report
Report Type: Informational Report Meeting Date: 11/4/2019
City of Palo Alto Page 1
Summary Title: Investment Activity Report
Title: City of Palo Alto Investment Activity Report for the First Quarter, Fiscal
Year 2020
From: City Manager
Lead Department: Administrative Services
Background
The City’s investment policy requires that staff report to Council quarterly on the City’s
portfolio composition and performance compared to the Council-adopted policy; discuss
overall compliance with the City’s Investment Policy; and provide recommendations, if any, for
policy changes. In addition, staff provides a detailed list of all securities and report on the City’s
ability to meet expenditure requirements over the next six months. This report is to inform
Council of the City’s investment portfolio performance as of the first quarter ending September
30, 2019 and to disclose staff’s cash flow projections for the next six months.
Discussion
The City’s investment portfolio is summarized in Graph 1 and detailed in the Investments by
Fund Report (Attachment B). The Investments by Fund Report groups the portfolio’s securities
by investment type and includes details of the investment issuer, date of maturity, current
market value, the book and face (par) value, and the weighted average maturity of each type of
investment and of the entire portfolio.
City of Palo Alto Page 2
The par value of the City’s portfolio is $525.2 million; in comparison, last quarter it was $536.9
million. The $11.7 million portfolio decline since the last quarter results from the prepayment
of the City’s Fiscal Year 2020 Unfunded Accrued Liability (UAL) pension cost for active
employees to the Public Employers’ Retirement System (PERS) totaling $30.2 million. By
prepaying PERS instead of making payments with each payroll period, the City expects savings
of $1.077 million in PERS payments; however, this savings will be partially offset by the loss of
approximately $311 thousand in interest income in the City’s portfolio. The net citywide savings
of prepaying the UAL cost is $766 thousand. The saving is a consequence of PERS’ ability to earn
interest earlier and at a higher rate than the City’s portfolio could realize. Without this
prepayment, the portfolio in the first quarter would have been higher by $18.5 million. In
addition, seasonality and the timing of remittances and expenditures affect cash flow. For
example, the first quarter has one less payroll compared to the prior quarter. Contributing
factors include lower payroll costs due to the current quarter having an extra pay period.
The portfolio consists of $32.2 million in liquid accounts and $493.0 million in various
investment types as detailed in the below Table 1. The investment policy requires that at least
$50 million be maintained in securities maturing in less than two years. The portfolio includes
$133.0 million in investments maturing in less than two years, comprising 25.3 percent of the
City’s investment portfolio. In addition, the Investment Policy allows up to 30 percent of the
portfolio to be invested in securities with maturities beyond five years; actual at the end of the
second quarter is 28.0 percent of the portfolio.
City of Palo Alto Page 3
Table 1:
Up to 1
Year
1 to 2
Years
2 to 3
Years
3 to 5
Years
Over
5 Years
Portfolio
Total *
% of
Portfolio
U.S. Treasury -$ -$ 3.0$ 7.5$ -$ 10.5$ 2.0%
U.S. Agency Bonds 40.6 31.9 39.9 66.6 102.7 281.7 53.6%
U.S. Municipal/ State Bonds 4.6 26.1 11.0 26.3 43.6 111.6 21.3%
Negotiable Certificates of Deposits (NCD)4.4 7.8 16.8 13.7 0.7 43.4 8.3%
U.S. Corporate Bonds 7.8 9.8 0.1 4.1 - 21.8 4.2%
Supranational Organizations Bonds - - 5.0 19.0 - 24.0 4.6%
Liquid Accounts (LAIF & Fidelity)32.2 - - - - 32.2 6.1%
Grand Total 89.6$ 75.6$ 75.8$ 137.2$ 147.0$ 525.2$ 100%
% of Portfolio 17.1%14.4%14.4%26.1%28.0%100.0%
* $39 million or 7.4 percent are in investments that support Environmental, Social, and Governace (ESG) Activities
(aka "Green" and Supranational Bonds)
Maturities - Par Value (millions)
Investment Type
The current market value of the portfolio is 101.0 percent of the book value. The market value
of securities fluctuates, depending on how interest rates perform. When interest rates
decrease, the market value of the securities in the City’s portfolio will likely increase; likewise,
when interest rates increase, the market value of the securities will likely decrease.
Understanding and showing market values is not only a reporting requirement, but essential to
knowing the principal risks in actively buying and selling securities. It is important to note,
however, that the City’s practice is to buy and hold investments until they mature so changes in
market price do not affect the City’s investment principal. The average life to maturity of the
investment portfolio is 3.68 years compared to 3.45 years last quarter.
Investments Made During the First Quarter
During the first quarter, $63.2 million of securities with an average yield of 2.6 percent
matured. During the same period, per Table 2 below, government securities totaling $68.1
million with an average yield of 2.4 percent were purchased. The expectation is interest rates
and the City’s portfolio’s average yield will gradually decline. The City’s short-term money
market and pool account decreased by $16.7 million compared to the fourth quarter. Staff
continually monitors the City’s short-term cash flow needs and adjusts liquid funds to meet
them.
City of Palo Alto Page 4
Table 2:
Up to 1
Year
1 to 2
Years
2 to 3
Years
3 to 5
Years
Over
5 Years
Portfolio
Total *
% of
Purchase
U.S. Agency Bonds -$ -$ -$ 1.0$ 41.6$ 42.6$ 62.6%
U.S. Municipal/ State Bonds 0.5 - - 2.6 10.2 13.3 19.5%
Negotiable Certificates of Deposits (NCD)- - 0.5 3.2 0.5 4.2 6.2%
U.S. Corporate Bonds - - - 2.0 - 2.0 2.9%
Supranational Organizations Bonds - - 1.5 4.5 - 6.0 8.8%
Grand Total 0.5$ -$ 2.0$ 13.3$ 52.3$ 68.1$ 100%
% of Purchase 0.7%0.0%2.9%19.5%76.9%100.0%
* $8.3 million or 12.2 percent are in investments that support Environmental, Social, and Governace (ESG) Activities
(aka "Green" and Supranational Bonds)
Investment Type
2019 Q1 Security Purchases - Par Value (millions)
Availability of Funds for the Next Six Months
Normally, the flow of revenues from the City’s utility billings and General Fund sources is
sufficient to provide funds for ongoing expenditures in those respective funds. Projections
indicate receipts will be $298.1 million and expenditures will be $289.3 million over the next six
months, indicating an overall growth in the portfolio of $8.8 million.
As of September 30, 2019, the City had $32.2 million deposited in the Local Agency Investment
Fund (LAIF) and a money market account that could be withdrawn on a daily basis. In addition,
investments totaling $34.8 million will mature between October 1, 2019 and March 31, 2020.
Based on the above and staff’s revenue and expenditure forecast for the next six months, staff
is confident that the City will have more than sufficient funds or liquidity to meet expenditure
requirements for the next six months.
Compliance with City Investment Policy
During the first quarter, staff complied with all aspects of the investment policy. Attachment C
lists the major restrictions in the City’s investment policy compared with the portfolio’s actual
performance.
Investment Yields
Interest income on an accrual basis for the first quarter was $3.1 million. As of September 30,
2019, the yield to maturity of the City’s portfolio was 2.35 percent. In the first quarter, LAIF’s
average yield was 2.33 percent while the average yield on the two-year and five-year Treasury
bonds was approximately 1.68 percent and 1.63 percent, respectively. As stated in the last
report, since December 2018 Treasury bond yields have periodically inverted, meaning yields
on bonds with a shorter duration are higher or the same than the yields on bonds that have a
longer duration. Historically, the inverted yield curve has been an indication of investors having
little confidence in the near-term economy. Typically, investors purchase more long-term
City of Palo Alto Page 5
investments when they believe interest rates will continue to decline and the economy in the
near-term is a much risker investment environment.
The declining interest rate is expected to continue the gradual decrease in the portfolio’s yields.
Historically, the City’s portfolio yield has outperformed the two-year and five-year Treasury
bond rates and does so again, however with the rapid interest rate rise in FY 2018 that wasn’t
the case until last quarter; this is an expected occurrence. As the City’s laddered portfolio
investments mature in the next year or two, funds are expected to be reinvested in a mix of
higher and lower yielding securities compared to the yield on the matured investments. Graph
2 shows the City’s yields and interest earnings for the past 18+ years.
5.8%
4.2%City of Palo Alto4.4%
2.9%
1.9%
2.3%
2 Yr. Treasury
1.7%
5 Yr. Treasury
1.6%
LAIF
2.3%
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
$4.0
$4.5
$5.0
0%
1%
2%
3%
4%
5%
6%
Int. Earnings
(Millions)Yields
Fiscal Year Quarters
Graph 2: Yields and Interest Earnings
City’s portfolio duration is 3.68 years.
City of Palo Alto Page 6
Yield Trends
The Federal Open Market Committee (FOMC) cut the federal funds and discount rates to 1.75
and 2.50 percent in August/September 2019, respectively. This was the second rate cut in
calendar year 2019 while in calendar year 2018 the fed funds rate rose by 1.0 percent and the
discount rate rose by 0.75 percent. The FOMC views economic activity rising at a moderate
pace, job gains remaining stable, low unemployment, and inflation rate being tame around 2
percent. The market’s expectation is FOMC will continue to raise the federal funds rate in the
near-term with the speed and extent of future rate increase(s) being uncertain.
Funds Held by the City or Managed Under Contract
Attachment A is a consolidated report of all City investment funds, including those not held
directly in the investment portfolio. These include cash in the City’s regular bank account with
US Bank and Wells Fargo. A description of the City’s banking relationships can be found in City
Council Staff Report ID # 7858. The bond proceeds, reserves, and debt service payments being
held by the City’s fiscal agents are subject to the requirements of the underlying debt
indenture. The trustees for the bond funds are U.S. Bank and California Asset Management
Program (CAMP). Bond funds with U.S. Bank are invested in federal agency and money market
mutual funds that consist exclusively of U.S. Treasury securities. Bond funds in CAMP are
invested in banker’s acceptance notes, certificates of deposit, commercial paper, federal
agency securities, and repurchase agreements. The most recent data on funds held by the fiscal
agent is as of September 30, 2019.
In January 2017, the City established a Section 115 Irrevocable Trust (Public Agencies Post-
Employment Benefits Trust) administered by Public Agency Retirement Services (PARS). This
fund is not governed by the City’s Investment Policy; however, it is discussed in this report for
administrative ease. It is the City’s intent to prefund pension costs and began to address the
Net Pension Liabilities (NPL) as calculated by Governmental Accounting Standards Board
Pronouncement No. 68 (GASB 68). The Section 115 Trust offered by PARS has five portfolios
from which to choose in making investments of City funds. The City has selected the
“Moderately Conservative” portfolio which is the second most conservative. Additional
information on this trust can be found in City Council Staff Report ID # 7553. Through
September 30, 2019, principal investment contributions of $13.5 million have grown to $14.2
million. As of September 30, 2019, the net return for one year has been 7.1 percent.
Fiscal Impact
This is an information report.
Environmental Review
This information report is not a project under the California Environmental Quality Act;
therefore, an environmental review is not required.
.
Attachments:
Attachment A Consolidated Report of Cash Management
City of Palo Alto Page 7
Attachment B Investment Portfolio
Attachment C Investment Policy Compliance
Book Value Market Value
City Investment Portfolio (see Attachment B)530,635,714$ 535,655,031$
Other Funds Held by the City
Cash with Wells Fargo Bank 1,307,985 1,307,985
(includes general and imprest accounts)
Cash with US Bank 2,932,829 2,932,829
(includes general and imprest accounts)
Petty/Working Cash 12,478 12,478
Total - Other Funds Held By City 4,253,291 4,253,291
Funds Under Management of Third Party Trustees *
Debt Service Proceeds
US Bank Trust Services **1995 Utility Revenue BondsDebt Service Fund 123 123
1999 Utility Revenue Bonds
Debt Service Fund 304 304
2007 Utility Revenue Bonds
Debt Service Fund 19 19
2009 Water Revenue Bonds (Build America Bonds)
Debt Service and Reserve Funds 2,582,209 2,582,209
2010 General Obligation (Library) Bond
Debt Service and Escrow Funds 2,400,528 2,400,528
2011 Utility Revenue Refunding BondsDebt Service and Reserve Funds 1,452,130 1,452,130
2012 University Ave. Parking Refunding BondsReserve and Escrow Funds 1,812,727 1,812,727
2013 General Obligation (Library) BondEscrow Funds 3,094,820 3,094,820
2018 Capital Improvement (Golf Course & 2002B COP Refinance)
(Taxable- Green Bond) Certificates of Participation
Debt Service and Cost of Issuance Funds 18,018 18,018
2019 California Avenue Parking Garage Certificates of Participation
(Tax-Exempt and Taxable Bonds)
Construction and Cost of Issuance Funds 42,352,841 42,352,841
California Asset Management Program (CAMP) ***
2012 University Ave. Parking Refunding BondsReserve Fund 2,672,228 2,672,228
2013 General Obligation (Library) BondReserve Fund 591,416 591,416
Public Agencies Post-Employment Benefits Trust ****
Public Agency Retirement Services (PARS) 14,247,284 14,247,284
Total Under Trustee Management 71,224,646 71,224,646
GRAND TOTAL 606,113,651$ 611,132,968$
* These funds are subject to the requirements of the underlying debt indenture.
** U.S. Bank investments are in money market mutual funds that exclusively invest in U.S. Treasury securities.
*** CAMP investments are in money market mutual fund which invest in bankers acceptance, certificate of deposit,
commercial paper, federal agency securities, and repurchase agreements.
**** PARS investments are in moderately conservative index plus funds
Attachment A
First Quarter, Fiscal Year 2018-19
(Unaudited)
Consolidated Report of Cash Management
City of Palo Alto Cash and Investments
City of Palo Alto City of Palo Alto
Administration Svcs. Dept.
250 Hamilton Ave., 4th Floor
Palo Alto, CA 94301
(650)329-2362
September 30, 2019
Fund ALL - Portfolio Listings
Investments by Fund
Par Value Days ToMaturityMaturityDateCurrentRateMarket ValueCUSIPInvestment # Issuer
Purchase
Date Book Value YTM
360
YTM
365
LAIF & Fidelity Cash Accounts
Fidelity Investments158 3,085,531.71SYS158 12.00007/01/2018 3,085,531.71 1.972 2.0003,085,531.71
Local Agency Investment Fund159 29,161,423.81SYS159 12.25007/01/2018 29,209,330.69 2.219 2.25029,161,423.81
Subtotal and Average 32,246,955.52 32,246,955.52 32,294,862.40 2.196 2.226 1
Negotiable Certificates of Deposits
Comenity Capital Bank1959 NCD 245,000.0020033AM86 10/30/2023 1,4903.45010/30/2018 260,334.55 3.404 3.451245,000.00
American Federal Bank1476 NCD 245,000.0002600ADE4 09/30/2022 1,0952.45009/30/2015 249,561.90 2.418 2.451245,000.00
Allegiance Bank - Texas1844 NCD 245,000.0001748DAW6 09/29/2022 1,0942.05009/29/2017 246,700.30 2.022 2.051245,000.00
Alpine Bank1525 NCD 245,000.0002082CBG4 08/16/2023 1,4152.40002/16/2016 245,159.25 2.367 2.400245,000.00
American City Bank1692 NCD 245,000.00025140BC7 03/30/2021 5461.45009/30/2016 243,552.05 1.429 1.449245,000.00
American Eagle Bank2124 NCD 249,000.0002554BCN9 05/23/2022 9652.10009/27/2019 250,879.95 1.869 1.895250,311.77
American National Bank1766 NCD 245,000.0002772JAC4 08/04/2021 6732.05004/04/2017 246,109.85 2.023 2.051245,000.00
Anchor D Bank2115 NCD 245,000.00033034AJ8 09/30/2024 1,8261.95009/30/2019 245,007.35 1.923 1.950245,000.00
American State Bank OSCE1805 NCD 245,000.00029733BX9 05/30/2024 1,7032.30005/30/2017 249,194.40 2.270 2.301245,000.00
American Express Centurion Bk1986 NCD 245,000.0002589AA28 12/04/2023 1,5253.55012/04/2018 261,495.85 3.501 3.550245,000.00
Bankers Bank1776 NCD 245,000.0006610RAM1 04/19/2021 5661.90004/19/2017 245,374.85 1.875 1.901245,000.00
Bank of Wisconsin Dells1696 NCD 245,000.00065847DH5 10/12/2021 7421.50010/12/2016 243,532.45 1.480 1.500245,000.00
Bank of Grove1821 NCD 245,000.0006246PBP9 12/29/2021 8202.00006/29/2017 245,014.70 1.974 2.001245,000.00
Bankers Bank of the West1421 NCD 245,000.0006610TDB8 12/30/2019 901.85012/29/2014 245,122.50 1.824 1.850245,000.00
Bank Champaign1477 NCD 245,000.0006607ABD2 09/30/2022 1,0952.50009/30/2015 245,115.15 2.467 2.501245,000.00
Bank of Deerfield1396 NCD 245,000.00061785CM1 09/30/2020 3652.20009/30/2014 245,970.20 2.171 2.201245,000.00
Frontier Bank Madison NE1498 NCD 245,000.0035907XCL9 11/22/2021 7832.00011/20/2015 245,009.80 1.974 2.001245,000.00
Bank West1472 NCD 245,000.00063615AX6 09/16/2022 1,0812.25009/16/2015 248,094.35 2.220 2.251245,000.00
Apex Bank1693 NCD 245,000.0003753XAN0 09/30/2022 1,0951.70009/30/2016 244,198.85 1.676 1.700245,000.00
Century Next Bank2074 NCD 245,000.00156634AY3 08/30/2024 1,7951.70008/30/2019 242,226.60 1.678 1.701245,000.00
BMO Harris Bank1783 NCD 245,000.0005581WNY7 10/28/2022 1,1232.25004/28/2017 245,029.40 2.220 2.251245,000.00
BMW Bank of North America1807 NCD 245,000.0005580AJK1 06/16/2020 2591.85006/16/2017 245,073.50 1.824 1.850245,000.00
Beneficial Bank1680 NCD 245,000.0008173QBR6 09/13/2021 7131.50009/12/2016 243,451.60 1.479 1.500245,000.00
BankFirst1767 NCD 245,000.0006644QAA9 04/13/2022 9252.00004/13/2017 246,176.00 1.973 2.001245,000.00
Bofi Federal Bank1381 NCD 50,000.0009710LAF2 08/30/2022 1,0642.25008/25/2014 50,011.50 2.493 2.52749,636.49
Bofi Federal Bank1382 NCD 100,000.0009710LAE5 08/08/2022 1,0422.35008/25/2014 100,039.00 2.592 2.62899,282.62
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
Attachment B
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 2
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Negotiable Certificates of Deposits
Bofi Federal Bank1402 NCD 100,000.0009710LAF2 08/30/2022 1,0642.25010/21/2014 100,023.00 2.462 2.49699,351.22
Banco Poplar North America1478 NCD 245,000.0005965GVP8 10/07/2020 3722.25010/07/2015 246,107.40 2.219 2.250245,000.00
Bridgewater Bank Bloom MN2099 NCD 245,000.00108622JA0 09/25/2023 1,4551.80009/25/2019 244,544.30 1.775 1.800245,000.00
Balboa Thrift & Loan1984 NCD 245,000.0005765LAW7 11/30/2022 1,1563.25011/30/2018 255,784.90 3.207 3.252245,000.00
Business Bank1531 NCD 245,000.0012325EHA3 02/10/2021 4981.55002/10/2016 244,176.80 1.530 1.551245,000.00
Citigroup1950 NCD 245,000.0017312QJ67 04/22/2023 1,2993.00004/24/2018 254,822.05245,000.00
Commercial Bank - Alma1772 NCD 245,000.00201282HM5 04/21/2022 9332.05004/21/2017 246,489.60 2.023 2.051245,000.00
CBC National Bank1571 NCD 245,000.0012480LDV6 04/15/2021 5621.50004/15/2016 243,887.70 1.479 1.500245,000.00
Celtic Bank2063 NCD 245,000.0015118RRH2 08/30/2024 1,7951.85008/30/2019 243,948.95 1.826 1.852245,000.00
Central State Bank1538 NCD 245,000.0015524EAA2 02/16/2022 8691.70002/16/2016 244,404.65 1.678 1.701245,000.00
First Iowa State Bank1840 NCD 245,000.00320636AC7 01/31/2022 8531.90007/31/2017 245,536.55 1.876 1.902245,000.00
Choice Bank - Oshkosh WI1884 NCD 245,000.0017037VBT8 12/29/2022 1,1852.35012/29/2017 249,081.70 2.317 2.350245,000.00
Charter Bank Eau Claire1811 NCD 245,000.0016116PHU8 06/13/2022 9862.10006/13/2017 245,063.70 2.071 2.100245,000.00
CIBM Bank1809 NCD 245,000.0012545JAM7 06/16/2022 9892.10006/16/2017 245,100.45 2.072 2.101245,000.00
Citizens Deposit Bank1677 NCD 245,000.0017453FBP6 08/24/2021 6931.40008/24/2016 243,395.25 1.380 1.400245,000.00
Citizens State Bank1541 NCD 250,000.0017670BAQ1 02/17/2023 1,2351.75002/19/2016 249,372.50 1.727 1.751250,000.00
CalPrivate Bank2052 NCD 245,000.0013135NAG5 08/16/2023 1,4152.20008/16/2019 245,343.00 2.171 2.201245,000.00
Cumberland Federal Bank FSB1813 NCD 245,000.0023062KBH4 07/07/2022 1,0102.10007/07/2017 245,044.10 2.072 2.101245,000.00
Commercial Savings Bank1868 NCD 245,000.00202291AD2 10/18/2022 1,1132.10010/18/2017 247,070.25 2.071 2.100245,000.00
Enerbank USA1246 NCD 245,000.0029266NYZ4 01/30/2020 1212.05001/30/2014 245,139.65 2.021 2.050245,000.00
City National Bk of Metropolis1791 NCD 245,000.0017801GBQ1 05/16/2022 9582.00005/15/2017 246,210.30 1.972 2.000245,000.00
Community State Bank1536 NCD 245,000.0020404YBQ7 02/24/2022 8771.95002/24/2016 245,004.90 1.924 1.951245,000.00
Country Bank of New York1799 NCD 245,000.0022230PBN9 05/26/2022 9682.10005/26/2017 245,029.40 2.072 2.101245,000.00
Capital One Bank USA NA1457 NCD 245,000.0014042E5M8 08/12/2020 3162.30008/12/2015 246,053.50 2.268 2.300245,000.00
Capital One Bank USA NA2089 NCD 245,000.0014042TCP0 09/05/2024 1,8011.90009/05/2019 244,502.65 1.873 1.900245,000.00
Community Bank Pasadena1627 NCD 245,000.00203507BA5 06/15/2021 6231.55006/16/2016 244,176.80 1.529 1.550245,000.00
Commuincity Finl Svcs Bank1530 NCD 245,000.0020364ABA2 02/17/2021 5051.60002/17/2016 244,333.60 1.579 1.601245,000.00
Commerce Bank - Geneva1816 NCD 245,000.0020056QQK2 06/21/2021 6292.00006/21/2017 245,071.05 1.973 2.001245,000.00
Commerce State Bank1797 NCD 245,000.0020070PJA6 05/23/2022 9652.00005/22/2017 246,217.65 1.972 2.000245,000.00
Community State Bank, IA1471 NCD 245,000.0020404MAN1 09/12/2022 1,0772.25009/11/2015 248,084.55 2.224 2.255245,000.00
Cornerstone Bank1757 NCD 245,000.00219232CN3 03/10/2022 8912.10003/10/2017 245,102.90 2.072 2.101245,000.00
Discover Bank / Delaware1956 NCD 245,000.00254673VJ2 10/24/2023 1,4843.35010/24/2018 259,266.35 3.304 3.350245,000.00
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 3
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Negotiable Certificates of Deposits
Dollar Bank FSB1756 NCD 245,000.0025665QAV7 03/08/2022 8892.05003/08/2017 246,425.90 2.021 2.050245,000.00
East Boston Savings Bank1463 NCD 245,000.0027113PAL5 08/24/2020 3281.90008/24/2015 245,218.05 1.876 1.902245,000.00
Eagle Bank2040 NCD 245,000.0027002YEL6 04/28/2023 1,3052.65004/30/2019 251,923.70 2.615 2.651245,000.00
TBK Bank SSB1812 NCD 245,000.0087219RBK9 06/23/2022 9962.10006/23/2017 245,129.85 2.072 2.101245,000.00
Ever Bank1454 NCD 245,000.0029976DZK9 07/30/2020 3032.00007/30/2015 245,401.80 1.972 2.000245,000.00
Farmer's and Merchants Bank1360 NCD 250,000.00308702BQ1 02/16/2021 5042.20008/15/2014 251,360.00 2.169 2.200250,000.00
First Business Bank1250 NCD 245,000.0031938QF25 02/19/2020 1412.00002/19/2014 245,129.85 1.972 2.000245,000.00
FirstBank Puerto Rico1768 NCD 245,000.0033767A2C4 04/07/2022 9192.10004/07/2017 246,771.35 2.072 2.101245,000.00
First Federal S&L Bank1626 NCD 245,000.0032018YAW8 06/22/2023 1,3601.80006/22/2016 245,534.10 1.776 1.800245,000.00
1st Financial Bank1485 NCD 245,000.0032022RFD4 03/16/2022 8972.10010/19/2015 245,022.05 2.120 2.150244,718.25
First Farmers Bank & Trust2076 NCD 245,000.00320165JK0 09/04/2024 1,8001.75009/04/2019 242,780.30 1.727 1.751245,000.00
First Internet Bank1834 NCD 245,000.0032056GCQ1 07/14/2022 1,0172.05007/14/2017 246,602.30 2.023 2.051245,000.00
First Eagle National Bank1400 NCD 245,000.0032008JAG8 10/15/2021 7452.45010/17/2014 249,361.00 2.416 2.449245,000.00
First Oklahoma Bank1838 NCD 245,000.00335857BF4 07/26/2022 1,0292.10007/26/2017 245,031.85 2.072 2.101245,000.00
Farmers & Merchant Bank1735 NCD 245,000.0030781TBD9 01/18/2022 8402.05001/18/2017 246,354.85 2.021 2.050245,000.00
First National Bank of America1391 NCD 240,000.0032110YEF8 08/03/2022 1,0372.35009/09/2014 240,372.00 2.665 2.703237,843.33
FNB Bank Inc.1863 NCD 245,000.00330459CB2 10/13/2023 1,4732.25010/13/2017 248,775.45 2.220 2.251245,000.00
First Nationnal Bank / KS1537 NCD 245,000.00334342BU5 02/26/2021 5141.55002/26/2016 244,152.30 1.530 1.551245,000.00
The FNB of Mcgregor1480 NCD 245,000.0032112UBW0 09/30/2021 7302.00010/01/2015 245,962.85 1.972 1.999245,000.00
First Nat. Bank of Park Falls1473 NCD 245,000.0032114RAQ9 09/17/2021 7172.20009/17/2015 245,031.85 2.171 2.201245,000.00
First National Bank2026 NCD 245,000.0032117BCS5 02/14/2024 1,5973.25002/14/2019 246,288.70 3.206 3.251245,000.00
First Premier Bank1255 NCD 245,000.0033610RNX7 03/08/2021 5242.50003/07/2014 247,432.85 2.465 2.500245,000.00
Franklin Synergy Bank1771 NCD 103,000.0035471TCV2 01/31/2022 8532.00004/04/2017 103,461.44 1.972 1.999103,000.00
Community First Bank1555 NCD 250,000.0020369JAA9 03/17/2022 8981.70003/17/2016 249,367.50 1.677 1.700250,000.00
Farmer's & Merchant's SVG Bank1551 NCD 245,000.00308863AH2 02/26/2021 5141.55002/29/2016 245,480.20 1.528 1.550245,000.00
First Neighbor Bank, NA1469 NCD 245,000.0033581VAF6 09/03/2021 7032.40009/03/2015 248,241.35 2.367 2.400245,000.00
First United Bank & Trust2066 NCD 245,000.0033742CAM9 08/30/2024 1,7952.10008/30/2019 245,308.70 2.073 2.102245,000.00
First National Bank of Elkhart1801 NCD 245,000.00321130AB2 05/31/2022 9732.10005/31/2017 245,034.30 2.072 2.101245,000.00
First Northeast Bank1779 NCD 245,000.0033583FAA0 10/19/2022 1,1142.10004/19/2017 247,075.15 2.072 2.101245,000.00
First State Bank - Dequeen1824 NCD 245,000.00336460CH1 04/29/2022 9412.00006/30/2017 246,193.15 1.973 2.000245,000.00
First State Bank of Purdy1475 NCD 248,000.0033646TAE7 04/13/2022 9252.35009/25/2015 248,329.84 2.321 2.353247,990.41
First State Community Bank1819 NCD 245,000.0033708UCF4 06/30/2022 1,0032.10006/30/2017 245,095.55 2.071 2.100245,000.00
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 4
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Negotiable Certificates of Deposits
First Technology Federal Credi1955 NCD 245,000.0033715LCM0 10/17/2023 1,4773.40010/17/2018 259,751.45 3.355 3.401245,000.00
Firstier Bank2061 NCD 245,000.0033766LAJ7 08/23/2024 1,7881.95008/23/2019 245,117.60 1.925 1.952245,000.00
First Kentucky Bank1856 NCD 245,000.0032065TAW1 10/06/2022 1,1012.10010/06/2017 247,065.35 2.072 2.101245,000.00
First Western Bank & Trust1770 NCD 245,000.0033749VAM0 04/07/2022 9192.00004/07/2017 246,168.65 1.973 2.001245,000.00
Gulf Coast Bank & Trust1920 NCD 245,000.00402194FJ8 07/26/2024 1,7602.65001/26/2018 245,127.40 2.614 2.650245,000.00
GE Capital Bank1262 NCD 245,000.0036157PXV6 03/22/2021 5382.65003/21/2014 248,033.10 2.613 2.650245,000.00
Ally Bank1882 NCD 245,000.0002007GAF0 01/04/2021 4612.25001/04/2018 246,372.00 2.219 2.250245,000.00
Flatwater Bank2107 NCD 245,000.0033885WAA8 09/30/2024 1,8261.90009/30/2019 244,421.80 1.873 1.900245,000.00
Great Plains Bank1865 NCD 245,000.0039115UBB8 07/25/2022 1,0282.00010/25/2017 246,278.90 1.972 2.000245,000.00
Grant County Bank1864 NCD 175,000.0038762PCB6 10/18/2023 1,4782.20010/18/2017 175,024.50 2.170 2.201175,000.00
Grant County Bank West V.2042 NCD 245,000.00387625AA4 05/08/2024 1,6812.55005/08/2019 251,904.10 2.513 2.548245,000.00
Goldman Sachs Bank USA / NY1951 NCD 245,000.0038148PJ81 05/09/2023 1,3163.15005/09/2018 256,203.85 3.106 3.150245,000.00
Happy State Bank1683 NCD 245,000.00411394AN9 09/16/2021 7161.50009/16/2016 243,493.25 1.500 1.520245,000.00
HSBC Bank1564 NCD 245,000.0040434AR84 10/07/2021 7372.00004/07/2016 245,178.85245,000.00
Investors Community Bank1765 NCD 245,000.0046147USQ4 09/23/2022 1,0882.20003/24/2017 247,761.15 2.172 2.202245,000.00
International Bank1841 NCD 245,000.0045906ABP1 07/29/2022 1,0322.10007/31/2017 245,034.30 2.072 2.101245,000.00
Industrial & Com Bk of China1773 NCD 245,000.0045581EAC5 04/12/2022 9242.15004/12/2017 247,082.50 2.121 2.151245,000.00
Iroquois Federal Sav Loan Asso1535 NCD 245,000.0046355PBV9 08/12/2020 3161.60002/12/2016 244,576.15 1.578 1.600245,000.00
Investors Bank1460 NCD 245,000.0046176PEJ0 08/25/2020 3292.00008/25/2015 246,100.05 1.972 2.000245,000.00
Inst. for Sav in Newburyport1455 NCD 245,000.0045780PAN5 07/30/2021 6682.30007/31/2015 247,878.75 2.269 2.301245,000.00
JP Morgan Chase BAnk NA2021 NCD 245,000.0048128HBS6 01/31/2025 1,9493.40001/31/2019 246,225.00 3.353 3.400245,000.00
Kansas State Bank Manhattan1798 NCD 245,000.0050116CAX7 05/31/2024 1,7042.50005/31/2017 251,379.80 2.465 2.500245,000.00
Keesler Federal Credit Union2027 NCD 245,000.0049254FAP1 08/30/2021 6993.05002/28/2019 250,764.85 3.008 3.050245,000.00
Key Bank1785 NCD 245,000.0049306SYB6 05/18/2020 2301.75005/17/2017 244,892.20 1.726 1.750245,000.00
Lakeside Bank1686 NCD 245,000.0051210SLR6 09/18/2023 1,4481.80009/16/2016 244,639.85 1.775 1.800245,000.00
Legends Bank1533 NCD 245,000.0052465JGM3 02/11/2022 8641.70002/12/2016 248,177.65 1.678 1.701245,000.00
Live Oak Banking Company1671 NCD 245,000.00538036CH5 08/19/2021 6881.40008/19/2016 243,456.50 1.381 1.400245,000.00
Luana Savings Bank1367 NCD 245,000.00549103QA0 09/07/2021 7072.25009/05/2014 247,092.30 2.219 2.250245,000.00
Marathon Savings Bank1818 NCD 245,000.0056585YAA8 06/28/2022 1,0012.05006/28/2017 246,580.25 2.023 2.051245,000.00
MB Financial Bank NA1730 NCD 245,000.0055266CUF1 01/13/2022 8352.10001/13/2017 246,626.80 2.072 2.101245,000.00
Mercantile Bank of Michigan1793 NCD 245,000.0058740XZF0 05/12/2022 9542.10005/12/2017 246,825.25 2.071 2.100245,000.00
Mechanics Coop Bank1803 NCD 245,000.00583626AC0 05/26/2022 9682.05005/26/2017 246,536.15 2.023 2.051245,000.00
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 5
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Negotiable Certificates of Deposits
Medallion Bank - Salt Lake2010 NCD 245,000.0058404DDB4 01/03/2024 1,5553.30001/10/2019 259,268.80 3.254 3.299245,000.00
Landmark Community Bank2123 NCD 249,000.0051507LBU7 06/27/2022 1,0002.35009/27/2019 252,600.54 1.868 1.894252,025.70
Merchants State Bank2059 NCD 245,000.00589227AG2 08/30/2024 1,7951.80008/30/2019 243,378.10 1.775 1.800245,000.00
Merrick Bank1464 NCD 245,000.0059013JHE2 08/20/2020 3241.90008/20/2015 245,213.15 1.876 1.902245,000.00
Merchants National Bank OH1534 NCD 245,000.00588806AV1 02/17/2022 8701.80002/17/2016 247,844.45 1.776 1.801245,000.00
Mid-Country Bank1810 NCD 245,000.0059565QCG8 06/14/2022 9872.05006/14/2017 245,036.75 2.023 2.051245,000.00
Mid-Missouri Bank1806 NCD 245,000.0059541KBL0 06/10/2022 9832.05006/12/2017 246,558.20 2.023 2.051245,000.00
Mainstreet Bank2038 NCD 245,000.0056065GAG3 04/26/2024 1,6692.60004/26/2019 252,428.40 2.567 2.602245,000.00
Marlin Business Bank1483 NCD 245,000.0057116AKU1 10/21/2020 3861.75010/21/2015 246,158.85 1.727 1.751245,000.00
Morgan Stanley Bank NA1890 NCD 245,000.0061747MF63 01/11/2023 1,1982.65001/11/2018 251,433.70 2.613 2.650245,000.00
Morgan Stanley Bank NA1993 NCD 245,000.0061760ASZ3 12/06/2023 1,5273.55012/06/2018 261,510.55 3.501 3.550245,000.00
Municipal Trust and Savings1800 NCD 245,000.00625925AP7 05/02/2024 1,6752.35005/22/2017 249,745.65 2.317 2.349245,000.00
Mutual One Bank1407 NCD 250,000.0062847HAA7 11/21/2019 511.85011/21/2014 250,062.50 1.825 1.850250,000.00
MY Safra Bank FSB1467 NCD 245,000.0055406JAL6 09/03/2020 3381.90009/03/2015 246,149.05 1.873 1.900245,000.00
National Bank Commerce1607 NCD 245,000.00633368DY8 05/11/2023 1,3181.80005/11/2016 245,053.90 1.776 1.800245,000.00
Nebraska State Bank & Trust1466 NCD 245,000.0063969ABL7 08/26/2022 1,0602.25008/26/2015 251,203.40 2.220 2.251245,000.00
Bank of Northern Michigan1298 NCD 245,000.0006414TNW9 05/21/2020 2332.00005/21/2014 245,690.90 1.972 2.000245,000.00
Numerica Credit Union1991 NCD 245,000.0067054NAN3 11/28/2023 1,5193.55011/28/2018 261,503.20 3.503 3.551245,000.00
Oostburg State Bank1532 NCD 245,000.00683430BU5 02/09/2021 4971.55002/09/2016 245,989.80 1.530 1.551245,000.00
Williamette Valley Bank1524 NCD 245,000.00969294BY2 02/06/2023 1,2242.10002/04/2016 245,605.15 2.072 2.101245,000.00
South Ottumwa Savings Bank1851 NCD 245,000.00839145AA7 09/29/2022 1,0942.05009/29/2017 246,700.30 2.022 2.051245,000.00
Ottawa Savings Bank1892 NCD 245,000.0068956HAC7 01/19/2023 1,2062.40001/19/2018 249,522.70 2.368 2.401245,000.00
Ponce De Leon Federal Bank1795 NCD 245,000.00732333AH2 05/26/2022 9682.10005/26/2017 246,854.65 2.072 2.101245,000.00
Preferred Bank LA California2047 NCD 245,000.00740367HP5 08/16/2024 1,7812.00008/16/2019 245,710.50 1.972 2.000245,000.00
Parkside Financial Bank1833 NCD 245,000.0070147ACE2 03/15/2023 1,2612.10007/19/2017 247,217.25 2.072 2.101245,000.00
Planters Bank1363 NCD 245,000.0072741PCU9 08/20/2021 6892.50008/20/2014 243,515.30 2.467 2.501245,000.00
Providence Bank1445 NCD 245,000.00743738BQ8 02/25/2022 8782.10002/26/2015 249,963.70 2.072 2.101245,000.00
RCB Bank1869 NCD 245,000.0074934YAG6 10/27/2022 1,1222.20010/27/2017 245,049.00 2.171 2.201245,000.00
Reliance Savings Bank1636 NCD 245,000.0075950XAD1 06/22/2021 6301.45006/22/2016 244,167.00 1.430 1.450245,000.00
Sallie Mae Bank2102 NCD 245,000.007954504D4 09/18/2024 1,8141.90009/18/2019 244,458.55 1.873 1.900245,000.00
Security National Bank1499 NCD 245,000.00814414AC2 11/19/2021 7802.00011/19/2015 245,009.80 1.974 2.001245,000.00
Security State Bank1774 NCD 245,000.0081489TAS5 04/07/2022 9192.10004/07/2017 245,156.80 2.072 2.101245,000.00
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 6
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Negotiable Certificates of Deposits
Stifel Bank & Trust1953 NCD 245,000.0086063QAK1 05/15/2023 1,3222.95005/15/2018 254,567.25 2.911 2.951245,000.00
Silvergate Bank2043 NCD 245,000.00828373GC8 05/15/2024 1,6882.75005/15/2019 245,249.90 2.715 2.753245,000.00
Summit Community Bank1888 NCD 245,000.0086604XMN3 01/26/2022 8482.25001/26/2018 247,484.30 2.220 2.251245,000.00
Somerset Trust Company Bank1616 NCD 245,000.00835104BL3 06/12/2023 1,3501.80006/10/2016 245,539.00 1.776 1.800245,000.00
Bank of New England1704 NCD 245,000.00063847AW7 10/19/2021 7491.50010/19/2016 243,270.30 1.480 1.500245,000.00
Slovak Savings Bank1872 NCD 245,000.0083158TAA0 10/20/2022 1,1152.10010/20/2017 247,080.05 2.072 2.101245,000.00
Security Bank1777 NCD 245,000.00814107AQ1 04/19/2022 9312.00004/19/2017 246,180.90 1.973 2.001245,000.00
SunTrust Bank2125 NCD 245,000.0086789VZY6 09/26/2024 1,8222.00009/30/2019 245,213.15 1.974 2.002245,000.00
Stockman Bank1557 NCD 245,000.0086128QBX5 03/30/2023 1,2762.00003/30/2016 245,071.05 1.973 2.000245,000.00
Thomasville Natl Bank1266 NCD 245,000.00884693BJ0 04/12/2021 5592.40004/11/2014 248,153.15 2.367 2.400245,000.00
Crossfirst Bank of Leawood1804 NCD 245,000.0022766ABF1 06/09/2023 1,3472.15006/09/2017 247,724.40 2.121 2.151245,000.00
Toyota Financial Savings Bank1740 NCD 245,000.0089235MHU8 02/12/2024 1,5952.65002/10/2017 245,213.15245,000.00
Traverse City State Bank1820 NCD 245,000.00894333FF5 06/28/2022 1,0012.00006/28/2017 246,247.05 1.972 2.000245,000.00
UBS Bank USA1815 NCD 250,000.0090348JBR0 01/20/2022 8422.25006/15/2017 252,517.50 2.219 2.249250,000.00
United Community Bank GA1749 NCD 245,000.0090984P5A9 03/01/2022 8822.05003/01/2017 246,416.10 2.021 2.050245,000.00
Uinta Bank1639 NCD 245,000.00903572BC8 12/26/2023 1,5471.70006/24/2016 245,759.50 1.676 1.700245,000.00
United Community Bank1694 NCD 245,000.0090983WBD2 03/28/2022 9091.60009/29/2016 244,189.05 1.577 1.599245,000.00
Unity Bank1529 NCD 245,000.0091330ABF3 02/26/2021 5141.60002/26/2016 246,058.40 1.579 1.601245,000.00
Valley Central Savings Bank1422 NCD 245,000.0091944RAF5 12/30/2019 901.85012/29/2014 245,122.50 1.824 1.850245,000.00
Washington Federal2049 NCD 245,000.00938828BJ8 08/23/2024 1,7882.05008/23/2019 246,261.75 2.024 2.052245,000.00
Western State Bank1392 NCD 245,000.0095960NJA6 03/26/2020 1772.10009/26/2014 245,311.15 2.071 2.100245,000.00
Washington First Bank1745 NCD 245,000.00940727AH3 02/23/2022 8762.05002/23/2017 246,406.30 2.021 2.050245,000.00
Wells Fargo Bank1656 NCD 245,000.009497486H5 06/30/2021 6381.60006/30/2016 244,157.20 1.578 1.600245,000.00
Woodford State Bank1459 NCD 245,000.00979424AA6 07/29/2022 1,0322.35008/12/2015 250,706.05 2.317 2.349245,000.00
Washington County Bank1842 NCD 245,000.0093754PAN7 05/11/2022 9532.05008/11/2017 246,516.55 2.021 2.050245,000.00
Zions First National Bank1417 NCD 250,000.0098970TU79 12/10/2019 701.90012/08/2014 249,990.00 1.873 1.899250,000.00
Subtotal and Average 43,439,159.79 43,439,000.00 43,764,412.77 2.062 2.091 990
Corporate Medium Term Bonds
Apple, Inc.1461 MTN 750,000.00037833AX8 02/07/2020 1291.55008/13/2015 748,897.50 1.980 2.008748,854.76
Apple, Inc.1497 MTN 1,500,000.00037833BD1 05/06/2020 2182.00011/05/2015 1,500,780.00 1.854 1.8791,501,026.59
Apple, Inc.1543 MTN 700,000.00037833BS8 02/23/2021 5112.25002/23/2016 703,185.00 2.140 2.169700,726.23
Apple, Inc.2082 MTN 550,000.00037833AK6 05/03/2023 1,3102.40008/29/2019 559,058.50 1.726 1.750562,365.73
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 7
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Corporate Medium Term Bonds
Alphabet (Google) Inc.1657 MTN 100,000.0002079KAA5 05/19/2021 5963.62507/11/2016 102,726.00 1.271 1.288103,686.77
Alphabet (Google) Inc.1658 MTN 946,000.0038259PAB8 05/19/2021 5963.62507/11/2016 971,787.96 1.271 1.288980,876.88
Alphabet (Google) Inc.1660 MTN 1,500,000.0002079KAA5 05/19/2021 5963.62507/12/2016 1,540,890.00 1.238 1.2551,556,130.94
Alphabet (Google) Inc.1734 MTN 871,000.0002079KAA5 05/19/2021 5963.62501/11/2017 894,743.46 2.012 2.040892,465.14
Alphabet (Google) Inc.1895 MTN 1,000,000.0002079KAA5 05/19/2021 5963.62501/10/2018 1,027,260.00 2.189 2.2191,021,990.86
Alphabet (Google) Inc.1931 MTN 382,000.0002079KAA5 05/19/2021 5963.62502/14/2018 392,413.32 2.377 2.410389,243.15
Johnson & Johnson1411 MTN 2,000,000.00478160BM5 12/05/2019 651.87511/24/2014 2,000,240.00 1.874 1.9001,999,915.18
Johnson & Johnson1418 MTN 1,500,000.00478160BM5 12/05/2019 651.87512/08/2014 1,500,180.00 1.824 1.8501,500,062.98
Johnson & Johnson1624 MTN 1,000,000.00478160BS2 03/01/2021 5171.65006/07/2016 997,970.00 1.530 1.5511,001,310.92
Johnson & Johnson1900 MTN 500,000.00478160BS2 03/01/2021 5171.65001/12/2018 498,985.00 2.179 2.210496,185.95
Microsoft Corporation1448 MTN 2,000,000.00594918AY0 02/12/2020 1341.85002/12/2015 1,998,320.00 1.785 1.8102,000,273.49
Microsoft Corporation1496 MTN 2,000,000.00594918BG8 11/03/2020 3992.00011/05/2015 2,003,320.00 1.913 1.9402,001,220.91
Microsoft Corporation1515 MTN 900,000.00594918BG8 11/03/2020 3992.00001/07/2016 901,494.00 1.887 1.913900,804.77
Microsoft Corporation1878 MTN 100,000.00594918BW3 02/06/2022 8592.40012/11/2017 101,396.00 2.292 2.324100,167.87
Stanford University2046 MTN 2,000,000.00525555AB4 02/01/2024 1,5846.87505/14/2019 2,429,560.00 2.367 2.4002,364,527.05
Subtotal and Average 20,821,836.17 20,299,000.00 20,873,206.74 1.874 1.900 515
Federal Agency Bonds
Apple, Inc.2053 MTN 1,500,000.00037833CU2 05/11/2024 1,6842.85008/06/2019 1,556,235.00 1.998 2.0251,552,268.22
Federal Agricultural Mortgage1123 Call 1,500,000.0031315PQL6 11/29/2021 7902.00011/29/2012 1,496,175.00 1.972 2.0001,500,000.00
Federal Agricultural Mortgage1130 1,500,000.0031315PPX1 07/05/2022 1,0082.20012/13/2012 1,518,525.00 1.930 1.9571,509,135.30
Federal Agricultural Mortgage1134 750,000.0031315PB32 11/21/2022 1,1472.00012/19/2012 756,420.00 2.081 2.110747,672.46
Federal Agricultural Mortgage1136 1,500,000.0031315PTY5 12/27/2019 871.48012/27/2012 1,497,855.00 1.395 1.4151,500,220.63
Federal Agricultural Mortgage1137 1,500,000.0031315PUE7 12/27/2022 1,1832.18001/04/2013 1,521,675.00 2.165 2.1961,499,303.42
Federal Agricultural Mortgage1138 740,000.0031315PEY1 12/30/2019 904.50001/04/2013 744,477.00 1.514 1.535745,123.78
Federal Agricultural Mortgage1139 500,000.0031315PWN5 06/01/2021 6093.84001/04/2013 516,410.00 1.946 1.973514,268.58
Federal Agricultural Mortgage1141 1,500,000.0031315PUE7 12/27/2022 1,1832.18001/08/2013 1,521,675.00 2.195 2.2251,498,021.47
Federal Agricultural Mortgage1144 1,500,000.0031315PUE7 12/27/2022 1,1832.18001/23/2013 1,521,675.00 2.111 2.1411,501,693.21
Federal Agricultural Mortgage1147 2,595,000.0031315PUE7 12/27/2022 1,1832.18001/28/2013 2,632,497.75 2.199 2.2292,591,244.28
Federal Agricultural Mortgage1243 1,500,000.0031315PQT9 03/06/2020 1571.41001/15/2014 1,496,310.00 2.462 2.4961,493,529.75
Federal Agricultural Mortgage1244 1,500,000.0031315P3G2 09/09/2020 3442.80001/15/2014 1,512,240.00 2.635 2.6721,501,637.06
Federal Agricultural Mortgage1257 300,000.0031315PTU3 03/09/2021 5254.16003/06/2014 309,858.00 2.574 2.609306,078.95
Federal Agricultural Mortgage1264 1,500,000.0031315PK40 03/26/2021 5422.50003/26/2014 1,514,580.00 2.495 2.5301,499,379.02
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 8
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Federal Agency Bonds
Federal Agricultural Mortgage1279 1,250,000.0031315PPX1 07/05/2022 1,0082.20004/23/2014 1,265,437.50 2.889 2.9301,227,738.82
Federal Agricultural Mortgage1399 500,000.0031315PVF3 04/03/2020 1851.47510/15/2014 498,695.00 1.857 1.882499,024.34
Federal Agricultural Mortgage1406 1,500,000.0031315PA58 11/20/2019 501.31011/07/2014 1,499,010.00 1.854 1.8801,498,894.46
Federal Agricultural Mortgage1408 2,000,000.0031315PM22 11/20/2019 501.84011/20/2014 2,000,160.00 1.814 1.8402,000,000.00
Federal Agricultural Mortgage1410 1,500,000.0031315PM22 11/20/2019 501.84011/20/2014 1,500,120.00 1.848 1.8731,499,934.67
Federal Agricultural Mortgage1423 1,500,000.0031315PZ85 12/23/2019 831.85012/23/2014 1,499,205.00 1.851 1.8761,499,913.22
Federal Agricultural Mortgage1427 675,000.0031315P2C2 05/05/2021 5822.51001/09/2015 682,155.00 2.110 2.140678,702.56
Federal Agricultural Mortgage1428 404,000.0031315PL23 03/27/2024 1,6393.33001/09/2015 431,884.08 2.540 2.575416,101.01
Federal Agricultural Mortgage1433 1,604,000.0031315PD89 06/12/2023 1,3502.61001/22/2015 1,654,830.76 2.269 2.3011,620,568.99
Federal Agricultural Mortgage1447 1,450,000.0031315PD89 06/12/2023 1,3502.61002/09/2015 1,495,950.50 2.377 2.4101,459,646.54
Federal Agricultural Mortgage1452 1,000,000.003130H0AJ2 03/01/2022 8822.15003/05/2015 1,008,880.00 2.120 2.1501,000,000.00
Federal Agricultural Mortgage1576 1,000,000.0031315PZS1 01/24/2023 1,2112.13004/06/2016 1,013,160.00 1.839 1.8641,008,206.26
Federal Agricultural Mortgage1580 474,000.0031315PEM7 08/04/2025 2,1344.35004/08/2016 539,298.24 2.296 2.328524,057.93
Federal Agricultural Mortgage1595 1,500,000.0031315P2J7 05/01/2024 1,6743.30004/21/2016 1,603,605.00 2.084 2.1121,574,695.33
Federal Agricultural Mortgage1604 1,500,000.0031315P2J7 05/01/2024 1,6743.30004/26/2016 1,603,605.00 2.159 2.1891,569,643.15
Federal Agricultural Mortgage1617 500,000.0031315PUE7 12/27/2022 1,1832.18005/26/2016 507,225.00 1.844 1.870504,691.54
Federal Agricultural Mortgage1655 1,500,000.0031315PQT9 03/06/2020 1571.41007/01/2016 1,496,310.00 0.992 1.0051,502,555.75
Federal Agricultural Mortgage1663 510,000.0031315PQT9 03/06/2020 1571.41007/21/2016 508,745.40 1.135 1.150510,555.29
Federal Agricultural Mortgage1665 2,000,000.003132X0BH3 07/15/2022 1,0182.38007/25/2016 2,034,840.00 1.499 1.5202,045,679.67
Federal Agricultural Mortgage1681 1,750,000.003132X0BG5 06/15/2020 2581.75008/24/2016 1,747,410.00 1.136 1.1521,757,201.81
Federal Agricultural Mortgage1698 1,500,000.003132X0EQ0 01/25/2021 4821.55010/03/2016 1,494,405.00 1.256 1.2741,505,282.11
Federal Agricultural Mortgage1710 1,500,000.0031315PRA9 02/03/2026 2,3174.81010/18/2016 1,757,430.00 2.131 2.1601,727,074.35
Federal Agricultural Mortgage1755 1,000,000.003132X0PX3 02/23/2022 8762.10002/23/2017 1,007,590.00 2.034 2.0631,000,835.66
Federal Agricultural Mortgage1758 1,500,000.003132X0PX3 02/23/2022 8762.10003/02/2017 1,511,385.00 2.085 2.1141,499,494.64
Federal Agricultural Mortgage1769 1,500,000.003132X0RS2 04/06/2022 9182.07504/06/2017 1,511,445.00 2.046 2.0751,500,000.00
Federal Agricultural Mortgage1781 1,000,000.003132X0QG9 02/22/2021 5101.90004/12/2017 1,000,870.00 1.781 1.8051,001,256.46
Federal Agricultural Mortgage1788 1,000,000.003132X0NZ0 01/03/2022 8252.10005/04/2017 1,006,860.00 1.938 1.9651,002,892.05
Federal Agricultural Mortgage1789 Call 1,000,000.003130H0BN2 05/01/2027 2,7693.20005/11/2017 1,000,920.00 3.156 3.2001,000,000.00
Federal Agricultural Mortgage1817 1,000,000.0031315PPX1 07/05/2022 1,0082.20006/14/2017 1,012,350.00 1.908 1.9341,006,943.26
Federal Agricultural Mortgage1830 1,500,000.003132X0UA7 06/29/2022 1,0021.88006/29/2017 1,505,550.00 1.903 1.9301,498,040.47
Federal Agricultural Mortgage1831 1,000,000.003132X0UA7 06/29/2022 1,0021.88006/29/2017 1,003,700.00 1.923 1.949998,178.24
Federal Agricultural Mortgage1867 1,000,000.003132X0WL1 08/23/2024 1,7882.25010/06/2017 1,024,410.00 2.332 2.365994,821.41
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 9
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Federal Agency Bonds
Federal Agricultural Mortgage1877 1,500,000.003132X0ZZ7 12/12/2022 1,1682.26012/12/2017 1,525,125.00 2.229 2.2601,500,000.00
Federal Agricultural Mortgage1889 2,000,000.003132X0D57 01/08/2021 4652.12001/08/2018 2,007,020.00 2.090 2.1202,000,000.00
Federal Agricultural Mortgage1893 1,000,000.003130H0AU7 08/01/2024 1,7662.62501/09/2018 1,041,440.00 2.546 2.5811,001,907.96
Federal Agricultural Mortgage1901 1,500,000.003130H0AU7 08/01/2024 1,7662.62501/11/2018 1,562,160.00 2.623 2.6601,497,675.99
Federal Agricultural Mortgage1911 1,500,000.003132X0G21 02/03/2020 1252.10002/02/2018 1,500,465.00 2.093 2.1231,499,885.78
Federal Agricultural Mortgage1912 2,000,000.003132X0G39 01/30/2023 1,2172.50001/30/2018 2,050,300.00 2.472 2.5071,999,547.04
Federal Agricultural Mortgage1915 1,500,000.003132X0G39 01/30/2023 1,2172.50001/30/2018 1,537,725.00 2.481 2.5151,499,258.62
Federal Agricultural Mortgage1921 2,000,000.003132X0G39 01/30/2023 1,2172.50001/31/2018 2,050,300.00 2.556 2.5921,994,279.44
Federal Agricultural Mortgage1924 1,100,000.0031315PZS1 01/24/2023 1,2112.13002/08/2018 1,114,476.00 2.578 2.6141,083,541.14
Federal Agricultural Mortgage1927 1,000,000.003132X0H79 02/22/2021 5102.35002/22/2018 1,007,030.00 2.327 2.360999,865.47
Federal Agricultural Mortgage1928 1,500,000.003132X0H87 02/22/2023 1,2402.60002/22/2018 1,543,305.00 2.564 2.6001,500,000.00
Federal Agricultural Mortgage1930 1,000,000.003132X0G21 02/03/2020 1252.10002/09/2018 1,000,310.00 2.174 2.205999,653.28
Federal Agricultural Mortgage1935 1,000,000.003132X0G21 02/03/2020 1252.10002/15/2018 1,000,310.00 2.238 2.269999,439.97
Federal Agricultural Mortgage1936 1,500,000.003132X0L33 02/21/2023 1,2392.77002/23/2018 1,551,630.00 2.732 2.7701,500,000.00
Federal Agricultural Mortgage1957 Call 1,000,000.003130H0CB7 10/01/2028 3,2884.00010/25/2018 1,006,950.00 3.945 4.0001,000,000.00
Federal Agricultural Mortgage1963 Call 1,500,000.003132X06X4 11/01/2023 1,4923.50011/01/2018 1,501,815.00 3.452 3.5001,500,000.00
Federal Agricultural Mortgage1999 549,000.0031315P4B2 01/30/2024 1,5823.46012/14/2018 588,582.90 3.018 3.060557,728.15
Federal Agricultural Mortgage2020 Call 1,500,000.0031422BBN9 01/22/2029 3,4013.87501/22/2019 1,504,500.00 3.821 3.8751,500,000.00
Federal Agricultural Mortgage2034 1,000,000.0031422BEJ5 04/09/2024 1,6522.35004/09/2019 1,027,050.00 2.365 2.398997,946.91
Federal Agricultural Mortgage2035 678,000.0031315PCY3 11/20/2024 1,8775.25004/08/2019 793,260.00 2.420 2.454768,413.30
Federal Agricultural Mortgage2037 Call 1,000,000.003130H0CD3 04/01/2029 3,4703.37504/18/2019 1,004,290.00 3.328 3.3751,000,000.00
Federal Agricultural Mortgage2044 Call 1,500,000.003130H0CE1 05/01/2029 3,5003.40005/02/2019 1,507,290.00 3.354 3.4011,500,000.00
Federal Agricultural Mortgage2098 550,000.0031315PEM7 08/04/2025 2,1344.35009/09/2019 625,768.00 1.659 1.683631,237.11
Federal Farm Credit Bank903 1,000,000.0031331JN90 09/29/2020 3642.87509/29/2010 1,010,550.00 2.835 2.8751,000,000.00
Federal Farm Credit Bank .1241 500,000.003133ECRH9 06/06/2023 1,3442.45001/09/2014 514,980.00 3.383 3.430484,692.28
Federal Farm Credit Bank .1526 625,000.003133EAA65 07/26/2023 1,3942.12501/27/2016 636,962.50 2.024 2.052626,604.76
Federal Farm Credit Bank .1563 500,000.0031331XSS2 03/14/2022 8955.16003/17/2016 541,815.00 1.876 1.902537,586.04
Federal Farm Credit Bank .1585 Call 1,500,000.003133EF4A2 04/19/2022 9311.92004/19/2016 1,500,015.00 1.893 1.9201,500,000.00
Federal Farm Credit Bank .1593 250,000.003133EC4L5 11/23/2021 7841.61004/21/2016 249,335.00 1.558 1.580250,152.52
Federal Farm Credit Bank .1596 1,000,000.003133ECPF5 05/13/2022 9551.87504/21/2016 1,005,800.00 1.578 1.6001,006,829.72
Federal Farm Credit Bank .1598 Call 1,000,000.003133EFX44 10/05/2022 1,1002.05004/22/2016 997,600.00 2.021 2.0491,000,000.00
Federal Farm Credit Bank .1615 1,000,000.003133EC7D0 12/13/2024 1,9002.12505/13/2016 1,022,740.00 1.930 1.9561,008,009.01
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 10
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Federal Agency Bonds
Federal Farm Credit Bank .1638 Call 2,000,000.003133EGGR0 06/22/2026 2,4562.50006/22/2016 2,000,060.00 2.582 2.6182,000,000.00
Federal Farm Credit Bank .1647 Call 1,500,000.003133EGJH9 01/06/2025 1,9242.24007/06/2016 1,486,290.00 2.209 2.2401,500,000.00
Federal Farm Credit Bank .1650 1,500,000.003133EGKM6 07/06/2020 2791.00007/06/2016 1,490,775.00 0.986 1.0001,500,000.00
Federal Farm Credit Bank .1659 500,000.0031331XSS2 03/14/2022 8955.16007/08/2016 541,815.00 1.215 1.232546,381.24
Federal Farm Credit Bank .1664 Call 1,500,000.003133EGFB6 06/16/2025 2,0852.36007/25/2016 1,499,070.00 2.309 2.3411,501,444.47
Federal Farm Credit Bank .1675 Call 1,500,000.003133EGQA6 11/08/2023 1,4991.85008/09/2016 1,500,000.00 1.859 1.8851,498,004.44
Federal Farm Credit Bank .1679 Call 1,350,000.003133EGQH1 08/10/2026 2,5052.14008/18/2016 1,338,727.50 2.110 2.1391,350,000.00
Federal Farm Credit Bank .1701 Call 1,625,000.003133EGXB6 10/05/2026 2,5612.14010/06/2016 1,625,048.75 2.154 2.1841,620,441.51
Federal Farm Credit Bank .1705 Call 1,000,000.003133EGYL3 10/17/2025 2,2082.09010/17/2016 1,000,020.00 2.061 2.0901,000,000.00
Federal Farm Credit Bank .1782 500,000.0031331XHX3 12/21/2021 8125.05004/12/2017 536,045.00 1.884 1.910533,210.42
Federal Farm Credit Bank .1787 900,000.003133EEVD9 03/25/2024 1,6372.30005/04/2017 926,046.00 2.274 2.306899,759.95
Federal Farm Credit Bank .1822 500,000.003133EDWX6 10/07/2024 1,8332.91006/21/2017 530,050.00 2.143 2.172517,004.32
Federal Farm Credit Bank .1843 445,000.003133ED6R8 11/07/2022 1,1332.93009/14/2017 462,719.90 1.870 1.896458,513.00
Federal Farm Credit Bank .1848 Call 1,000,000.003133EGCR4 06/01/2023 1,3392.07009/18/2017 999,360.00 2.135 2.165996,727.33
Federal Farm Credit Bank .1885 600,000.003133EC2B9 11/09/2021 7701.70012/29/2017 599,496.00 2.161 2.191594,077.78
Federal Farm Credit Bank .1932 1,500,000.003133EJDE6 02/16/2023 1,2342.57002/16/2018 1,546,995.00 2.605 2.6421,496,606.42
Federal Farm Credit Bank .1997 Call 1,500,000.003133EJZ93 12/05/2028 3,3534.07012/10/2018 1,504,305.00 3.946 4.0011,507,760.26
Federal Farm Credit Bank .2004 1,500,000.003133EJ2R9 12/14/2020 4402.75012/20/2018 1,516,140.00 2.663 2.7001,500,864.18
Federal Farm Credit Bank .2009 Call 1,500,000.003133EJG78 10/16/2024 1,8423.64001/04/2019 1,500,720.00 3.496 3.5451,506,387.81
Federal Farm Credit Bank .2016 500,000.003133EEG79 09/07/2023 1,4372.15001/15/2019 509,915.00 2.656 2.693490,005.43
Federal Farm Credit Bank .2017 650,000.003133EC2C7 11/09/2023 1,5002.13001/15/2019 663,422.50 2.662 2.699635,828.29
Federal Farm Credit Bank .2048 Call 1,500,000.003133EKXB7 08/01/2028 3,2272.89008/01/2019 1,500,165.00 2.875 2.9151,497,055.56
Federal Farm Credit Bank .2050 Call 1,000,000.003133EKXS0 07/30/2029 3,5902.95007/31/2019 1,000,030.00 2.909 2.9501,000,000.00
Federal Farm Credit Bank .2051 Call 1,500,000.003133EKYK6 11/06/2025 2,2282.62008/06/2019 1,500,105.00 2.584 2.6201,500,000.00
Federal Farm Credit Bank .2056 Call 1,000,000.003133EKZF6 08/13/2029 3,6042.77008/13/2019 987,770.00 2.732 2.7701,000,000.00
Federal Farm Credit Bank .2057 Call 1,000,000.003133EKZR0 05/13/2024 1,6862.22008/13/2019 992,680.00 2.189 2.2201,000,000.00
Federal Farm Credit Bank .2060 Call 1,000,000.003133EKZX7 08/19/2027 2,8792.54008/19/2019 991,730.00 2.505 2.5401,000,000.00
Federal Farm Credit Bank .2064 Call 1,000,000.003133EKZE9 08/14/2028 3,2402.69008/14/2019 987,830.00 2.653 2.6901,000,000.00
Federal Farm Credit Bank .2065 Call 1,000,000.003133EKB88 08/19/2025 2,1492.37008/19/2019 993,610.00 2.337 2.3701,000,000.00
Federal Farm Credit Bank .2067 Call 1,500,000.003133EKYY6 02/12/2026 2,3262.55008/14/2019 1,496,880.00 2.514 2.5491,500,000.00
Federal Farm Credit Bank .2068 Call 1,500,000.003133EKYY6 02/12/2026 2,3262.55008/15/2019 1,496,880.00 2.515 2.5491,500,000.00
Federal Farm Credit Bank .2071 Call 1,500,000.003133EKD78 08/21/2026 2,5162.53008/21/2019 1,487,415.00 2.495 2.5301,500,000.00
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 11
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Federal Agency Bonds
Federal Farm Credit Bank .2072 Call 1,500,000.003133EKE36 02/22/2029 3,4322.73008/22/2019 1,483,275.00 2.692 2.7301,500,000.00
Federal Farm Credit Bank .2073 Call 1,500,000.003133EKXC5 07/29/2027 2,8582.78008/20/2019 1,500,345.00 2.735 2.7731,500,637.23
Federal Farm Credit Bank .2075 Call 1,500,000.003133EKE69 08/27/2029 3,6182.74008/27/2019 1,485,300.00 2.708 2.7451,499,257.08
Federal Farm Credit Bank .2080 Call 1,000,000.003133EKD94 02/22/2027 2,7012.57008/27/2019 988,880.00 2.544 2.580999,318.71
Federal Farm Credit Bank .2081 Call 1,000,000.003133EKD78 08/21/2026 2,5162.53008/27/2019 991,610.00 2.495 2.5291,000,000.00
Federal Farm Credit Bank .2088 Call 1,000,000.003133EKJ23 03/03/2026 2,3452.45009/03/2019 989,420.00 2.416 2.4501,000,000.00
Federal Farm Credit Bank .2092 Call 1,500,000.003133EKZX7 08/19/2027 2,8792.54009/04/2019 1,487,595.00 2.505 2.5391,500,000.00
Federal Farm Credit Bank .2093 Call 1,500,000.003133EGJL0 01/05/2028 3,0182.65009/05/2019 1,500,000.00 2.614 2.6501,499,925.65
Federal Farm Credit Bank .2118 Call 1,000,000.003133EKZW9 08/19/2027 2,8792.37009/18/2019 999,460.00 2.389 2.422996,267.10
Federal Farm Credit Bank .2122 Call 1,500,000.003133EKU61 03/30/2029 3,4682.67009/30/2019 1,498,530.00 2.633 2.6701,500,000.00
Federal Farm Credit Bank .2126 Call 1,500,000.003133EKU61 03/30/2029 3,4682.67009/30/2019 1,498,530.00 2.648 2.6841,498,125.55
Federal Home Loan Bank1041 1,500,000.00313378LA7 02/25/2022 8782.33003/20/2012 1,525,845.00 2.298 2.3301,500,000.00
Federal Home Loan Bank1073 2,000,000.00313379EC9 11/18/2020 4142.00005/18/2012 2,003,400.00 1.972 2.0002,000,000.00
Federal Home Loan Bank1125 1,500,000.00313381C94 12/13/2019 731.25011/30/2012 1,497,900.00 1.196 1.2121,500,106.73
Federal Home Loan Bank1126 Call 750,000.00313381DA0 12/05/2022 1,1612.19012/05/2012 749,227.50 2.165 2.195749,880.83
Federal Home Loan Bank1131 1,500,000.00313381C94 12/13/2019 731.25012/13/2012 1,497,900.00 1.232 1.2491,500,000.00
Federal Home Loan Bank1146 Call 212,500.00313381DA0 12/05/2022 1,1612.19001/25/2013 212,281.13 2.201 2.232212,243.21
Federal Home Loan Bank1156 1,315,000.003133XHRJ3 12/10/2021 8015.00002/25/2013 1,409,614.25 1.825 1.8501,398,406.01
Federal Home Loan Bank1240 1,500,000.00313371U79 12/11/2020 4373.12501/09/2014 1,522,920.00 2.615 2.6511,507,692.38
Federal Home Loan Bank1248 1,500,000.003130A0J27 01/07/2020 982.22001/23/2014 1,501,440.00 2.194 2.2251,499,980.52
Federal Home Loan Bank1253 1,500,000.003130A12B3 03/13/2020 1642.12502/24/2014 1,501,395.00 2.095 2.1241,500,000.00
Federal Home Loan Bank1261 1,500,000.00313382K69 03/12/2021 5281.75003/13/2014 1,499,895.00 2.418 2.4511,486,079.43
Federal Home Loan Bank1267 1,500,000.00313370US5 09/11/2020 3462.87504/02/2014 1,514,205.00 2.271 2.3031,507,488.36
Federal Home Loan Bank1270 200,000.00313379EC9 11/18/2020 4142.00004/08/2014 200,340.00 2.263 2.295199,384.03
Federal Home Loan Bank1272 550,000.00313379EC9 11/18/2020 4142.00004/09/2014 550,935.00 2.263 2.295548,305.36
Federal Home Loan Bank1577 1,500,000.003130A7Q73 12/08/2021 7991.53004/08/2016 1,494,660.00 1.450 1.4701,501,872.60
Federal Home Loan Bank1583 Call 1,690,000.003130A7RS6 04/27/2026 2,4002.65004/27/2016 1,690,016.90 2.619 2.6551,689,444.65
Federal Home Loan Bank1587 Call 1,500,000.003130A7TA3 04/28/2023 1,3052.07004/28/2016 1,499,055.00 2.041 2.0701,500,000.00
Federal Home Loan Bank1605 1,000,000.00313382K69 03/12/2021 5281.75004/27/2016 999,930.00 1.490 1.5111,003,313.03
Federal Home Loan Bank1619 500,000.003133827D9 02/08/2021 4961.75006/02/2016 499,000.00 1.476 1.496501,648.90
Federal Home Loan Bank1620 400,000.003133XDVS7 12/11/2020 4375.25006/02/2016 415,960.00 1.461 1.481417,352.89
Federal Home Loan Bank1628 Call 1,500,000.003130A8F99 06/15/2026 2,4492.58006/15/2016 1,500,060.00 2.544 2.5801,500,000.00
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 12
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Federal Agency Bonds
Federal Home Loan Bank1632 Call 2,000,000.003130A8J46 06/29/2026 2,4632.52006/29/2016 2,000,100.00 2.485 2.5202,000,000.00
Federal Home Loan Bank1633 Call 1,363,636.273130A8J79 12/27/2024 1,9142.35006/27/2016 1,363,649.91 2.317 2.3501,363,636.27
Federal Home Loan Bank1635 Call 1,500,000.003130A8JG9 06/22/2023 1,3602.07006/22/2016 1,499,940.00 2.041 2.0701,500,000.00
Federal Home Loan Bank1637 Call 909,091.003130A8J79 12/27/2024 1,9142.35006/27/2016 909,100.09 2.317 2.350909,091.00
Federal Home Loan Bank1640 Call 1,500,000.003130A8JX2 06/29/2026 2,4632.54006/29/2016 1,500,060.00 2.505 2.5401,500,000.00
Federal Home Loan Bank1643 Call 1,500,000.003130A8HF3 09/23/2025 2,1842.44006/23/2016 1,500,015.00 2.430 2.4641,498,061.26
Federal Home Loan Bank1644 Call 1,500,000.003130A8HT3 12/29/2025 2,2812.47006/29/2016 1,496,505.00 2.451 2.4851,498,747.82
Federal Home Loan Bank1648 Call 1,500,000.003130A8J46 06/29/2026 2,4632.52006/29/2016 1,500,075.00 2.425 2.4591,500,303.50
Federal Home Loan Bank1649 250,000.003130A0EN6 12/10/2021 8012.87506/28/2016 256,440.00 1.232 1.249258,582.18
Federal Home Loan Bank1651 Call 1,500,000.003130A8MQ3 10/12/2022 1,1071.87507/12/2016 1,500,015.00 1.849 1.8751,500,000.00
Federal Home Loan Bank1652 Call 980,000.003130A8F99 06/15/2026 2,4492.58006/29/2016 980,039.20 2.524 2.560981,149.21
Federal Home Loan Bank1661 Call 1,000,000.003130A8SJ3 11/01/2024 1,8582.15008/01/2016 1,000,030.00 2.120 2.1501,000,000.00
Federal Home Loan Bank1662 Call 1,500,000.003130A8R54 07/28/2023 1,3961.80007/28/2016 1,492,980.00 1.795 1.8201,498,927.09
Federal Home Loan Bank1667 Call 1,500,000.003130A8VP5 08/23/2024 1,7882.00008/23/2016 1,500,315.00 1.972 2.0001,500,000.00
Federal Home Loan Bank1668 Call 1,500,000.003130A8VN0 11/17/2023 1,5081.94008/17/2016 1,500,045.00 1.913 1.9401,500,000.00
Federal Home Loan Bank1690 Call 1,000,000.003130A94L2 09/02/2026 2,5282.12509/15/2016 1,000,000.00 2.129 2.158997,916.64
Federal Home Loan Bank1695 Call 1,500,000.003130A9N64 10/06/2026 2,5622.15010/06/2016 1,500,030.00 2.120 2.1501,500,000.00
Federal Home Loan Bank1697 Call 1,000,000.003130A9N64 10/06/2026 2,5622.15010/06/2016 1,000,020.00 2.131 2.161999,298.61
Federal Home Loan Bank1699 500,000.003133827E7 02/06/2023 1,2242.13010/05/2016 508,150.00 1.578 1.600508,399.61
Federal Home Loan Bank1700 Call 1,500,000.003130A9P62 10/13/2026 2,5692.20010/13/2016 1,483,080.00 2.169 2.2001,500,000.00
Federal Home Loan Bank1702 Call 2,000,000.003130A9PT2 10/26/2026 2,5822.23010/26/2016 1,995,560.00 2.199 2.2302,000,000.00
Federal Home Loan Bank1706 Call 310,000.003130A9PT2 10/26/2026 2,5822.23010/26/2016 309,311.80 2.214 2.245309,706.34
Federal Home Loan Bank1707 Call 1,000,000.003130A9RH6 10/20/2026 2,5762.30010/20/2016 1,000,020.00 2.270 2.302999,858.94
Federal Home Loan Bank1709 Call 1,000,000.003130A9RH6 10/20/2026 2,5762.30010/20/2016 1,000,020.00 2.271 2.302999,823.68
Federal Home Loan Bank1713 Call 2,000,000.003130A9XC0 11/17/2026 2,6042.36011/17/2016 2,000,060.00 2.327 2.3602,000,000.00
Federal Home Loan Bank1716 Call 1,500,000.003130A9XC0 11/17/2026 2,6042.36011/17/2016 1,500,045.00 2.361 2.3931,496,792.50
Federal Home Loan Bank1717 Call 1,500,000.003130AA2Z0 11/23/2026 2,6102.69011/23/2016 1,500,060.00 2.653 2.6901,500,000.00
Federal Home Loan Bank1718 Call 205,000.003130AA2Z0 11/23/2026 2,6102.69011/23/2016 205,008.20 2.682 2.720204,616.27
Federal Home Loan Bank1724 Call 800,000.003130AAEX2 12/28/2021 8192.15012/28/2016 800,016.00 2.120 2.150800,000.00
Federal Home Loan Bank1727 1,000,000.003130AABG2 11/29/2021 7901.87512/16/2016 1,004,070.00 2.168 2.198993,378.05
Federal Home Loan Bank1751 Call 325,000.003130A8HF3 09/23/2025 2,1842.44002/15/2017 325,003.25 2.836 2.875317,549.97
Federal Home Loan Bank1763 1,910,000.003133XHRJ3 12/10/2021 8015.00003/10/2017 2,047,424.50 2.150 2.1802,021,534.89
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 13
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Federal Agency Bonds
Federal Home Loan Bank1780 1,000,000.00313378CR0 03/11/2022 8922.25004/12/2017 1,014,320.00 1.903 1.9301,007,417.07
Federal Home Loan Bank1823 Call 1,071,428.573130ABJW7 06/27/2024 1,7312.55006/27/2017 1,071,439.28 2.515 2.5501,071,428.57
Federal Home Loan Bank1847 Call 500,000.003130A7TA3 04/28/2023 1,3052.07009/18/2017 499,685.00 2.131 2.161498,470.89
Federal Home Loan Bank1854 Call 1,500,000.003130ACH64 10/26/2022 1,1212.25010/26/2017 1,493,100.00 2.219 2.2501,500,000.00
Federal Home Loan Bank1860 Call 500,000.003130AAWE4 03/08/2022 8892.22009/28/2017 500,025.00 2.116 2.146500,852.33
Federal Home Loan Bank1862 Call 1,000,000.003130ACK94 10/10/2024 1,8362.53010/10/2017 1,000,140.00 2.495 2.5301,000,000.00
Federal Home Loan Bank1873 Call 1,500,000.003130ACMH4 10/16/2024 1,8422.50010/16/2017 1,508,910.00 2.465 2.5001,500,000.00
Federal Home Loan Bank1886 1,000,000.003130A3VC5 12/08/2023 1,5292.25001/03/2018 1,023,690.00 2.359 2.392994,466.10
Federal Home Loan Bank1896 1,000,000.003130A3DL5 09/08/2023 1,4382.37501/09/2018 1,028,850.00 2.376 2.409998,743.88
Federal Home Loan Bank1903 500,000.003130ADEV0 01/17/2023 1,2042.38001/18/2018 512,590.00 2.385 2.418499,406.67
Federal Home Loan Bank1918 1,000,000.003130ADJH6 01/29/2020 1202.10001/29/2018 1,000,780.00 2.083 2.112999,961.65
Federal Home Loan Bank1979 Call 1,500,000.003130AFFJ1 11/21/2028 3,3394.08011/21/2018 1,502,880.00 4.024 4.0801,500,000.00
Federal Home Loan Bank1996 Call 1,000,000.003130AFG84 11/29/2028 3,3473.87512/06/2018 1,027,940.00 3.823 3.876999,908.21
Federal Home Loan Bank2062 Call 1,000,000.003130AGVP7 08/19/2027 2,8792.60008/19/2019 987,610.00 2.564 2.6001,000,000.00
Federal Home Loan Bank2070 Call 1,000,000.003130AGVP7 08/19/2027 2,8792.60008/19/2019 987,610.00 2.578 2.614998,965.31
Federal Home Loan Bank2078 Call 1,500,000.003130AGYA7 09/04/2029 3,6262.75009/04/2019 1,477,545.00 2.712 2.7501,500,000.00
Federal Home Loan Bank2079 Call 1,000,000.003130A8J53 06/27/2028 3,1922.78008/27/2019 987,360.00 2.742 2.780999,963.40
Federal Home Loan Bank2083 Call 1,000,000.003130AGYA7 09/04/2029 3,6262.75009/04/2019 985,030.00 2.712 2.7501,000,000.00
Federal Home Loan Bank2094 Call 1,000,000.003130A8HD8 06/27/2028 3,1922.68009/05/2019 989,870.00 2.629 2.6661,000,000.00
Federal Home Loan Bank2108 Call 1,500,000.003130AH2V4 09/17/2029 3,6392.70009/17/2019 1,498,575.00 2.663 2.7001,500,000.00
Federal Home Loan Bank2113 Call 1,000,000.003130AH2V4 09/17/2029 3,6392.70009/17/2019 999,050.00 2.702 2.740996,513.61
Federal Home Loan Bank2114 Call 2,000,000.003130AH3X9 09/24/2025 2,1852.45009/24/2019 1,998,420.00 2.416 2.4502,000,000.00
Federal Home Loan Bank2117 Call 1,500,000.003130AH4J9 09/27/2029 3,6492.75009/27/2019 1,500,495.00 2.712 2.7501,500,000.00
Fed. Home Loan Mortgage Corp.1113 1,500,000.003134G3L73 12/26/2019 861.50009/26/2012 1,498,590.00 1.479 1.5001,500,000.00
Fed. Home Loan Mortgage Corp.1273 2,000,000.003134G45T1 12/10/2021 8012.00004/10/2014 2,013,040.00 2.564 2.6001,976,284.26
Fed. Home Loan Mortgage Corp.1277 1,000,000.003134G45T1 12/10/2021 8012.00004/22/2014 1,006,520.00 2.643 2.680986,597.34
Fed. Home Loan Mortgage Corp.1286 300,000.003134G35V8 03/13/2020 1641.65005/02/2014 299,661.00 2.053 2.082299,452.99
Fed. Home Loan Mortgage Corp.1287 300,000.003134G3U40 11/21/2019 511.45005/02/2014 299,793.00 1.938 1.965299,797.40
Fed. Home Loan Mortgage Corp.1291 1,000,000.003134G3K58 03/19/2020 1701.50005/06/2014 998,150.00 2.041 2.070997,506.64
Fed. Home Loan Mortgage Corp.1292 1,000,000.003134G44G0 05/22/2020 2341.50005/06/2014 997,580.00 2.091 2.120996,283.41
Fed. Home Loan Mortgage Corp.1301 1,000,000.003134G3L73 12/26/2019 861.50005/13/2014 999,060.00 1.945 1.972998,949.58
Fed. Home Loan Mortgage Corp.1678 Call 1,000,000.003134GAEF7 09/29/2021 7291.65009/29/2016 996,690.00 1.627 1.6501,000,000.00
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 14
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Federal Agency Bonds
Fed. Home Loan Mortgage Corp.1828 Call 1,500,000.003134GBNX6 05/28/2021 6052.00006/28/2017 1,500,405.00 1.969 1.9961,500,000.00
Fed. Home Loan Mortgage Corp.1835 Call 1,500,000.003134GBXU1 07/27/2022 1,0302.25007/27/2017 1,500,345.00 2.219 2.2501,500,000.00
Fed. Home Loan Mortgage Corp.1836 Call 1,000,000.003134GBXU1 07/27/2022 1,0302.25007/27/2017 1,000,230.00 2.219 2.2501,000,000.00
Fed. Home Loan Mortgage Corp.1837 Call 1,000,000.003134GBXU1 07/27/2022 1,0302.25007/27/2017 1,000,230.00 2.234 2.265999,576.67
Fed. Home Loan Mortgage Corp.1853 Call 660,000.003134GBK92 10/12/2022 1,1072.20010/12/2017 660,085.80 2.169 2.200660,000.00
Fed. Home Loan Mortgage Corp.2036 Call 1,500,000.003134GTFQ1 04/30/2024 1,6732.85004/30/2019 1,500,840.00 2.810 2.8501,500,000.00
Fed. Home Loan Mortgage Corp.2112 Call 1,500,000.003134GTF73 07/25/2029 3,5852.82009/16/2019 1,500,150.00 2.781 2.8191,500,000.00
Federal National Mortgage Asso1048 2,000,000.003136G0AW1 10/16/2020 3812.35004/16/2012 2,010,240.00 2.317 2.3502,000,000.00
Federal National Mortgage Asso1059 2,000,000.003136G0DU2 04/30/2020 2122.00004/30/2012 2,001,860.00 1.972 2.0002,000,000.00
Federal National Mortgage Asso1061 1,500,000.003136G0EC1 04/30/2020 2122.05004/30/2012 1,500,525.00 2.021 2.0501,500,000.00
Federal National Mortgage Asso1066 2,000,000.003136G0FJ5 10/30/2020 3952.00004/30/2012 2,002,700.00 1.972 2.0002,000,000.00
Federal National Mortgage Asso1268 1,500,000.003136FTR43 08/28/2020 3322.00004/08/2014 1,500,225.00 2.172 2.2021,497,438.74
Federal National Mortgage Asso1276 1,000,000.003136G0U58 04/30/2021 5771.75004/16/2014 1,000,910.00 2.364 2.397990,636.42
Federal National Mortgage Asso1288 250,000.003136G0M57 04/09/2021 5561.75005/02/2014 249,867.50 2.452 2.486247,438.86
Federal National Mortgage Asso1654 1,000,000.003136G0EG2 04/23/2021 5702.28006/30/2016 1,007,610.00 1.171 1.1871,016,528.57
Federal National Mortgage Asso1669 Call 1,350,000.003136G3XZ3 07/28/2021 6661.50007/28/2016 1,342,156.50 1.505 1.5261,349,384.06
Federal National Mortgage Asso1687 Call 1,050,000.003136G36A8 09/27/2024 1,8232.00009/27/2016 1,042,912.50 1.972 2.0001,050,000.00
Federal National Mortgage Asso1715 500,000.0031364CCC0 04/30/2026 2,4037.12511/10/2016 667,930.00 2.367 2.400638,319.09
Federal National Mortgage Asso1883 500,000.003136G05L1 08/26/2022 1,0602.00012/29/2017 503,930.00 2.238 2.270496,297.32
Federal National Mortgage Asso1894 1,000,000.003135G0T78 10/05/2022 1,1002.00001/09/2018 1,010,160.00 2.288 2.320990,913.72
Federal National Mortgage Asso1904 1,000,000.003135G0T78 10/05/2022 1,1002.00001/19/2018 1,010,160.00 2.409 2.443987,462.54
Federal National Mortgage Asso1922 1,000,000.003136G0P62 10/15/2020 3801.50002/05/2018 994,930.00 2.268 2.300991,981.75
Federal National Mortgage Asso1926 1,500,000.003135G0T94 01/19/2023 1,2062.37502/08/2018 1,537,275.00 2.574 2.6101,489,149.14
Federal National Mortgage Asso1960 Call 250,000.003136G33H6 08/24/2026 2,5192.10010/24/2018 248,497.50 3.603 3.653226,886.97
Tennessee Valley Authority1132 500,000.00880591EL2 02/15/2021 5033.87512/14/2012 514,075.00 1.596 1.618514,447.11
Tennessee Valley Authority1133 1,010,000.00880591EN8 08/15/2022 1,0491.87512/14/2012 1,015,110.60 1.893 1.9201,008,810.45
Tennessee Valley Authority1145 1,500,000.00880591EL2 02/15/2021 5033.87501/23/2013 1,542,225.00 1.647 1.6691,542,297.26
Tennessee Valley Authority1260 1,160,000.00880591EL2 02/15/2021 5033.87503/12/2014 1,192,654.00 2.427 2.4611,180,572.43
Tennessee Valley Authority1508 1,000,000.00880591CJ9 11/01/2025 2,2236.75011/20/2015 1,284,180.00 2.807 2.8461,205,527.31
Tennessee Valley Authority1519 750,000.00880591ER9 09/15/2024 1,8112.87501/15/2016 792,405.00 2.564 2.600759,087.25
Tennessee Valley Authority1589 775,000.00880591CJ9 11/01/2025 2,2236.75004/18/2016 995,239.50 2.337 2.370958,849.80
Tennessee Valley Authority1703 1,490,000.00880591EN8 08/15/2022 1,0491.87510/07/2016 1,497,539.40 1.538 1.5601,502,826.65
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 15
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Federal Agency Bonds
Tennessee Valley Authority1714 1,250,000.00880591CJ9 11/01/2025 2,2236.75011/10/2016 1,605,225.00 2.317 2.3501,550,065.92
Subtotal and Average 285,036,104.44 283,160,655.84 286,611,003.59 2.273 2.304 1,521
Treasury Securities (Notes)
U.S. Treasury1761 TB 1,500,000.00912828J43 02/28/2022 8811.75003/09/2017 1,504,740.00 2.071 2.1001,488,031.73
U.S. Treasury1866 TB 1,500,000.00912828L57 09/30/2022 1,0951.75010/06/2017 1,507,440.00 1.914 1.9411,491,847.97
U.S. Treasury1898 TB 1,500,000.00912828P38 01/31/2023 1,2181.75001/11/2018 1,507,905.00 2.308 2.3401,472,307.98
U.S. Treasury1905 TB 1,500,000.00912828N30 12/31/2022 1,1872.12501/22/2018 1,525,605.00 2.387 2.4201,486,506.22
U.S. Treasury1923 TB 1,500,000.00912828P38 01/31/2023 1,2181.75002/05/2018 1,507,905.00 2.560 2.5961,460,539.41
U.S. Treasury1925 TB 1,000,000.00912828P38 01/31/2023 1,2181.75002/08/2018 1,005,270.00 2.487 2.521975,949.23
U.S. Treasury1929 TB 1,000,000.00912828P79 02/28/2023 1,2461.50002/09/2018 997,380.00 2.534 2.570965,962.25
U.S. Treasury1934 TB 1,000,000.00912828P79 02/28/2023 1,2461.50002/15/2018 997,380.00 2.601 2.638963,859.22
Subtotal and Average 10,305,004.01 10,500,000.00 10,553,625.00 2.330 2.362 1,152
Municipal Bonds
Acalanes Union High School Dis1494 MUN 1,000,000.00004284B38 08/01/2021 6702.38110/30/2015 1,009,470.00 2.120 2.1501,003,958.09
Alameda County Joint Pws Auth.2005 MUN 505,000.00010831DS1 06/01/2025 2,0703.36512/24/2018 541,708.45 3.175 3.220508,712.63
Antelope Valley Community Coll1790 MUN 220,000.0003667PFL1 08/01/2022 1,0352.60805/09/2017 224,213.00 2.266 2.298221,796.87
Antelope Valley Community Coll2069 MUN 500,000.0003667PFN7 08/01/2024 1,7663.02608/16/2019 521,715.00 1.876 1.902525,792.94
State of Arkansas1913 MUN 320,000.00041042ZW5 06/01/2022 9742.87501/26/2018 328,672.00 2.486 2.520322,849.70
Burlingame School District1548 MUN 730,000.00121457EQ4 08/01/2025 2,1316.23802/24/2016 823,695.50 3.557 3.606824,276.78
Carlsbad Unified School Dist .1547 MUN 300,000.00142665DH8 08/01/2021 6704.58402/24/2016 313,683.00 2.130 2.159312,523.77
Carlsbad Unified School Dist .1556 MUN 1,250,000.00142665DH8 08/01/2021 6704.58403/04/2016 1,307,012.50 2.138 2.1681,301,936.87
Carlsbad Unified School Dist .1753 MUN 350,000.00142665DH8 08/01/2021 6704.58402/17/2017 365,963.50 2.317 2.350363,550.81
Carlsbad Unified School Dist .1857 MUN 305,000.00142665DJ4 08/01/2026 2,4965.23409/27/2017 362,184.45 2.850 2.890347,826.48
Cerritos Community College Dis1523 MUN 500,000.00156792GV9 08/01/2021 6702.78101/27/2016 508,315.00 2.012 2.040506,392.09
Cerritos Community College Dis1876 MUN 55,000.00156792GW7 08/01/2022 1,0352.97111/30/2017 56,662.65 2.416 2.45055,761.91
Contra Costa Community College2103 MUN 400,000.00212204JJ1 08/01/2028 3,2272.21309/12/2019 394,660.00 2.071 2.100403,618.38
Contra Costa Community College2120 MUN 990,000.00212204JK8 08/01/2029 3,5922.26309/20/2019 971,962.20 2.505 2.539966,293.86
State of Delaware1952 MUN 1,500,000.002463807H6 07/01/2022 1,0043.50005/03/2018 1,567,890.00 2.927 2.9671,520,480.71
State of Delaware1970 MUN 500,000.002463804C0 10/01/2020 3664.60011/02/2018 500,000.00 3.668 3.719504,206.10
Fremon Union High School Distr1646 MUN 525,000.00357172VA0 02/01/2026 2,3156.08006/28/2016 628,976.25 2.994 3.035613,397.05
Fullerton School District1916 MUN 995,000.00359819DN6 08/01/2026 2,4963.16002/14/2018 1,053,545.80 3.028 3.0701,000,342.04
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 16
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Municipal Bonds
Fullerton School District1917 MUN 750,000.00359819DM8 08/01/2025 2,1313.04002/14/2018 786,922.50 2.959 3.000751,547.45
Fullerton School District2085 MUN 365,000.00359819DN6 08/01/2026 2,4963.16008/29/2019 386,476.60 1.913 1.940393,342.22
State of Georgia1613 MUN 500,000.00373384RU2 10/01/2022 1,0963.57005/17/2016 523,145.00 1.878 1.904523,483.17
State of Georgia1645 MUN 365,000.00373384W69 02/01/2023 1,2193.25006/27/2016 381,176.80 1.898 1.925380,068.01
State of Georgia1666 MUN 1,825,000.003733844V5 02/01/2025 1,9502.37507/29/2016 1,858,543.50 1.972 1.9991,858,403.58
State of Georgia1691 MUN 385,000.00373384RU2 10/01/2022 1,0963.57009/26/2016 402,821.65 1.630 1.653406,028.15
State of Georgia1775 MUN 250,000.00373384RX6 10/01/2025 2,1924.00004/10/2017 277,175.00 2.739 2.777266,244.25
State of Georgia1919 MUN 1,095,000.00373384RY4 10/01/2026 2,5574.31001/26/2018 1,250,019.15 2.979 3.0201,181,399.90
State of Georgia1945 MUN 200,000.00373384RY4 10/01/2026 2,5574.31003/19/2018 228,314.00 3.204 3.248212,863.73
State of Georgia1962 MUN 390,000.00373384SP2 10/01/2023 1,4613.74010/25/2018 418,122.90 3.093 3.136398,661.16
State of Georgia1967 MUN 350,000.00373385BU6 02/01/2027 2,6802.72010/31/2018 361,714.50 3.412 3.460333,588.89
State of Georgia1980 MUN 1,200,000.00373384PB6 11/01/2027 2,9535.01411/30/2018 1,436,964.00 3.649 3.7001,307,685.41
State of Georgia2086 MUN 1,500,000.00373384RV0 10/01/2023 1,4613.72008/29/2019 1,599,840.00 1.749 1.7741,612,123.37
City of Glendora2109 MUN 1,345,000.00378612AL9 06/01/2028 3,1662.26509/16/2019 1,346,654.35 2.318 2.3501,336,058.39
State of Hawaii1685 MUN 1,045,000.00419792DA1 10/01/2026 2,5573.15010/19/2016 1,103,979.80 2.431 2.4651,089,162.02
State of Hawaii1852 MUN 225,000.00419791YP7 02/01/2022 8544.80009/21/2017 238,592.25 2.071 2.100238,474.38
State of Hawaii1944 MUN 1,000,000.00419792NH5 10/01/2022 1,0961.92103/20/2018 1,000,840.00 2.584 2.620980,340.16
State of Hawaii1946 MUN 355,000.00419791YP7 02/01/2022 8544.80003/21/2018 376,445.55 2.761 2.800370,592.21
State of Hawaii1947 MUN 1,500,000.00419792NH5 10/01/2022 1,0961.92103/29/2018 1,501,260.00 2.663 2.7001,467,190.51
State of Hawaii1961 MUN 250,000.00419791YS1 02/01/2025 1,9505.23010/25/2018 288,177.50 3.363 3.410271,670.21
State of Hawaii1981 MUN 500,000.00419791YV4 02/01/2028 3,0455.48011/30/2018 614,190.00 3.687 3.739560,908.82
State of Hawaii1995 MUN 800,000.00419791YT9 02/01/2026 2,3155.33012/06/2018 947,344.00 3.304 3.350888,515.36
State of Hawaii2019 MUN 750,000.00419792NH5 10/01/2022 1,0961.92101/17/2019 750,630.00 2.613 2.650734,461.84
City of Los Angeles1748 MUN 1,000,000.00544351KS7 09/01/2023 1,4312.64002/14/2017 1,029,670.00 2.784 2.8231,001,064.83
City of Los Angeles1879 MUN 1,090,000.00544351KR9 09/01/2022 1,0662.44012/11/2017 1,108,922.40 2.355 2.3881,091,541.71
City of Los Angeles1969 MUN 295,000.00544351NP0 09/01/2026 2,5273.30011/02/2018 319,063.15 3.530 3.579290,046.54
City of Los Angeles2008 MUN 1,000,000.00544351MS5 09/01/2026 2,5273.50001/07/2019 1,094,410.00 3.077 3.1191,023,191.18
Los Angeles Dept. of WTR & PWR1949 MUN 1,500,000.00544495VX9 07/01/2027 2,8305.51603/29/2018 1,856,940.00 3.254 3.3001,720,353.06
Los Angeles Dept. of WTR & PWR1965 MUN 425,000.00544495VX9 07/01/2027 2,8305.51610/29/2018 526,133.00 3.600 3.650477,257.32
Los Angeles Dept. of WTR & PWR1975 MUN 300,000.00544525NW4 07/01/2022 1,0045.18111/07/2018 326,274.00 3.166 3.210315,218.42
State of Maryland1689 MUN 485,000.005741925C0 03/01/2022 8824.30009/16/2016 512,533.45 1.534 1.555515,790.54
State of Maryland1762 MUN 1,000,000.00574193NC8 03/15/2022 8962.25003/22/2017 1,011,230.00 2.219 2.2501,000,000.00
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 17
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Municipal Bonds
State of Maryland1941 MUN 1,500,000.00574193PU6 03/15/2021 5312.48003/21/2018 1,514,865.00 2.406 2.4401,500,834.30
State of Maryland1943 MUN 1,280,000.005741925D8 03/01/2023 1,2474.40003/20/2018 1,385,331.20 2.633 2.6701,350,419.26
State of Maryland1958 MUN 1,690,000.005741926L9 08/01/2024 1,7664.20010/19/2018 1,869,697.70 3.413 3.4611,744,238.68
State of Michigan2002 MUN 825,000.005946108C4 05/15/2026 2,4183.85012/21/2018 863,997.75 3.452 3.500841,692.70
Mtn. View-Whisman School Dist.1348 MUN 500,000.0062451FFK1 08/01/2021 6702.97307/24/2014 507,955.00 2.893 2.933501,846.54
Marin Community College Dist.1858 MUN 500,000.0056781RGU5 08/01/2027 2,8613.27209/28/2017 539,675.00 2.791 2.830515,007.37
Marin Community College Dist.1973 MUN 120,000.0056781RGT8 08/01/2026 2,4963.17211/05/2018 128,330.40 3.452 3.500117,657.26
Marin Community College Dist.2084 MUN 250,000.0056781RJL2 08/01/2027 2,8613.33008/29/2019 270,875.00 1.874 1.900275,881.31
Mt. San Antonio Community Coll1489 MUN 1,335,000.00623040GX4 08/01/2023 1,4004.10310/26/2015 1,444,616.85 2.490 2.5251,407,894.44
State of Mississippi1968 MUN 1,500,000.00605581LM7 11/01/2026 2,5883.75111/07/2018 1,669,965.00 3.424 3.4721,530,073.52
State of Mississippi1972 MUN 500,000.00605581LM7 11/01/2026 2,5883.75111/07/2018 556,655.00 3.449 3.496509,247.93
State of Mississippi2087 MUN 750,000.00605581HL4 12/01/2024 1,8882.98708/30/2019 792,022.50 1.745 1.770794,830.33
State of Mississippi2090 MUN 500,000.00605581HL4 12/01/2024 1,8882.98709/04/2019 528,015.00 1.783 1.807528,930.05
State of Mississippi2096 MUN 150,000.006055805W5 11/01/2025 2,2234.68109/09/2019 172,293.00 1.880 1.906173,771.70
City of Napa Solid Waste2055 MUN 595,000.00630337AL7 08/01/2024 1,7662.20008/08/2019 597,546.60 1.968 1.996600,554.70
State of New Hampshire1948 MUN 1,500,000.00644682M37 06/01/2021 6093.50003/22/2018 1,542,825.00 2.544 2.5801,521,916.45
Northern CA Power Agency2058 MUN 500,000.00664845DF8 06/01/2020 2444.63008/08/2019 508,390.00 2.022 2.050508,473.72
New York St Envrnmntl Facs1942 MUN 1,000,000.0064985HWN3 07/15/2020 2881.43103/15/2018 995,020.00 2.377 2.410992,528.10
New York St Envrnmntl Facs2007 MUN 450,000.0064985HWS2 07/15/2024 1,7492.12001/04/2019 456,043.50 2.860 2.900434,569.72
New York State Urban Dev Corp.2097 MUN 700,000.006500357D4 03/15/2026 2,3573.07009/09/2019 740,257.00 2.071 2.100740,760.15
New York State Envrnmntl Corp1933 MUN 2,000,000.0064986DEE1 06/15/2022 9882.43802/15/2018 2,025,260.00 2.624 2.6611,988,626.44
New York State Envrnmntl Corp2022 MUN 1,000,000.00649791CN8 03/01/2023 1,2474.69001/22/2019 1,088,030.00 2.752 2.7911,060,876.27
New York State Envrnmntl Corp2024 MUN 1,000,000.00649791CN8 03/01/2023 1,2474.69002/08/2019 1,088,030.00 2.751 2.7901,060,953.52
State of Ohio1550 MUN 1,500,000.00677522HZ0 05/01/2021 5781.57003/09/2016 1,495,335.00 1.548 1.5691,500,000.00
State of Ohio1688 MUN 800,000.00677522JB1 05/01/2023 1,3082.11009/13/2016 804,816.00 1.764 1.788808,643.22
State of Ohio1742 MUN 2,000,000.00677522JB1 05/01/2023 1,3082.11001/31/2017 2,012,040.00 2.485 2.5201,972,950.13
State of Ohio1832 MUN 900,000.006775207G7 04/01/2024 1,6444.97106/30/2017 1,016,064.00 2.416 2.450993,549.50
State of Ohio1881 MUN 200,000.00677521GP5 11/01/2020 3973.62512/21/2017 203,828.00 2.179 2.210202,953.40
Orchard School District1910 MUN 200,000.00685585FD8 08/01/2027 2,8613.12501/25/2018 208,788.00 3.208 3.253198,325.39
State of Oregon1682 MUN 570,000.0068609BGH4 05/01/2022 9432.50008/29/2016 578,823.60 1.528 1.550583,338.17
State of Oregon1974 MUN 500,000.0068607LXQ5 06/01/2027 2,8005.89211/06/2018 608,235.00 3.516 3.565565,241.46
State of Oregon2003 MUN 300,000.0068608USE7 08/01/2025 2,1312.87712/21/2018 310,470.00 3.156 3.200294,936.18
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 18
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Municipal Bonds
State of Oregon2015 MUN 445,000.0068607LXQ5 06/01/2027 2,8005.89201/16/2019 541,329.15 3.537 3.587512,386.02
Pasadena CA Public Finance Aut1985 MUN 665,000.00702274CP4 12/01/2023 1,5223.43812/06/2018 704,121.95 3.205 3.250669,767.99
Palo Alto Unified School Dist.1192 MUN 2,000,000.00697379UE3 08/01/2021 6702.44105/10/2013 2,023,260.00 2.031 2.0602,012,780.95
Palo Alto Unified School Dist.1193 MUN 1,800,000.00697379UE3 08/01/2021 6702.44105/13/2013 1,820,934.00 2.031 2.0601,811,502.47
Palo Alto Unified School Dist.1195 MUN 1,990,000.00697379UE3 08/01/2021 6702.44105/15/2013 2,013,143.70 2.051 2.0802,002,040.98
Palo Alto Unified School Dist.1437 MUN 200,000.00697379UE3 08/01/2021 6702.44101/27/2015 202,326.00 2.041 2.070201,265.94
Palo Alto Unified School Dist.1610 MUN 1,000,000.00697379UE3 08/01/2021 6702.44105/12/2016 1,011,630.00 1.528 1.5501,015,627.14
Palo Alto Unified School Dist.1684 MUN 600,000.00697379UD5 08/01/2020 3052.29109/02/2016 602,040.00 1.290 1.308604,775.30
Palo Alto Unified School Dist.1880 MUN 1,025,000.00697379UD5 08/01/2020 3052.29112/20/2017 1,028,485.00 1.923 1.9501,027,820.11
Rancho Water Dist. Fin. Auth.1992 MUN 430,000.00752111KB9 08/01/2026 2,4962.48911/30/2018 445,213.40 3.318 3.365408,018.14
Rancho Water Dist. Fin. Auth.2054 MUN 1,675,000.00752111KA1 08/01/2025 2,1312.33908/08/2019 1,715,886.75 1.962 1.9901,706,075.18
County of Santa Clara1897 MUN 1,340,000.00801546PH9 08/01/2023 1,4002.50001/11/2018 1,371,490.00 2.436 2.4701,341,423.88
County of Santa Clara1899 MUN 1,460,000.00801546PJ5 08/01/2024 1,7662.68001/12/2018 1,515,991.00 2.643 2.6801,460,000.00
Santa Clara Vly Transportation1964 MUN 1,400,000.0080168NEL9 04/01/2021 5484.64910/29/2018 1,458,016.00 3.008 3.0501,432,112.66
Santa Cruz County Capital Fin.1906 MUN 465,000.0080181PCT2 06/01/2024 1,7052.50001/25/2018 474,811.50 2.968 3.010454,987.24
Santa Cruz County Capital Fin.1907 MUN 465,000.0080181PCU9 06/01/2025 2,0702.75001/25/2018 480,531.00 3.008 3.050457,955.41
Santa Cruz County Capital Fin.1908 MUN 470,000.0080181PCV7 06/01/2026 2,4353.00001/25/2018 492,879.60 3.107 3.150465,883.51
Santa Cruz County Capital Fin.1909 MUN 280,000.0080181PCW5 06/01/2027 2,8003.00001/25/2018 293,675.20 3.205 3.250275,396.72
City & County of San Francisco1441 MUN 360,000.00797646NL6 06/15/2022 9884.95002/09/2015 387,151.20 2.416 2.450382,155.52
City & County of San Francisco1509 MUN 1,000,000.00797646NC6 06/15/2025 2,0845.45011/27/2015 1,181,940.00 3.067 3.1101,114,732.45
City & County of San Francisco1711 MUN 2,105,000.00797646T48 06/15/2025 2,0842.29011/01/2016 2,146,258.00 2.219 2.2492,109,318.10
City & County of San Francisco1712 MUN 245,000.00797646T55 06/15/2026 2,4492.39011/01/2016 250,630.10 2.376 2.410244,704.63
City & County of San Francisco1839 MUN 230,000.00797646T48 06/15/2025 2,0842.29007/14/2017 234,508.00 2.682 2.720224,951.02
City & County of San Francisco2014 MUN 1,420,000.00797646ND4 06/15/2026 2,4495.60001/16/2019 1,725,058.60 3.304 3.3501,608,270.11
San Francisco Cmnty Facs Dist1937 MUN 680,000.0079772EBC2 09/01/2027 2,8923.25003/02/2018 726,668.40 3.451 3.499668,665.36
SF Bay Area Rapid Transit Dist1938 MUN 2,100,000.00797669XU7 07/01/2021 6392.38703/07/2018 2,114,889.00 2.494 2.5282,095,017.70
SF Bay Area Rapid Transit Dist1939 MUN 1,500,000.00797669XU7 07/01/2021 6392.38703/07/2018 1,510,635.00 2.497 2.5311,496,362.13
SF Bay Area Rapid Transit Dist2018 MUN 875,000.00797669XU7 07/01/2021 6392.38701/17/2019 881,203.75 2.544 2.579872,148.21
SF Bay Area Rapid Transit Dist2029 MUN 200,000.00797669XW3 07/01/2023 1,3692.62102/25/2019 204,588.00 2.672 2.710199,370.69
San Jose Evergreen Cmnty Colll1966 MUN 315,000.00798189PK6 09/01/2027 2,8923.72810/29/2018 345,996.00 3.676 3.727315,000.00
San Jose Unified School Dist.1435 MUN 580,000.00798186C83 08/01/2023 1,4002.50001/29/2015 589,106.00 2.663 2.700576,050.28
Santa Monica Cmnty College Dis2025 MUN 215,000.00802385QW7 08/01/2022 1,0352.90802/19/2019 220,706.10 2.714 2.752215,909.34
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 19
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Municipal Bonds
Santa Monica Cmnty College Dis2091 MUN 315,000.00802385RC0 08/01/2028 3,2273.47209/05/2019 344,046.15 1.972 2.000352,343.48
San Mateo Union High School Dt1518 MUN 180,000.00799017KV9 09/01/2021 7012.72001/19/2016 182,851.20 2.046 2.075182,089.04
San Mateo Union High School Dt1902 MUN 1,000,000.00799017UW6 09/01/2025 2,1622.69901/16/2018 1,035,940.00 2.786 2.825993,319.02
San Mateo Union High School Dt1940 MUN 1,000,000.00799017UW6 09/01/2025 2,1622.69903/09/2018 1,035,940.00 2.959 3.000984,143.68
South Pasadena Unified School1914 MUN 180,000.00839278JM1 08/01/2027 2,8613.00002/15/2018 188,785.80 3.057 3.100178,783.37
Sunnyvale Elementary Sch Distr2100 MUN 135,000.00867578UT1 09/01/2028 3,2582.19009/19/2019 133,998.30 2.157 2.187135,000.00
Sunnyvale Elementary Sch Distr2101 MUN 135,000.00867578US3 09/01/2027 2,8922.09009/19/2019 133,863.30 2.061 2.090135,000.00
State of Tennessee1673 MUN 1,000,000.00880541XY8 08/01/2026 2,4962.11608/25/2016 1,001,240.00 1.923 1.9501,010,256.88
State of Tennessee1674 MUN 1,650,000.00880541XX0 08/01/2025 2,1312.06608/25/2016 1,658,926.50 1.893 1.9201,662,844.78
State of Tennessee1676 MUN 700,000.00880541XX0 08/01/2025 2,1312.06608/25/2016 703,787.00 1.893 1.920705,449.30
State of Tennessee2001 MUN 205,000.00880541QU4 08/01/2024 1,7663.72812/20/2018 222,351.20 2.860 2.900212,515.23
State of Texas1482 MUN 920,000.00882723PP8 10/01/2021 7312.58910/14/2015 933,901.20 1.864 1.890932,106.46
State of Texas1586 MUN 1,000,000.00882722KA8 10/01/2023 1,4615.64304/19/2016 1,000,000.00 3.339 3.3851,079,200.00
State of Texas1592 MUN 235,000.00882722JZ5 10/01/2022 1,0965.50304/21/2016 235,000.00 3.047 3.090250,315.52
State of Texas1621 MUN 500,000.00882723A41 10/01/2020 3661.77706/07/2016 500,235.00 1.450 1.470501,480.31
State of Texas1625 MUN 485,000.00882722KC4 10/01/2025 2,1925.91306/09/2016 485,000.00 3.831 3.885534,101.56
State of Texas1708 MUN 110,000.00882722VJ7 04/01/2022 9133.67310/19/2016 114,852.10 1.825 1.850114,747.16
State of Texas1855 MUN 250,000.00882723EN5 08/01/2025 2,1313.83209/22/2017 263,122.50 2.747 2.785263,612.14
State of Texas2013 MUN 1,000,000.00882722VH1 04/01/2021 5483.52301/11/2019 1,025,040.00 3.503 3.5521,010,712.25
University of California1356 MUN 425,000.0091412GGU3 05/15/2020 2273.34807/31/2014 428,995.00 2.281 2.313427,546.74
University of California1481 MUN 260,000.0091412GQB4 05/15/2020 2271.99510/08/2015 260,288.60 1.824 1.850260,223.54
University of California2077 MUN 1,500,000.0091412GQG3 05/15/2025 2,0533.05008/26/2019 1,578,465.00 1.930 1.9571,586,715.47
University of California2095 MUN 1,000,000.0091412GQG3 05/15/2025 2,0533.05009/09/2019 1,052,310.00 1.797 1.8211,065,290.32
State of Utah1622 MUN 750,000.00917542QT2 07/01/2020 2743.28906/07/2016 757,417.50 1.430 1.450760,008.81
State of Utah1731 MUN 770,000.00917542QR6 07/01/2024 1,7354.55401/04/2017 819,811.30 2.904 2.944822,467.83
State of Utah1990 MUN 1,000,000.00917542QU9 07/01/2021 6393.36911/29/2018 1,024,050.00 2.959 3.0001,006,151.29
State of Washington1672 MUN 250,000.0093974DHW1 08/01/2022 1,0352.74008/08/2016 258,000.00 1.504 1.524258,197.30
State of Washington1721 MUN 515,000.0093974CPH7 08/01/2022 1,0354.63612/05/2016 558,852.25 2.465 2.500543,888.92
State of Washington1778 MUN 1,500,000.0093974CPG9 08/01/2021 6704.58604/12/2017 1,579,845.00 2.081 2.1101,564,743.06
State of Washington1802 MUN 485,000.0093974CRC6 08/01/2024 1,7664.66905/23/2017 553,768.15 2.416 2.450532,415.57
State of Wisconsin2000 MUN 500,000.0097705LA49 05/01/2022 9433.80012/19/2018 515,570.00 3.076 3.119508,271.78
Subtotal and Average 114,678,931.77 111,590,000.00 117,170,305.90 2.537 2.572 1,549
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
September 30, 2019
Par Value
Days To
Maturity
Maturity
Date
Current
RateMarket Value
Fund ALL - Portfolio Listings
Investments by Fund Page 20
CUSIP Investment #Issuer
PurchaseDate Book Value YTM360 YTM365
Supranationals (World Bank) Bonds
Inter-American Dev. Bank1978 IADB 1,500,000.004581X0CZ9 09/14/2022 1,0791.75011/09/2018 1,504,425.00 3.106 3.1501,442,013.16
Intl Bk Recon & Development1976 IBRD 1,500,000.00459056LD7 01/19/2023 1,2067.62511/08/2018 1,783,815.00 3.111 3.1551,705,642.85
Intl Bk Recon & Development1982 IBRD 1,000,000.00459058GL1 09/27/2023 1,4573.00011/27/2018 1,052,460.00 3.018 3.060997,770.02
Intl Bk Recon & Development1983 IBRD 1,000,000.0045905U6K5 11/15/2023 1,5063.00011/27/2018 1,001,600.00 3.404 3.4511,000,000.00
Intl Bk Recon & Development1998 IBRD 1,000,000.0045905UZT4 11/22/2021 7831.75012/12/2018 997,330.00 2.850 2.890976,746.35
Intl Bk Recon & Development2028 IBRD 1,500,000.0045905U2D5 02/15/2024 1,5982.50002/28/2019 1,506,975.00 2.990 3.0311,500,000.00
Intl Bk Recon & Development2031 IBRD 2,000,000.0045905U2L7 03/15/2024 1,6272.50003/22/2019 2,007,980.00 3.261 3.3062,000,000.00
Intl Bk Recon & Development2039 IBRD 1,000,000.0045905U2W3 04/15/2024 1,6582.40004/30/2019 1,003,840.00 3.000 3.0421,000,000.00
Intl Bk Recon & Development2041 IBRD 1,000,000.0045905UZT4 11/22/2021 7831.75004/22/2019 997,330.00 2.416 2.450985,549.97
Intl Bk Recon & Development2045 IBRD 1,500,000.00459058GS6 05/15/2024 1,6882.88005/15/2019 1,503,000.00 2.840 2.8801,500,000.00
Intl Bk Recon & Development2106 IFC 1,500,000.0045950VNF9 09/20/2024 1,8161.70009/20/2019 1,495,890.00 1.676 1.7001,500,000.00
Intl Bk Recon & Development2110 IBRD 1,500,000.0045905U4D3 09/19/2022 1,0842.08009/19/2019 1,500,000.00 2.051 2.0801,500,000.00
Intl Bk Recon & Development2111 IBRD 1,500,000.00459058HG1 09/23/2024 1,8192.20009/23/2019 1,499,130.00 2.169 2.2001,500,000.00
Intl Bk Recon & Development2116 IBRD 1,500,000.00459058HG1 09/23/2024 1,8192.20009/23/2019 1,499,130.00 2.169 2.2001,500,000.00
International Finance Corp.1988 IFC 1,500,000.0045950VMW3 12/15/2023 1,5363.00012/06/2018 1,515,705.00 3.328 3.3741,500,000.00
International Finance Corp.2012 IFC 2,000,000.0045950VMY9 01/15/2024 1,5672.50001/23/2019 2,009,720.00 3.103 3.1472,000,000.00
International Finance Corp.2023 IFC 1,500,000.0045950VNC6 02/15/2024 1,5982.62502/15/2019 1,509,285.00 3.054 3.0971,500,000.00
Subtotal and Average 24,107,722.35 24,000,000.00 24,387,615.00 2.801 2.840 1,476
Total Investments and Average 530,635,714.05 525,235,611.36 535,655,031.40 2.317 2.349 1,343
Portfolio CPA
AP
Run Date: 10/21/2019 - 17:40 FI (PRF_FI) 7.1.1
Report Ver. 7.3.3a
1 General Investment Guidelines:
a) The max. stated final maturity of individual securities in the portfolio should be 10 years.Full Compliance
b) A max. of 30 percent of the par value of the portfolio shall be invested in securities with maturities
beyond 5 years.28.0%
c) The City shall maintain a minimum of one month's cash needs in short term investments.Full Compliance
d) At least $50 million shall be maintained in securities maturing in less than 2 years.
Plus two managed pool accounts which provide instant liquidity:
- Local Agency Investment Fund (LAIF) - maximum investment limit i $65 million $29.2 million
- Fidelity Investments $3.1 million
e) Should market value of the portfolio fall below 95 percent of the book value, report this fact within a
reasonable time to the City Council and evaluate if there are risk of holding securities to maturity.100.96%
d) Commitments to purchase securities newly introduced on the market shall be made no more than
three (3) working days before pricing.Full Compliance
f) Whenever possible, the City will obtain three or more quotations on the purchase or sale of
comparable securities (excludes new issues, LAIF, City of Palo Alto bonds, money market
accounts, and mutual funds).Full Compliance
2 U.S. Government Securities:Full Compliance
a) There is no limit on purchase of these securities.
b) Securities will not exceed 10 years maturity.
3 U.S. Government Agency Securities:Full Compliance
a) There is no limit on purchase of these securities except for:
Callable and Multi-step-up securities provided that:
- The potential call dates are known at the time of purchase;
- the interest rates at which they "step-up" are known at the time of purchase; and
- the entire face value of the security is redeemed at the call date.
- No more than 25 percent of the par value of portfolio.24.45%
b) Securities will not exceed 10 years maturity.
4 California State, California Local Government Agencies, and other United States State Bonds:Full Compliancea)Having at time of investment a minimum Double A (AA/Aa2) rating as provided by a nationally
recognized rating service (e.g., Moody’s, Fitch, and/or Standard and Poor’s).
b)May not exceed 30 percent of the par value of the portfolio.21.25%
5 Certificates of Deposit (CD):Full Compliance
a) May not exceed 20 percent of the par value of the portfolio;None Held
b) No more than 10 percent of the par value of the portfolio in collateralized CDs in any institution.
c) Purchase collateralized deposits only from federally insured large banks that are rated by
a nationally recognized rating agency (e.g. Moody's, Fitch, and/or Standard & Poor's).
d) For non-rated banks, deposit should be limited to amounts federally insured (FDIC)
e) Rollovers are not permitted without specific instruction from authorized City staff.
6 Banker's Acceptance Notes (BA):Full Compliance
a) No more than 30 percent of the par value of the portfolio.None Held
b) Not to exceed 180 days maturity.
c) No more than $5 million with any one institution.
$133 million
2.00%
Attachment C
Investment Policy Compliance
As of September 30, 2019
Investment Policy Requirements
Compliance
Check / Actual
Attachment C
Investment Policy Compliance
As of September 30, 2019
Investment Policy Requirements
Compliance
Check / Actual
7 Commercial Paper:Full Compliance
a) No more than 15 percent of the par value of the portfolio.None Held
b) Having highest letter or numerical rating from a nationally recognized rating service.
c) Not to exceed 270 days maturity.
d) No more than $3 million or 10 percent of the outstanding commercial paper of any one institution,
whichever is lesser.
8 Short-Term Repurchase Agreement (REPO):Full Compliance
a) Not to exceed 1 year.None Held
b) Market value of securities that underlay a repurchase agreement shall be valued at 102 percent or
greater of the funds borrowed against those securities.
9 Money Market Deposit Accounts Full Compliance
a) Liquid bank accounts which seek to maintain a net asset value of $1.00.
10 Mutual Funds:Full Compliance
a) No more than 20 percent of the par value of the portfolio.None Held
b) No more than 10 percent of the par value with any one institution.
11 Negotiable Certificates of Deposit (NCD):Full Compliance
a) No more than 20 percent of the par value of the portfolio.8.26%
b) No more than $5 million in any one institution.Federally Insured
12 Medium-Term Corporate Notes:Full Compliance
a) No more than 10 percent of the par value of the portfolio.4.15%
b) Not to exceed 5 years maturity.
c) Securities eligible for investment shall have a minimum rating of AA or Aa2 from a nationally
recognized rating service.
d) No more than $5 million of the par value may be invested in securities of any single issuer, other
than the U.S. Government, its agencies and instrumentality.
e) If securities owned by the City are downgraded by either rating agencies to a level below AA it
shall be the City's policy to review the credit situation and make a determination as to whether
to sell or retain such securities.
13 Supranational Organizations Securities:Full Compliance
a) Securities will not exceed 5 years maturity 4.57%
b) No more than 20 percent of the par value of the portfolio.
c) No more than 10 percent in any one institution.
d) Securities eligible for investment shall have a minimum rating of AA or Aa2 from a nationally
recognized rating service.
14 Prohibited Investments:
a) Reverse Repurchase Agreements
b) Derivatives as defined in Appendix B of the Investment Policy
15 All securities shall be delivered to the City's safekeeping custodian, and held in the name of the
City, with the exception of :
- Certificates of Deposit, Mutual Funds, and Local Agency Investment Fund (LAIF)
Full Compliance
None Held
Full Compliance